TIRI MASAWI
The Independent Patriots for Change (IPC) have poked holes in the Land Bill currently being debated in parliament.
Chief among their concerts is the overwhelming power given to the minister responsible for land in deciding acquisition and distribution process in Namibia.
Leader of the official opposition in the August House Imms Nashinge last week criticised the Bill for ‘perpetuating disparity between communal and commercial land. He said the Bill fails to address the issue of multiple farm ownership in Namibia as well failing to give priority to Namibians in 99 year leases.
“This Bill centralises excessive power in the Minister; appointments, disputes to appeals, a total contradiction to the 2018 resolution calling for “independent and transparent land dispute resolution mechanisms,” he said
He said disputes over land must be adjudicated by neutral tribunals as compared to tribunals set by political appointees.
Nashinge said that the Bill treats both Namibians and foreigners as equals in the suggested process of giving 99 year leases.
“The 2025 Bill treats communal land as if it were a lesser category managed by traditional authorities assumed to lack education or capability, while commercial land is handled under modern, professional standards,” he said.
This thinking, Nashinge says, is feudalistic and discriminatory.
“If the law demands professionalism, sustainability and accountability in the management of commercial land, the same standards must apply to communal land supported through training, resources and institutional strengthening,” he said.
He said Namibia cannot continue to label communal farmers as incapable while offering no capacity-building.
“This Bill, instead, centralises power in the hands of the Minister. It sidelines the very communities the boards are meant to represent. For these boards to function effectively, appointments must be jointly made between the Minister and traditional authorities, ensuring inclusivity, accountability and community ownership,” he said.
Nashinge added “They must reflect gender balance, youth inclusion and regional diversity. These boards should not be mere administrative extensions of the Ministry; they must be true custodians of community interests.
He said the Bill remains ambiguous on whether Namibians can freely apply for leaseholds anywhere in the country.
“Equally troubling is the lack of clarity on succession. When a leaseholder dies, the committees decide on the next owner rather than protecting the
rights of spouses and children. This creates unnecessary conflict and
insecurity, which is unacceptable for a just and modern land law.”
Another IPC member of parliament Lilian Lituhezi said the Bill appears to strip traditional leaders of their relevance in land distribution and solving disputes associated with land in community.
“If we are not careful we will pass a Bill that will strip our traditional leaders of the little power they still have,” she said.
She said the Bill needs to recognise the efforts and work done by traditional leaders in distribution and management of land issues in their communities.
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