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

 

Aaniilonga yuundjolowele 39 ya monika oCovid-19

12 hours ago | Local News

JEMIMA BEUKESOVENDUKAMomaandaha nEtiyali aaniilonga yahamano muundjolowele oya monika ombuto.Onkalo ndjoka oya lopotwa molopota yomasiku 31 gaJuli moka mwa hololwa kutya ompumbwe yonzo dhopauntu miitopolwa oyimwe...

A dhipagwa omolwa ococaine niitapa

12 hours ago | Local News

GOBABISNAMPAOkamati koomvula 14 okwa lopotwa ka dhipaga omumati gwoomvula 18 konima sho e mu tsu nombele pethimbo lyolugodhi moGobabis moshitopolwa shaMaheke mOlyomakaya lwopotundi...

ACC’s Noa reacts to flurry of changes

1 day - 05 August 2020 | Local News

JEMIMA BEUKES WINDHOEKAnti-corruption commission (ACC) director-general Paulus Noa says the law prohibits the...

Mupini youth refuse to pay ‘witchcraft’ slur fines

1 day - 05 August 2020 | Local News

Kenya Kambowe MUPINIEleven youth, who in June were fined two cows or N$4 000 each by the Mbunza Traditional Authority (MTA)...

Erongo travel permits still on the table

1 day - 05 August 2020 | Local News

Adolf Kaure SWAKOPMUNDA notice displayed in one of the Swakopmund police station’s windows was removed on Saturday after it created uproar amongst the town’s residents.On...

Kwa totwa ongundu yoIPC

2 days ago - 04 August 2020 | Local News

OGONE TLHAGE OVENDUKAOngundu ndjoka otayi kwatelwa komeho kwaangoka a li a kutha ombinga methigathano lyehogololo lyuupresidende, Omundohotola Panduleni Itula, ngoka a tidhwa mongundu...

Oyendji taya kanitha iilonga

2 days ago - 04 August 2020 | Local News

OGONE TLHAGEOVENDUKASha landula sho kwa pitithwa omiyalu dhina sha nondjele yokwaahena iilonga metata lyotango lyomvula, aanongononi oya holola kutya aantu oyendji miikondo ya yooloka ngaashi...

Ablution facilities needed

6 days ago - 31 July 2020 | Local News

LEANDREA LOUW WALVIS BAY A big consignment of food, tents and mattresses from the Office of the Prime Minister was officially handed...

Aavali ya lombwelwa ya kuthe ombinga melongo lyaanona yawo

1 week ago - 30 July 2020 | Local News

KENYA KAMBOWE RUNDU Omukomeho gwelongo moshitopolwa shaKavango East Fanuel Kapapero okwa popi kutya aavali inaya tegelela aanona yawo yuundulilwe koongundu tadhi landula...

Omukokele gwomOmusati a holoka mompangu omolwa ekwatonkonga

1 week ago - 30 July 2020 | Local News

KENYA KAMBOWE RUNDU Oshiningwanima shoka osha ningwa momasiku 30 gaJuni nuumvo momukunda Otsalindi mOtamanzi. Sackaria, okwa holoka komeho yomukwatheli omupanguli, Alma...

Latest News

River-crossing fugitive in custody

12 hours ago | Crime

OGONE TLHAGEWINDHOEKImmanuel David, a Namibian-born South African passport holder who entered the country illegally by crossing the Orange River in a canoe in June, has...

Harambee goal down the toilet

12 hours ago | Government

Jo-Maré Duddy WINDHOEK Of the 50 000 toilets in informal settlements in rural areas President Hage Geingob promised in his Harambee Prosperity Plan (HPP)...

Contraceptive shortage: 27 900 unintended...

12 hours ago | Health

JEMIMA BEUKESWINDHOEKA study predicts that up to 27 900 unintended pregnancies may occur in Namibia because of a shortage of contraceptives brought about by the...

RFA spend massive amounts

12 hours ago | Economics

The Road Fund Administration (RFA) has over the past five-years allocated N$ 177.2 million to the City of Windhoek towards road maintenance and traffic law...

Rid Namibian police of rogue...

12 hours ago | Opinion

Videos of Namibian police officers assaulting alleged illegal immigrants from Zambia are a continuation of many violations that have become common place within the national...

'Covid-19 used for hidden agendas'

12 hours ago | Labour

ELLANIE SMIT WINDHOEK The Trade Union Congress of Namibia (Tucna) yesterday accused government of purposefully using the Covid-19 pandemic to clandestinely and deliberately destroy parastatals,...

Otavi man commits suicide by...

12 hours ago | Crime

NAMPAOTJIWARONGOA 30-year-old man from Otavi committed suicide by allegedly drinking acid on Monday.Otjozondjupa police spokesperson, Inspector Maureen Mbeha, said yesterday the deceased has been identified...

N$5.5m for wildlife protection

12 hours ago | Environment

ELLANIE SMIT WINDHOEK The Game Product Trust Fund (GPTF) has become increasingly important in protecting wildlife due to a lack of funding from government. The...

COMPANY NEWS IN BRIEF

12 hours ago | Business

Disney takes US$5 billion hit Walt Disney Co avoided the unmitigated disaster some investors feared as it eked out an adjusted profit amid the coronavirus...

Load More