Thomas G 201075180

Granting of Grazing Communal Land

Communal Land is defined by traditional authority as a land that is owned by the settlers of a specific area and they can use that land to pursue farming activities or any activity. After independence there has been a grazing dispute between Aawambo (Oshikoto and Ohangwena farmers) and Oukwangali Traditional Authority in the far north-eastern region of Namibia, basically the Oukwangali Authority claim that the Aawambo farmers are over-grazing the area and destroying the crops with grazing of the land which they are not inhabitants of. The issue has become a national concern which led to the intervention of the government through the judiciary system and line ministry (Ministry of lands), and the ordered, was issued that farmers must vacate grazing area, which they have been grazing for the past 20 years.

In a wake to this, a recent report, it has been reported that the Head of state and other national leader has receive land from the same authority that request eviction of the previous farmers in the area. As a matter of fact, the same people that intervene to get the farmers evicted, got reward with the same price, this technically means they ensure that the previous farmers got evicted from the land to ensure it is granted to them.

The Agricultural (commercial) Land reform act 6 of 1995 states that: To provide for the acquisition of agricultural land by the State for the purposes of land reform and for the allocation of such land to Namibian citizens who do not own or otherwise have the use of any or of adequate agricultural land, and foremost to those Namibian citizens who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices; to vest in the State a preferent right to purchase agricultural land for the purposes of the Act; to provide for the compulsory acquisition of certain agricultural land by the State for the purposes of the Act; to regulate the acquisition of agricultural land by foreign nationals; to establish a Lands Tribunal and determine its jurisdiction; and to provide for matters connected therewith.

The Communal Land Reform Act of 2002, stated that: Namibians can be settled anywhere in the country, although the previous farmers are Namibian too but they are not protected by the same Act which was used to evict those that has been grazing the area for the past 20 years and grant land to the national leaders. Therefore, looking at the issue in hand we can safely say the Communal Land Act of 2002, Constitution and Traditional Authority only applied to those who have manipulation access to both laws. In conclusion, We can safely say, the laws that govern the land in this country are easily for: • Those who influence traditional authority to bend law in their advantage. • Those that allow traditional authority to define who can settle the land beside. I would love the law to be defined not in terms of “who is who?” but in terms of those that need the land.