Guide To The Communal Land Reform Act
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“Beggars on our own land …” Tsumib v Government of the Republic of Namibia and its Implications for Ancestral Land Claims in Namibia
Author | : Willem Odendaal |
Publisher | : BASLER AFRIKA BIBLIOGRAPHIEN |
Total Pages | : 274 |
Release | : 2024-04-15 |
Genre | : Social Science |
ISBN | : 3906927601 |
In 1954, the Hai||om people were evicted from Etosha by the South African-controlled South West African Administration. In 2015, the Hai||om filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. “Beggars on our own land …” unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Hai||om people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands?Odendaal goes into detail how the Tsumib case materialised under the post-independence Namibian constitutional discourse. He assesses the Namibian land reform programme and its oversight in dealing with historical land dispossessions. He inspects Hai||om “identity” and how it was used to strengthen their case. He concludes with an examination of Namibia’s outdated and restrictive legal framework, which ultimately denied the Hai||om people their constitutional right to be heard in the Namibian Court. While the future of ancestral land claims in Namibia depends on the political will of the Namibian government, Odendaal argues that the Namibian courts have a duty to comply with the rights giving nature of the Namibian Constitution that lays the foundation for the Hai||om people’s ancestral claims.
Innovations in Land Rights Recognition, Administration, and Governance
Author | : Klaus Deininger |
Publisher | : World Bank Publications |
Total Pages | : 384 |
Release | : 2010-10-22 |
Genre | : Business & Economics |
ISBN | : 082138581X |
The importance of good land governance to strengthen women s land rights, facilitate land-related investment, transfer land to better uses, use it as collateral, and allow effective decentralization through collection of property taxes has long been recognized. The challenges posed by recent global developments, especially urbanization, increased and more volatile food prices, and climate change have raised the profile of land and the need for countries to have appropriate land policies. However, efforts to improve country-level land governance are often frustrated by technical complexities, institutional fragmentation, vested interests, and lack of a shared vision on how to move towards good land governance and measure progress in concrete settings. Recent initiatives have recognized the important challenges this raises and the need for partners to act in a collaborative and coordinated fashion to address them. The breadth and depth of the papers included in this volume, all of which were presented at the World Bank s Annual Conference on Land Policy and Administration, illustrate the benefits from such collaboration. They are indicative not only of the diversity of issues related to land governance but, more importantly, highlight that, even though the topic is complex and politically challenging, there is a wealth of promising new approaches to improving land governance through innovative technologies, country-wide policy dialogue, and legal and administrative reforms. The publication is based on an on-going partnership between the World Bank, the International Federation of Surveyors, the Global Land Tool Network and the United Nations Food and Agriculture Organization provide tools that can help to address land governance in practice and at scale. It is our hope that this volume will be of use to increase awareness of and support to the successful implementation of innovative approaches that can help to not only improve land governance, but also thereby contribute to the well-being of the poorest and the achievement of the Millennium Development Goals.
Local case studies in African land law
Author | : Robert Home |
Publisher | : PULP |
Total Pages | : 218 |
Release | : 2011 |
Genre | : Law in general. Comparative and uniform law. Jurisprudence |
ISBN | : 1920538011 |
Knowledge for Justice
Author | : Tor Halvorsen |
Publisher | : African Books Collective |
Total Pages | : 250 |
Release | : 2017-11-28 |
Genre | : Business & Economics |
ISBN | : 1928331645 |
With the adoption of the United Nations Sustainable Development Goals (SDGs) and the Paris Agreement, the purpose of development is being redefined in both social and environmental terms. Despite pushback from conservative forces, change is accelerating in many sectors. To drive this transformation in ways that bring about social, environmental and economic justice at a local, national, regional and global levels, new knowledge and strong cross-regional networks capable of foregrounding different realities, needs and agendas will be essential. In fact, the power of knowledge matters today in ways that humanity has probably never experienced before, placing an emphasis on the roles of research, academics and universities. In this collection, an international diverse collection of scholars from the southern African and Nordic regions critically review the SDGs in relation to their own areas of expertise, while placing the process of knowledge production in the spotlight. In Part I, the contributors provide a sober assessment of the obstacles that neo-liberal hegemony presents to substantive transformation. In Part Two, lessons learned from NorthSouth research collaborations and academic exchanges are assessed in terms of their potential to offer real alternatives. In Part III, a set of case studies supply clear and nuanced analyses of the scale of the challenges faced in ensuring that no one is left behind. This accessible and absorbing collection will be of interest to anyone interested in NorthSouth research networks and in the contemporary debates on the role of knowledge production. The Southern AfricanNordic Centre (SANORD) is a network of higher education institutions that stretches across Denmark, Finland, Iceland, Norway, Sweden, Botswana, Namibia, Malawi, South Africa, Zambia and Zimbabwe. Universities in the southern African and Nordic regions that are not yet members are encouraged to join.
“Land is Life, Conservancy is Life.”
Author | : Ccameron Welch |
Publisher | : BASLER AFRIKA BIBLIOGRAPHIEN |
Total Pages | : 291 |
Release | : 2018-08-02 |
Genre | : Nature |
ISBN | : 3906927024 |
Community-based natural resource management or CBNRM, with its attention to community participation, its call for de-centralization of rights to local resource users through democratic and equitable structures, and its potential to deliver benefits to local livelihoods and national conservation interests now forms the predominant strategy for rural development in the communal areas of Namibia. This framework is presumed by the Namibian government and international bodies concerned with conservation and development to deliver measurable and positive economic, environmental, and political results for the State and all of its citizens. CBNRM has taken on particular form and significance for the San in Namibia. Focusing on the experiences of a group of predominantly San communities in the North-East of Namibia, the historical and contemporary situations of the San of the N‡a Jaqna Conservancy and their engagement with CBNRM are examined. In looking to the future, this work seeks to understand what mechanisms and institutions give indigenous groups, such as the San, a foothold in the State and an avenue through which to navigate and shape their own modernity(ies). This work explores the modalities through which conservation comes together with interests of indigenous groups and how these groups deploy leverage gained through invoking conservation as discourse and practice.
Securing Land Rights
Author | : Romie Nghitevelekwa |
Publisher | : African Books Collective |
Total Pages | : 336 |
Release | : 2020-12-31 |
Genre | : Law |
ISBN | : 9991642641 |
Securing land rights takes up themes at the centre of socio-political debates throughout the African continent. These relate to national struggles over access to land, land distribution, land rights and security of tenure. Land in much of rural Africa is communally held, a system that provides security of livelihood and a social safety net, but is not immune to appropriation by government or injustices such as the eviction of women from the land on the death of their husbands. This book contextualises Namibia within these debates, highlighting the country's stance in relation to communal land tenure reforms with a focus on the realities of people's lives in north-central Namibia. Leading questions centre on competing ways of ascribing value to land; mechanisms and monetisation of access to land; commercialisation of land use, de-agrarianization and ongoing transformation underpinned by economic and territorial restructuring. These processes have direct impacts on equity in access to land and land distribution, and engender competing visions of land rights. Communal land reform is an uneasy compromise between different processes and interests.
Communal Farmers' Natural Resource Use and Biodiversity Preservation
Author | : Thomas Falk |
Publisher | : Cuvillier Verlag |
Total Pages | : 331 |
Release | : 2008 |
Genre | : |
ISBN | : 3867276927 |
Land, Law and Politics in Africa
Author | : Jon Abbink |
Publisher | : BRILL |
Total Pages | : 396 |
Release | : 2011-11-18 |
Genre | : Social Science |
ISBN | : 9004218068 |
This volume presents a wide selection of studies on the issues of law, land dispute and conflict (mediation) in Africa, reconsidering the role of state agents and other actors in these matters. The focus is on analyzing how citizens, state institutions and concerned (inter)national actors aim to find solutions to disputes, tension and conflict that are part of social life. The authors have approached the subject of Land, Law and Politics in Africa from a variety of disciplinary angles. The issues at stake comprise land access and land use, state politics and democratization efforts, the relationship between constitutional/state law and customary law, the challenges of urban and rural conflicts, border issues and the conceptions of (human) rights. On the basis of new empirical studies, the authors plead for a more holistic perspective on the above issues and on developmental policy in general. The book has 15 chapters in four thematic parts, focusing on historical and cultural aspects of politics and authority; land law and land disputes; constitutionalism and politics; and conflict studies. The volume is also a tribute to the work of Gerti Hesseling (1946-2009), a Dutch Africanist with a successful career as a scholar of constitutional and land law, focusing on West Africa.
Land Tenure and Rural Development
Author | : Food and Agriculture Organization of the United Nations |
Publisher | : FAO |
Total Pages | : 62 |
Release | : 2002 |
Genre | : Business & Economics |
ISBN | : |
This publication deals with key issues in land tenure, especially as they relate to food insecurity and rural development situations. Land tenure issues are frequently ignored in rural development interventions, with often long-lasting, negative results. This guide is designed to assist technical officers in governments and civil society in understanding why and how land tenure issues should be considered in rural development projects. It analyses important contexts such as environmental degradation, gender discrimination, and conflicts, where land tenure is currently of critical concern.