Traditional leaders push back against land bill

Traditional leaders have warned that the proposed land bill, which would strip them of the power to allocate communal land, threatens long-standing customs and could spark public opposition.

Empowering the Communal Land Board to instead perform this function goes against traditional practices, they say.

Minister of agriculture, fisheries, water and land reform Inge Zaamwani-Kamwi recently tabled the land bill in the National Assembly.

Council of Traditional Authorities chairperson chief Immanuel |Gaseb on Friday told The Namibian he has never heard of such practice before and has vowed not to let the matter go.

“If you go to other African countries, traditional authorities have a say in the affairs of their communal lands and even beyond in some countries, where they consult the chiefs before the president makes any decision.

“If we allow this bill in its current form, we will lose our culture. If that is the case, they must tell us they no longer need traditional authorities, and if that is the case, we will mobilise our people to put an end to it,” he said.

|Gaseb praised parliamentarians who have objected to the relevant provision and urged that “anything keeping traditional authorities out” must not be accepted.

He said traditional leaders must be consulted on the matter, and that what has been a practice for many years should not be tampered with.

Dâure Daman Traditional Authority chief Zacharias Seibeb has described the provision as “a bad move”.

“It will lead to more poor people not getting land and destroying traditional customs,” he says.
Seibeb says the provision needs to be revisited before it causes uproar.

“The arrangement to empower the Communal Land Board is totally unacceptable . . . that the land board has to enter the area without consulting the traditional authority,” he says.

Swapo parliamentarian Sebastiaan Karupu during his contribution to the land bill last week recommended that it be amended to bring about harmony between the government and Namibia’s traditional authorities.

“The power and function of the boards under Section 5 of this bill should be confined to the administrative functions of the community by facilitating applications received with the consent of the chiefs to the ministry, and should not ratify the conventions of the chiefs and their traditional authorities,” he said.

Karupu recommended that Section 25 of the bill should rather read: “The power to allocate and cancel communal land rights should be vested (a) in the chief of that traditional community, after consulting the traditional authority of the relevant traditional community, or (b) where chief of that traditional community and the relevant traditional authority have so agreed, in the traditional authority of that traditional community”.

The sentence “subject to ratification by the relevant communal land board” should be done away with, he said.

Karupu said Section 22(1) should consequently read as follows: “Subject to this act, the ownership of all communal land areas vests in the state, and such areas are held in trust in the custody of the traditional authorities concerned.”

He said all the provisions in this bill which gives power to the Communal Land Board to ratify or set aside any decision by the chiefs and their traditional authorities should be removed.

Traditional authorities were established to exercise their inheritance powers over their people and the territory under their jurisdiction, Karupu said.

“To deny them their inherent authority by placing it in an appointed board I think is not fair,” he said.

Karupu called on the parliament to respect traditional authorities, which have existed before any civil authority and said the chiefs should not be stripped of their inherent power.

In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.