•  December 2000February 2001 Local News Headlines

Thursday, March 1, 2001 - Web posted at 7:56:19 AM GMT

Govt to enforce old SA laws on land
CHRISTOF MALETSKY

GOVERNMENT has turned to an old Bantustan law to clamp down on illegal fencing in communal areas as from today.

Lands, Resettlement and Rehabilitation Minister Hifikepunye Pohamba told the media yesterday that no one will be permitted to fence off more than 10 hectares of land in the communal areas.

Addressing a press conference in Windhoek, he said Government will use Regulation 70 of Proclamation R188 of 1969 of the Development Trust and the Land Act of 1936 to curb illegal fencing.

However, Pohamba could not say what will happen to those who have already fenced off large parts of land in the communal areas."

"My announcement doesn't include them because we have a Bill in Parliament making provisions for those who have already fenced off," he said.

The old Apartheid regulations prohibit people from fencing off public watering places and were designed by the then South African regime to control the occupation of certain land in the "rural black areas" before Namibia's Independence.

Those contravening the laws face a maximum fine of 10 British Pounds (approximately N$113 at today's exchange rates) or an option of 14 days behind bars and if it is a continuous offence a fine of one Pound (N$11,30) a day for every day that such an offence continues.

He said urgent and serious action needed to be taken to address the "grave and uncontrolled" fencing in communal areas especially in the Omaheke, Otjozondjupa, Omusati, Ohangwena, Oshana and Oshikoto regions.

Although land in communal areas was for the benefit of everybody, irrespective of the economic or social status of an individual, a lot of illegal fencing was going on which denied others much-needed grazing land, he said.

Pohamba instructed traditional leaders to allow fencing only after consulting his Ministry."

"It will be illegal for anybody to erect, extend, or cordon off any area larger than 10 hectares after 1st March 2001.

The law will be fully applied against individuals who fence off areas beyond the prescribed hectares," Pohamba said.

He said the move was taken after President Sam Nujoma's opening statement at the first Cabinet meeting of the year when the head of state denounced illegal fencing in communal areas.

Nujoma wants the illegally fenced off land to be taken away from the offenders who are mainly rich farmers and Government representatives.

He says communal land remains the property of Government and must be administered by traditional leaders on behalf of the State.

Last year the National Council called on Nujoma to appoint a Presidential Commission to investigate the extent of illegal and unfair fencing of land in communal areas.

The proposal was among a number of recommendations unanimously passed by the House of Review when it voted to reject the Communal Land Reform Bill.

Pohamba said the Bill was still with one of the standing committees and will "hopefully" be re-tabled for approval during the current session of the National Assembly.