https://www.fao.org/faolex/results/details/en/c/LEX-FAOC064022

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English

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LEX-FAOC064022

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This Act makes provision for the allocation of rights in land in the areas described in the First Schedule to this Act or in any area which is declared to be communal land under section 16(1)(a) of this Act ("communal land"). The Act consists of 47 sections divided into 5 Chapters.The Minister must establish Communal Land Boards to perform the functions conferred on a Board by this Act within the area for which each Board is established. Boards shall be established for a region, a part of a region or two or more regions. A Board shall: (a) exercise control over the allocation and the cancellation of customary land rights by Chiefs or Traditional Authorities under this Act; (b) consider and decide on applications for a right of leasehold under this Act; (c) establish and maintain a register and a system of registration of customary land rights and leasehold rights; (d) advise the Minister; and (e) perform such other functions as are assigned to a Board by this Act. The President of Namibia may declare unalienated State land to be a communal land area. Communal land areas shall vest in the State in trust for the benefit of the traditional communities residing in those areas and for the purpose of promoting the economic and social development of the people of Namibia, in particular the landless and those with insufficient access to land. Customary land rights shall be allocated upon application for a limited period. Only specific customary land rights may be allocated in respect of communal land and size limits are imposed. The Act also provides for recognition of existing customary land rights and the granting of a right of leasehold for agricultural purposes or a right of grazing on communal land.

Implemented by: Regulations on Procedure to Sublease Portion of Farming Unit (GN No. 241 of 2013). (2013-09-06)
Implemented by: General Regulations made in terms of the Communal Land Reform Act. (2016-06-12)
Implemented by: Regulations relating to Occupational Land Rights (GN No. 278 of 2016). (2016-11-24)
Amended by: Communal Land Reform Amendment Act, 2005 (Act No. 11 of 2005). (2005-11-21)
Amended by: Communal Land Reform Amendment Act, 2013 (No. 13 of 2013). (2013-12-24)

Legislation