New land Bill gives minister sweeping expropriation powers

The government’s new 2025 Land Bill hands the minister responsible for land reform far-reaching powers to acquire commercial farms in the public interest, signalling a decisive policy shift from the long-standing “willing buyer–willing seller” model.The Bill, which replaces the 1995 Agricultural (Commercial) Land Reform Act, creates a more assertive, state-led redistribution framework aimed at accelerating resettlement and tackling entrenched social and economic inequalities.According to Section 81, land may now be acquired for Namibians who are landless, inadequately resourced, historically disadvantaged or otherwise vulnerable, including the unemployed. “The purpose is to address social and economic imbalances in Namibian society and bring about equitable access to land,” the Bill states.Since independence, Namibia’s land reform was guided by the 1991 Land Conference and the 1995 Act, which relied on voluntary sales. More than 500 farms — about three million hectares — were transferred to the state under that system. But critics say progress was slow, uneven and costly.The new Bill broadens the state’s reach, empowering the minister to target land offered for sale, properties illegally held by foreigners, absentee-owned farms, under-utilised holdings, abandoned land, and farms exceeding economic unit thresholds.Expanded powers of expropriationUnder Section 89, the minister — after consulting the Land Reform Commission — may expropriate land at any time in the public interest, subject to “just compensation.” This power extends to adjoining properties if necessary to meet reform objectives.Where part of a farm is taken, the remainder may also be expropriated if it becomes uneconomic either for the owner or under national policy. Owners must first be served with a notice of intention to expropriate, published in the Government Gazette, and given 30 days to make written submissions.If no agreement is reached during subsequent negotiations, the minister may proceed with expropriation. The Commission must also consider the fate of farmworkers and their families before a final decision is taken.Inspections and safeguardsSection 82 authorises the Land Reform Commission to send inspectors to assess farms before acquisition. They may examine land value, usage, ownership history, subsidies, and rights-holders. Inspections must be preceded by seven days’ notice, and officers must carry proof of appointment. The state remains liable for any damage caused.If expropriation proceeds, a formal notice is issued, detailing the land, date of expropriation, compensation offered, and valuation reports. From that date, ownership immediately vests in the state, free of mortgage bonds, though other registered rights remain unless expropriated.Compensation frameworkCompensation is capped at the property’s open-market value plus proven financial losses. A solatium of 10% (up to N$50 000) is also payable for inconvenience.Owners and rights-holders have 60 days to accept or contest the state’s offer. If they reject it, the minister must respond with a counteroffer within 60 days, after which disputes go to the Lands Tribunal. Silence is deemed acceptance.The minister may advance up to 80% of compensation after taking possession. Where mortgages, unpaid taxes, or pending sales exist, compensation may be redirected to creditors, buyers or the tax authority. Funds without clear recipients are lodged with the Master of the High Court’s Guardian’s Fund.Providing false information or withholding deeds during the process constitutes a criminal offence, punishable by up to two years’ imprisonment or a N$10 000 fine.The Bill also allows the minister to withdraw an expropriation within 90 days if it is deemed in the public interest. In such cases, ownership reverts to the original owner and mortgage bonds are reinstated.

New land Bill gives minister sweeping expropriation powers

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Namibian Sun 2025-11-18

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New land Bill gives minister sweeping expropriation powers

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Namibian Sun 2025-11-18

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