NAMIBIA: Farmers accept expropriation must take place

[ This report does not necessarily reflect the views of the United Nations]

JOHANNESBURG, 15 Jul 2004 (IRIN) - The Namibia Agricultural Union (NAU) has said that it accepted that government expropriation of farms must take place.

Nineteen owners were recently served with government notices advising them that their land had been identified for expropriation and they should "come and negotiate the sale", said Jan de Wet, president of the NAU.

During a recent interview in the capital, Windhoek, De Wet told IRIN he remained "positive that we will reach consensus on how to manage land reform in Namibia", and sketched the background to land reform.

"In 1991, just after independence, a conference on land reform was held at which all stakeholders were present. The conference reached consensus on a number of issues. The very important thing was that the Bushmen were the first inhabitants of Namibia, and if you start land claims based on ancestral land you will never reach the end of the road. It was thus decided that there would be no claims on ancestral land," he explained.

The conference decided, however, that distribution was clearly unequal, and "must be addressed by government acquiring land in commercial farm areas for redistribution to disadvantaged communities".

A number of criteria were agreed for identifying land that government could acquire: "under-utilised land must be developed; farmers with excessive land must offer it to government on a willing-seller, willing-buyer basis; and land belonging to foreigners. It was also decided that if not enough land was offered [for sale to government], expropriation can be used as a method by government to obtain land [in] those three categories", De Wet noted.

Namibia's constitution provides for the expropriation of land in the public interest, as long as just compensation is paid.

"[Early] this year the Prime Minister said not enough suitable land was offered and government was going to expropriate in accordance with the Act on Commercial Farm Land and the constitution," De Wet said.

By and large Namibia's commercial farmers, and the NAU specifically, had "accepted that expropriation is going to take place. Our lines of communication to government remain open, which was one of the big problems in Zimbabwe - the bridges were broken," said De Wet, referring to Zimbabwe's controversial fast-track land reform programme.

As some of the owners who had received expropriation notices were members of the NAU, the organisation requested that the deadline for responding to government be extended.

"We asked government if we can discuss the situation regarding the grey areas not adequately defined - that is, what is in the public interest? What must be taken into consideration to determine public interest, on which there are various legal views," he said.

Another "grey area" is the issue of just compensation. "Is it market value plus inconvenience, loss of production etc?" asked De Wet.

The NAU appointed a team of specialists - an agri-economist, an experienced evaluator and a member "with legal knowledge" - to compile a report on these issues, which has since been submitted to the Minister of Lands and Resettlement, Hifikipunye Pohamba.

"We've tried to address the grey areas and requested a round-table to get consensus on the criteria used to select owners who would be invited to offer farms, how just compensation is to be determined and how the negotiating process is going to take place. As far as the 19 [owners who received notices], we regard that now as sub-judice until the minister decides on the process. We wait on the minister," he said.

POSITIVE CONSENSUS WILL BE REACHED

De Wet remains positive that the NAU and the government will reach consensus on conducting expropriation.

"Why? Because in compiling our constitution after the struggle for democracy, the government's approach was that of reconciliation. All parties in the National Assembly sat and [drafted] our national constitution. The same government is still in power, and it's very clear to me ... that land reform will be done in accordance with the Act and constitution," he commented.

"The minister [Pohamba] received the NAU's document and came back and said, after they have studied the document they will arrange a meeting with us. Based on this I am very positive that we will reach consensus."

There are about 6,000 "viable" commercial farm units in Namibia, the majority of which are livestock farms and may be unsuited to the resettlement of landless Namibians.

"The main thing, I think, is that we're agreed that land reform must be politically sustainable, economically sustainable, socially sustainable, and resource sustainable - given that land and water are limiting factors, we must use them very strategically and wisely," De Wet remarked.

He realised that "there's also a [lot of] political pressure" around land reform. "At this stage in Namibia, with elections coming [in November], there's a political aspect [to consider] and this is of great importance. We must take that into account."

After the elections, once the new president and members of parliament have been sworn in, "then the economic, social and resource sustainability [of land reform] will become more important" than the immediate political pressures, De Wet observed.

"Because in the next five years, the new president and ministers will have to address not the political needs of the nation, but their need for food and a decent life," he concluded.

[ENDS]