Botswana Land Policy Review

1.0 Background

1.1 The Botswana Land Policy was approved by Parliament in July 2015. The overall goal of the policy is to promote and protect land rights of all landholders and promote sustainable human settlement. This goal called for improvement in the land administration and management from a system, environmental and economic perspective while conserving and protecting the resource for future generations. The policy sought to: • Guide land operations for sustainable human settlement, land utilization and socioeconomic development; • Promote access, equity, efficiency, land rights security and transparency in our land administration processes in a predictable, consistent, reliable and timeous manner; and importantly • Be responsive to emerging opportunities and dynamics of land use planning and development in the country, but still promoting compqtible and best use of land and other land resources. 1.2 ln implementation of the policy, concerns were raised around the implications of some policy pronouncements. Most of the apprehensions were centered on access to land. On the one hand, the concerned advocated for unlimited access to land while on the other hand, Government sought to manage access by prescribing the maximum number of plots that an individual could be allocated directly by Land Authorities. Consultations were subsequently carried out and Cabinet direction sought in an attempt to address the issues raised.

1.3 Upon assumption of office by His Excellency, one of his key priority areas was efficient land utilization to facilitate efficient utilization of land to gain optimal economic value. Rigid application of change of land use regulations and standards was identified as one of the restrictions in beneficial land utilization. There has been growing demand mainly from individuais and companies to change portions of their commercial agricultura! Vision: Sustainable Human Settlements MISSION: . MANAGEMENT OF LAND AND . - WA TER RESOURCES FOR SOC/0-ECONOMI� lJEVELOPMENT Bornvà _,...,'t""'_.0: J 2 farms, ploughing fields and residential plots to some other uses compatiblé or incidental to the primary use to enhance efficiency in land utilization. Change of land use is governed by various instruments that are used for consideration of planning permission and have over the years proven to curtail the much needed optimal economic value from already allocated land. His Excellency, therefore, prompted the relaxation of those instruments that hindered the ease of doing business in the country.

2.0 Policy Amendments The identified issues and His Excellency's initiatives necessitated the review of some policy pronouncements, remova! of some paragraphs and introduction of a new paragraph, as per Table 1. -- Ta ble 1: Amen ded Por cv- Paraoral'l - hs NO. POLICY PRONOUNCEMENT ISSUE AMENDMENT u, 58(i) 'Every Motswana wil/ be eligible for a//ocation of Restricts allocation of only one 'Each Motswana wi/1 be .e residential plot at an area of their choice within residential plot per person. e/ígib/e for allocation of one e. the country� residential plot at an area of ta 1., their choice within the e\ country, on both State land ta 1., and Tribal !and. ' ta 58(ii) 'One is deemed to be a//ocated a plot if they Restricts allocation of only one That paragraph 58(ii) be o. have a lawfully acquired p/ot registered in their residential plot per person. removed from the Policy. name� ' 58(iii) 'Once a person has a residentia/ plot registered Restricts allocation of only one That paragraph 58 (iii) be l)'Ín their names, they wi/1 not be e/igible for residential plot per person. removed from the Policy. , v I j .) - - 'ra!!ocation of another residential p/ot� .....\ I �/ �9(iv)' '.4 person wi/1 not be a/lowed to alienate their last The paragraph is ultra vires That paragraph 68 (iv) be � residential plot acquired direct/y from the Land Section 38 of the Tribal Land removed from the Policy. > Authorities� Act and is therefore unlawful. ·-- u 72(iii) 'Since one spouse can apply for a plot, the An application for land does not That paragraph 72 (iii,) be o surviving spouse must as of right inherit their create anything tangible that removed from the Policy. o. land aoo/ication� can be inherited or oassed on Vision: Sustainable Human Settlements --�--.. ,.... MISSION: MANAGEMENT OF LAND AND WATER RESOURCES FOR SOCIO-ECONOMI� f!EVELOPMENT BOTSv\A\M: 3 at death as one can apply for a plot in one's personal capacity without reference to marital status. 60(v) "Ploughing fields (Masimo) on fertile land wi/1 be Restricts efficient land ''National Agricultura! protected through zoning. Once zoned, change utilization and inhibits ease of Production Zones on fertíle of /and use wi/1 not be allowed', doing business. !and wi/1 be protected through zoning. Once zoned, change of land use wi/1 not be a!lowed. However, 15% of the land area wi/1 be al!owed for ancillary use. Any amount beyond that sha/1 require the Minister's consent. 'Title holders wi/1 not be allowed to change Restricts efficient land That paragraph 77(ii) be agricultura! land holdings in tribal land to non­ utilization and inhibits ease of I removed from the Policy. 77(ii) agricu!tural deve!opments'. doinq business. 78(viii) "Ploughíng fields (Masimo) on ferti!e land wi/1 be Restricts efficient land ''National Agricultura! protected through zoníng v1nd gazettement. Once utilization and inhibits ease of Production Zones on fertile gazetted as such, change of land use wi/1 not be doing business. !and wi/1 be protected al/owed'. through zoning and Gazzettement. Once gazetted as such, change of land use wi/1 not be allowed� However, 15% of the /and wi/1 be al!owed for ancíl!ary use. Any amount beyond that sha/1 require the Minister's consent Vision: Sustainable Human Settlements . --:- - MISS!ON: MANAGEMENT OF LAND AND WA TER RESOURCES FOR SOC/0-ECONOMUi IJEVELOPMENT BOTS\\;O; J