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

 

Infighting rocks Grootfontein

12 hours ago | Local News

Acting Grootfontein municipality CEO Arnold Ameb says he will in due course explain why he decided to suspend the town council's finance executive Ileni Hainghumbi.Hainghumbi...

Windhoek empties pockets

12 hours ago | Local News

Only five African cities are more expensive to live in than Windhoek. Windhoek is now ranked the sixth most expensive city to live in Africa...

Hulitheni po okupaatha uusama – Namwandi

12 hours ago | Local News

OGONE TLHAGE Omundungiki, David Namwandi okwa holola kutya kape na omukuthimbinga melongo gumwe ngoka e na okukala ta pewa uusama omolwa iizemo yondondo 12...

Uutile wiikolokosha

12 hours ago | Local News

Amushanga nale gwewawa lyaanyasha mongundu tayi pangele moNamibia, okwa holola omaiyuvo ge omolwa etokolo ndyoka lya ningwa kuSADC kombinga yiizemo yomahogololo gaDemocratic...

Ta ya fala epangelo kompangu

1 day - 15 January 2019 | Local News

Konyala aanafaalama moshitopolwa shaKavango East ye li po 250 oya hala okufala epangelo kompangu sha landula sho kwa kalekwa egandjo lyomikandapitiko lyokuteya omiti nokundalaspota ...

Eihumbato lyonawa mokati kaalongi naanaskola olyo dhingi

1 day - 15 January 2019 | Local News

Omukuluntuskola poskola ndjoka, Gebhard Amunyela okwa popi kutya oku li iitula mo noonkondo ngele tashi ya komaihumbato gonawa mokati kaalongi poskola ndjoka oshowo aanaskola.Amunyela okwa...

Booys in firing line

2 days ago - 14 January 2019 | Local News

About 100 disgruntled Okahandja residents gathered outside the constituency offices at the town on Friday morning to call for the immediate removal of regional councillor...

Rationing kicks off

2 days ago - 14 January 2019 | Local News

Water rationing kicked off on Friday night at Gobabis, with the town currently receiving only about half of its daily water demand. NamWater last...

Namibian passport powerful

2 days ago - 14 January 2019 | Local News

The Namibian passport is the fifth most powerful on the continent and currently ranks 68th in the world. This is according to the latest Henley...

Omikanda dhomalweendo dhaNamibia odhi na ongushu

2 days ago - 14 January 2019 | Local News

Omukanda gwomalweendo gwaNamibia okwa hololwa guli ponomola ontitano momikanda ndhoka dhi na ongushu noonkondo menenevi, nomuuyuni oguli ponomola onti 68.Shoka osha hololwa kolopota yoHenley Passport...

Latest News

Higher food, fuel prices expected

12 hours ago | Economics

Consumers should brace themselves for even more expensive food and fuel this year. Although motorists received a slight reprieve in fuel prices in December,...

'Technical glitches' force plane to...

12 hours ago | Transport

An Air Namibia Embraer ERJ 135 en route to Ondangwa from Windhoek had to turn around on Sunday evening and land at Eros Airport, from...

When legends die paupers

12 hours ago | Columns

The death on Sunday of Bafana Bafana legend Phil Masinga and the outpouring of grief around his passing, especially in Namibia, has once again brought...

SA regulator weighs Eskom price...

12 hours ago | Economics

NAMPA/ANAAs the National Energy Regulator of South Africa (Nersa) on Monday began public hearings on Eskom's tariff increase application, pressure group SAFCEI suggested that the...

Cross-border buses to Zim suspend...

12 hours ago | Economics

Nampa/ANAThe International Cross-Border Traders Association (ICTA) on Monday said it had withdrawn all buses travelling to different parts of Zimbabwe from neighbouring countries as protests...

Nambundunga inspired us - Shalli

12 hours ago | People

Former Namibian Defence Force (NDF) chief Martin Shalli says his successor, the late Peter Nambundunga, played a significant role during the liberation struggle as a...

SADC urged to speak with...

12 hours ago | International

The Southern African Development Community (SADC) has been urged to speak with one voice on the current crisis in the Democratic Republic of Congo (DRC).This...

China and Canada in 'hostage...

12 hours ago | Economics

NAMPA/AFP A Chinese court's decision to impose the death penalty on a...

Ghana's biggest oilfield yet discovered...

12 hours ago | Economics

NAMPA/ANANorwegian oil exploration company Aker Energy has announced the discovery of what appears to be the biggest oil find in the Ghana's history to date...

Load More