A land leasehold right granted under the Communal Land Reform Act of 2005 does not end with the death of the right holder and can form part of a right holder’s estate after their death, a High Court judge has ruled. …
… Said the ministry: “In this regard, this ministry is calling upon all Namibians to observe the rule of law in settling land disputes as outlined in relevant statutes, especially the Communal Land Reform Act. …
… and Oshikunde, are still under investigation and adjudication. “All the fences that are currently earmarked for removal are located in the Okongo constituency,” Shakela said, adding that the board is following a structured legal process as required by the Communal Land Reform Act …
… Under the Communal Land Reform Act (2002), the power to allocate land is vested in the traditional authority which may lease such land to an individual for residential or farming purposes for 99 years. …
… Under the communal land tenure system, land allocation is done by village headmen, supposedly under the watch of the Communal Land Board as stipulated by the Communal Land Reform Act (2002). …
A High Court judge ruled that a leasehold right granted under the Communal Land Reform Act of 2005 does not end with the death of the right holder and can form part of their estate. The court also determined that a deceased estate and its executor have a stronger claim to the land than someone occupying it without a leasehold right.
Why it matters
High Court ruling on communal land leasehold inheritance clarifies a critical property right affecting rural communities under the Communal Land Reform Act.
A High Court judge ruled that a leasehold right granted under the Communal Land Reform Act of 2005 does not end with the death of the right holder and can form part of their estate. The court also determined that a deceased estate and its executor have a stronger claim to the land than someone occupying it without a leasehold right.
Namibia's Ministry of Agriculture, Fisheries, Water and Land Reform has condemned rising cases of land grabbing, illegal fencing, and uncoordinated land allocation in communal areas, including a January 2 shooting in Oshikoto Region that killed a village headman. The ministry urged adherence to communal land laws and said it is introducing punitive measures in a Land Bill before Parliament to address these violations.
Independent Patriots for Change shadow minister Armas Amukoto has blamed traditional authorities for systemic failures in land allocation, including corruption, favouritism, and exclusion of vulnerable communities, citing double allocations and biased decision-making. The criticism comes after government minister James Sankwasa attributed recent deaths among headmen to failures in the Communal Land Board system.
The Ohangwena Communal Land Board will remove at least 22 illegal fences in Okongo constituency at a cost of around N$500,000 after farmers ignored orders to take them down. The board has received reports of 196 illegal fences across the region, of which 126 have been investigated, with farmers having erected fences unlawfully in communal grazing areas despite public awareness campaigns and legal proceedings.