The Namibian government's compensation policy on occupiers of communal land and its implication in the context of Administrative Law

Abstract

Abstract provided by author

The idea of the study came as a result of various complaints and growing discontents by a large number of communities affected by relocation programme of local authorities under the Government of the Namibia's Compensation Policy

After Namibia's independence in 1990, local authority legislation[1] was enacted as provided for in the Constitution. Local Authorities have been declared in the communal land areas and that necessitated requests to occupiers of such areas to relocate to other parts of the country where they can continue with their livelihoods especially those who could not afford to live within the local authority areas. The relocation process brought many challenges to both relocated communities and local authorities. As a result of relocation burden, the Government of the Republic of Namibia has formulated and has started implementing the compensation policy to ease the burden

The compensation rates offered in the policy did not meet the expectations of most affected communities, and that prompted complains and discontent of the relocated communities. Many Namibians who settled within the boundaries of towns and occupied land acquired through the traditional leaders have refused to move to other areas without been fairly compensated in one way or the other

The Traditional Authorities Act, 2000 and Communal Land Act, 2002 regulate the functions of the traditional authorities, thereby recognizing and protecting the customary land rights. Communal land is vested in trust by the government for the benefits of traditional communities. The trust status cannot be changed without consultation with the beneficiaries. Therefore the government cannot alienate communal land without considering the beneficiaries' benefits. The compensation policy is meant to address the benefits of the occupiers of communal land, but it is drafted and implemented without informed decisions. Local authorities are public bodies clothed with public power. Their decisions affecting rights of people should be taken with due compliance with provisions of article 18 of the Namibian Constitution. Therefore the compensation policy guidelines drafted without proper consultations and implementation might not satisfy the principles of natural justice as contemplated under article 18 of Namibian Constitution.