A PROPOSAL to impose a limit on the maximum size of agricultural land an individual or a legal entity can own is currently on the table.
This forms part of the considerations as the Ministry of Lands and Resettlement is consolidating the two Acts dealing with the land reform process, the Agricultural (Commercial) Land Reform Act of 1995 and the Communal Land Reform Act of 2002.
One proposal is that the maximum size of a commercial farm in central and southern Namibia should be 10 000 hectares, and 7 000 hectares in the central north.
Another suggestion is that no individual or legal entity may own farms with a total size of more than twice the suggested limits.
For game farming, the suggested size limit per owner is 20 000 hectares throughout the commercial agricultural area.
In anticipation of resistance from commercial farmers owning farms exceeding these limits, the government might consider passing a moratorium on the subdivision of farms to prevent any alienation of land in excess.
It is understood that these drastic measures are considered to ease the way of State expropriation of commercial farms.
The Minister of Lands and Resettlement, Alpheus !Naruseb, earlier this year again said that the land acquisition for land reform purposes is slow and should be accelerated through the expropriation of farms that belong specifically to absentee landlords to complement the willing-buyer, willing-seller method currently in use.
He said farms owned by absentee landlords should be identified for expropriation by Government.
He then said that this matter was being addressed through the drafting of revised expropriation criteria.
Government is further planning to close loopholes in current legislation to stop evasion of land alienation through the registration of usufructs. There is a proposal to outrightly outlaw the registration of usufructs – a common-law term which means that another person or legal entity can make use of your property temporarily.
This is reportedly to give the State preferential rights to farms that are up for a transfer of ownership when the owners die.
It is believed that farms are increasingly being auctioned off by a messenger of court or deputy sheriff without the State being granted the first opportunity to buy them.
Another plan in the offing is to tighten restrictions on foreigners buying land in communal areas, presumably because there is an increasing buying of land in communal areas by foreign nationals, notably Chinese nationals in northern communal areas.
And following repeated outcries over illegal fencing in communal areas, there is now a proposal to extend communal land boards to be able to grant customary land rights and leasehold rights of up to 50 and 100 hectares – as opposed to the current 20 hectares – without having to seek the consent of the Minister of Lands and Resettlement.
