Concern over leasehold registration

The Legal Assistance Centre has performed research indicating that out of 5 000 resettled farmers, only 10 leaseholds have been registered.

21 June 2017 | Local News

Less than 10 leaseholds were registered at the deeds office by 2016 even though more than

5000 people have been resettled on farms countrywide.

This is according to a new report released by the Legal Assistance Centre (LAC) in cooperation with the Namibia University of Science and Technology. The Namibia Agricultural Union (NAU) has expressed grave concern about the figures released in the report.

“It is of great concern that to date less than 10 leaseholds are registered at the deeds office out of nearly 5 000 resettled famers, which already have the advantages from this resettlement programme,” said NAU.

According to the union, the problem is that is that these leaseholds are not accepted as security by banks or other financial institutions and that they are not transferable.

According to the report, no real rights in land can be considered to be transferred from one person or entity to another unless those rights are registered at the deeds office.

The objective of the study is to give input for a policy framework with regard to leaseholds for especially resettlement farmers.

“This therefore raises the question as to the legal status of any real rights expected to be transferred through any allotment or lease that is not registered at the deeds office.”

The report raises the question whether any allotment letter from the lands ministry to an individual, or even an unregistered lease agreement, carries with it the effect of transferring any real rights in land from the lessee to the lessor.

“The registration of leaseholds at the deeds office was even slower, with only six lease agreements over land allocated under the national resettlement plan registered by April 2016. This is a very low figure, bearing in mind that the ministry has resettled more than 5 000 beneficiaries,” says the report.

According to the report, during the financial year 2013/14, “a total number of 11 lease agreements were handed over to the notary public through the attorney-general's office for preparation and lodgement in the deeds office.”

Moreover, the report points out that the actual number of lease agreements issued and registered does not approximate the targets set for the strategic planning period 2013-2017.

Over this period, the lands ministry intended to grant a total of 620 notarial lease agreements.

“These low registration figures should be of concern to policy makers and implementers, and they raise a number of questions which require critical analysis.”

It said a major concern about legalising transactions in leased resettlement land is that short-term considerations will lead to beneficiaries selling their rights, and hence becoming landless again.

It said financial institutions will remain hesitant to advance loans if foreclosure involves having to clarify land rights.

The report found that there are two major reasons for the lack of registration of leaseholds.

“Firstly, there seems to be a general lack of information about the process and requirements for registration among beneficiaries, implementing agencies, and financial institutions. The second reason relates to financial, technical and other capabilities of the beneficiaries as well as the economic potential of the parcels, rather than the leasehold registration process itself.”

The report says that although the fixed transaction costs (government fees, professional fees and taxes) appear to be significant, it would lead many to conclude that this is not affordable, given the perceived scale of economic activity on many resettlement farms. However, the cost should be seen in the context of the value of the asset and the advantages that may accrue from the registration of the leasehold agreement.



ELLANIE SMIT

Similar News

 

Squatters get water amid pandemic

1 day - 03 April 2020 | Local News

ILENI NANDJATOOSHAKATI North West Plastic Manufacturers (NWPM) has donated three 500-litre water tanks to the Ondangwa town council to aid water provision to informal settlements.Council...

Chinese vessels free to go

2 days ago - 02 April 2020 | Local News

LEANDREA LOUWWALVIS BAYSix Chinese fishing vessels impounded by the Namibian navy after anchoring in a fishing zone near Henties Bay are now free to go....

Bribes for services

2 days ago - 02 April 2020 | Local News

JEMIMA BEUKES WINDHOEK About 8% of Namibians had to pay a bribe once, twice or a few times to obtain water,...

Rundu takes corona lightly

2 days ago - 02 April 2020 | Local News

Kenya Kambowe RUNDU Residents and some business owners at Rundu are seemingly not taking the necessary precautionary measures to fight the spread of...

Esiku lyotango lya Apilili olya simana moSwapo

2 days ago - 02 April 2020 | Local News

OMUTOOLINKUNDANA GWOMENIOVENDUKA Minista nale Charles Namoloh okwa popi kutya ethimbo olya thikana opo ku simanekwe ondjokonona yesiku lyotango lyaApilili mekondjelomanguluko lyoshilongo.Sho a ningwa naye...

Shimbulu ta fala Swapo kompangu

2 days ago - 02 April 2020 | Local News

ILENI NANDJATO OSHAKATI Shoka osha hololwa momukanda gwa shangelwa ngoka ta longo pehala lyOmunambelewa Omukuluntu gwondoolopa yaShakati Helena Thomas, gwa shangwa kuhahende...

Vendors in a pickle

3 days ago - 01 April 2020 | Local News

KENYA KAMBOWERUNDUVendors in the north are unhappy with the closure of open markets as part of the coronavirus response.In line with government directives, the Rundu...

Ongendjo yongeleka ya yakwa po

3 days ago - 01 April 2020 | Local News

ELLANIE SMIT OVENDUKA Kape na ngoka a tulwa miipandeko shi na sha nuulunga mboka, nomakonaakono gopolisi otaga tsikile.Moshiningwanima sha yooloka, mEtitano lya piti moAuspannplatz...

Coronavirus: Aochamub otashi vulika a lalekwe oshiwike shika

3 days ago - 01 April 2020 | Local News

TOIVO NDJEBELAOVENDUKA Omukalelipo gwaNamibia koFrance, Albertus Aochamub okwa popi kutya ota tipo hwepo okuza komukithi gwocoronavirus na otashi vulika a lalekwe mo moshipangelo oshiwike...

Aalandithi yomomapandanda ya indikwa mOndangwa

4 days ago - 31 March 2020 | Local News

ESTER KAMATIOSHAKATI Yimwe yomoonkatu ndjoka ya katukwa kelelo lyaNdangwa, okuyeleka omapandanda gondoolopa okuza kaalandithi yomomapandanda mboka taya vulu okutaandelitha nenge okukwatwa kombuto nuupu....

Latest News

Mariental flooded after cloudburst

1 day - 03 April 2020 | Disasters

ELLANIE SMITMARIENTALMajor flooding was experienced at Mariental yesterday morning after 120 mm of rain fell within a two-hour period.The rain started at about 08:00 and...

Geingob needs support to lead...

1 day - 03 April 2020 | Opinion

President Hage Geingob often gets the stick for all the challenges that the country faces, but perhaps unfairly so at times.While he arguably did not...

20 000 Jack Ma corona...

1 day - 03 April 2020 | Disasters

JEMIMA BEUKESWINDHOEKNamibia may only start using the 20 000 coronavirus testing kits donated by Chinese billionaire Jack Ma by the end of April.The government is...

Hefty lockdown violation fines revealed

1 day - 03 April 2020 | Disasters

ELLANIE SMIT WINDHOEKPeople who flout the lockdown rules during the coronavirus state of emergency could be fined up to N$2 000. This is in accordance...

Meatco to restart slaughtering

1 day - 03 April 2020 | Agriculture

ELLANIE SMIT WINDHOEK Meatco will restart slaughtering activities at its factory next week following a declaration that the agriculture value chain is an essential service....

Dams more than 50% full

1 day - 03 April 2020 | Weather

ELLANIE SMIT WINDHOEK The average dam level has risen to 56.9%, nearly twice as high as last season when the dams were only 31.1% full....

Fresh and Popping – Lockdown...

1 day - 03 April 2020 | Art and Entertainment

MICHAEL KAYUNDE WINDHOEK As you already know, Fresh and Popping is where we share trending songs, hot out of the booth. We tell you...

Sharing hope with gospel music

1 day - 03 April 2020 | Art and Entertainment

MICHAEL KAYUNDE WINDHOEKA genre with a devoted community of fans, Namibian gospel is producing more and more world-class content, like award-winning Manda Gabriel, who recently...

Keeping it real

1 day - 03 April 2020 | Art and Entertainment

Recently, we've had some new names on this page. The response has been awesome, but I've also received some resentful opinions. Asking why the page...

Load More