A study of the rights to developments on communal land and the effects that legislation has on such property

Abstract

Abstract provided by author

Property rights on communal land in Namibia are governed by customary law. Buildings as immovable property, especially those constructed on communal land cannot be said to be governed strictly by customary or statutory law alone. This paper is a comparative case study of the legal rules governing immovable property on communal land. It is aimed at unraveling the customary laws that exist or that is non-existent on constructions on communal land. Whether or not the legislature has overlooked the customary law in respect of rights to constructions or permanent fixtures as a form of immovable property is another aspect that will be looked at

As a former colony, Namibia has adopted various laws at independence that have played a great role in shaping the current legislation that are in place and that are currently regulating the areas known as communal lands. Land classification and the land tenure system as concepts which explain the manner in which land is currently used, and that determine which rights accrue to persons will discussed. The paper also looks at some of the ideologies that formed the basis upon which some of these legislative mechanisms which currently regulate these lands and asses their consistencies in respect of the constitution.