Let us work together and respect the law

John Arnold (Jnr) writes:The !Kung Traditional Authority would like to respond to media articles in the Namibian Sun dated 24 November 2016 and Republikein dated 25 November 2016.The !Kung Traditional Authority is not supporting the illegal occupation of communal land and is also concerned about the impact of the management and use of natural resources for the benefit of current and future generations. That is why the N#a Jagna Conservancy was established by the !Kung Traditional Authority in accordance with the provisions of the Nature Conservation Ordinance 4 of 1975 and the Nature Conservation Amendment Act, No 5 of 1996, for the sustainable management of consumptive and none-consumptive use and sustainable management of game for the benefit of the community through the conservancy committee. The Minister said in the article that some individuals had illegally settled in the conservancy area without permission from relevant authorities such as the Otjozondjupa Communal Land Board and the Ministry of Land Reform. It should be clarified that neither the Communal Land Board nor the Ministry of Land Reform have jurisdiction to grant permission for customary land rights.Chiefs of Traditional Authorities are empowered by the Namibian Government through the Communal Land Reform Act 5 of 2002 to grant permission for legal occupation of communal land for customary land rights. Communal land boards in terms of the Act have the duty to ratify customary land right applications permitted by Chiefs of traditional authorities, in accordance with the Act.Section 43 of the Communal Land Reform Act gives the power to a Chief or a Traditional Authority or the board concerned to institute legal action for the eviction of any person who occupies communal land illegally. However, a traditional authority having powers of investigation should have the first priority to conduct transparent and impartial investigations in collaboration with the land board and the conservancy, to prove the alleged illegal occupation, before instituting legal action.In doing so the fundamental freedoms of those who legally occupy communal land guaranteed under Article 21 of the Namibian Constitution will also be protected.Once again it is a question of working together and recognizing the statutory mandates of the authorities involved without contradicting the laws.

Let us work together and respect the law

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Republikein 2026-06-15

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Let us work together and respect the law

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Republikein 2026-06-15

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