National Policy on Subdivision and Consolidation of Agricultural Land

MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 National Policy on SubDivision and Consolidation of Agricultural Land March, 2018 REPUBLIC OF NAMIBIA MINISTRY OF AGRICULTURE, WATER & FORESTRY MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 Table of Contents Foreword......... ................................................................................................................................................i Executive Summary ......................................................................................................................................ii Acronyms and Abbreviations ......................................................................................................................iii Glossary of Concepts, Terms, and Jargons ...............................................................................................v 1. Introduction ............................................................................................................................................1 2. Background ............................................................................................................................................1 3. Rationale .................................................................................................................................................2 4. Alignment ................................................................................................................................................2 5. Guiding Principles ..................................................................................................................................3 6. Policy Direction ......................................................................................................................................4 Vision .......................................................................................................................................................4 Mission .....................................................................................................................................................4 Goal .........................................................................................................................................................4 7. Objectives ...............................................................................................................................................4 8. Policy Statement ....................................................................................................................................5 9. Strategies ................................................................................................................................................5 Setting a Minimum Size of Agricultural Land Units ..................................................................................5 Restriction on Subdivision of Agricultural Land ........................................................................................6 Consolidation of Agricultural Land Units ..................................................................................................6 Evaluation of Agricultural Land Productivity .............................................................................................6 Prevention of high potential soils for the use of non-agricultural activities ..............................................7 10. Implementation Framework...................................................................................................................7 Roles of stakeholders ..............................................................................................................................7 The Ministry of Agriculture, Water and Forestry (MAWF) .........................................................................7 Ministry of Mines and Energy (MME) .......................................................................................................7 Ministry of Environment and Tourism (MET) ............................................................................................7 Ministry of Land Reform (MLR) ................................................................................................................7 Ministry of Urban and Rural Development (MURD) .................................................................................8 Regional Councils and Local Authorities...................................................................................................8 Legal and Regulatory Arrangements .......................................................................................................8 Resource Mobilisation..............................................................................................................................8 Implementation and Revision...................................................................................................................8 11. Monitoring and Evaluation Mechanism ................................................................................................8 Communication Strategy..........................................................................................................................8 12. Conclusion ..............................................................................................................................................9 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 Foreword At least, seventy percent (70%) of Namibians depend on agriculture for their livelihoods in terms of food, income and employment. Among the sensitive and complicated issues Namibia strives to solve since independence is the land question. Expropriation of land without compensation, and unfair acquisition of land, characterised the pre- independence history of Namibia. Such expropriation facilitated the concentration of large tracks of fertile land in the hands of a small section of the population. The circumstances, under which land ownership passed from one social group to another or from community to private individuals, have further complicated matters. During the said colonial era, the indigenous Namibians were forced into communal areas or the so called homelands (Bantustans), which are predominantly marginal and poor for agricultural production. It therefore follows that agricultural land, remains the most important resource. In the past, restricted access to land by the colonial regime excluded many Namibians from the mainstream economy. The skewed distribution of land was one of the major reasons Namibians waged the War for independence. After independence, the price of land increased tremendously due to a very high demand and limited supply of available land. The philosophy behind the National Policy on Subdivision and Consolidation of Agricultural Land is aiming at redressing, in the spirit of national reconciliation and nation building, the challenge of subdivision and consolidation of agricultural land in order to promote sustainable economic development. The high prices of land affected mainly urban and title deed or freehold agricultural land, where land is privately owned. The land owners in these two land tenure systems have the right to sell, provided they first offer it to Government. The quest to meet the demand for land, led to subdivision of freehold agricultural land into smaller units. Due to Namibia’s harsh climatic conditions, the smaller land units are not necessarily economically viable for agricultural enterprises. Furthermore, subdivision of agricultural land also resulted in land speculation for non-agricultural activities, a situation which is a threat to national food and nutrition security and indeed to the agricultural sector itself. It is worth noting that Namibia is the driest country south of Sub Sahara Africa and that the most productive agricultural land in Namibia lies between two deserts, namely; the Namib Desert in the west and the semi-arid Kalahari Desert in the east. The total available land in Namibia will always remain the same and very fragile. Thus, unsustainable utilization and/or over exploitation of agricultural land will undoubtedly lead to the expansion of the deserts. Taking into account the increasing Namibian population and the growing demand for food, it is imperative that a clear Policy framework is put in place. This Policy will guide the process of subdivision of agricultural land in the title deed or free hold farming areas of Namibia. This Policy will not only control the subdivision and unilateral change of agricultural land use, but also redress the social and economic injustices inherited from the colonial past and put Namibia in a favourable position to prevent an irreversible damage to her most valuable heritage. Hon. John Mutorwa, MP Minister i MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018ii Executive Summary A conducive policy and legal framework aid in coordinated decision making, interventions and sustainable use of natural resources. Namibian agro-ecological conditions translate into finite arable land that can sustain growth. Whilst there is no agreement on what amounts to an economic unit of agricultural land, it is an undisputable fact that the productive capacity of agrarian land in Namibia has been severely diminished as a result of land degradation to which bush encroachment and small land use are the major contributors. Historically, land ownership is skewed and this has resulted in a binary economic system of commercial agricultural production and subsistence farming aggravated by past policies and laws. Legal control over subdivision of agricultural land is confined to freehold farming areas to the exclusion of communal farming areas. No statutory laws allow fencing or subdivision of agricultural land in communal farming areas of Namibia. Post-independence policies and laws endeavour to advance prosperity, dignity and improved human living standards while protecting vital natural ecosystems and resources through sustainable utilisation. Thus the policies promote coordination of land use planning, land administration, land development as well as environmental protection in an effort to guarantee environmental and economic stability. This makes sustainable natural resource management, in the pursuit of agricultural production, a cornerstone for legal instruments needed to govern agricultural land. Land based primary production remains the mainstay for the majority of Namibians. This translates into an insatiable demand for agricultural land while available land for viable agricultural production remains constant. Sustainable use of agricultural land and associated resources is essential to ensure that the fragile natural Namibian rangelands are conserved, the productive capacity of agricultural land is not irreversibly diminished and their agro-ecological resilience is maintained. It is difficult to determine the size of agricultural land unit that will ensure viability of productions due to the varying characteristics of the landscape and climatic trends. Livestock production represents the most appropriate land use type, suited to the natural agro-ecological and climatic conditions in Namibia. Therefore, agricultural land unit sizes will be based on the most critical agricultural enterprise which is extensive livestock production within the confines of the potential land carrying capacity under natural conditions. Alternative agricultural land use types such as aquaculture and horticulture will be considered in allocating smaller agricultural land size in exceptional situations, e.g. suitable soils, reliable or permanent water source and supportive infrastructure. The assessment of agricultural land productivity for the purpose of subdivision would be based on the parameters such as soil quality, bush encroachment, rainfall pattern, topography, natural vegetation, size of the land, land degradation and type of land use. Therefore, subdivision of agricultural land into units, which results into insufficient size to accommodate all possible agricultural land use types, be it as a means of bequeathing inheritance among named beneficiaries in testamentary disposition, intestate succession, dividing shares among shareholders or claimants will not be permitted unless written consent has been obtained from the Minister responsible for Agriculture. The policy and legal framework with regard to subdivision and consolidation agricultural land will be implemented through clearly delineated institutional roles and responsibilities of stakeholders. Mr. Percy W. Misika Permanent Secretary MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 iii Acronyms and Abbreviations ADC African Drought Conference AEZ Agro-ecological Zones AgriBANK Agricultural Bank of Namibia ASEP Annual Sectoral Execution Plans CBD Convention on Biological Diversity CBNRM Community Based Natural Resource Management CLB Communal Land Boards CLRA Communal Land Reform Act COP Conference of Parties DAPEES Directorate of Agricultural Production, Extension and Engineering Services DARD Directorate of Agricultural Research and Development DLR Directorate of Land Reform DRAPA Drought Resilient and Prepared Africa FAO Food and Agricultural Organization of the United Nations FURS Farm Unit Resettlement Scheme GRN Government Republic of Namibia IMSCLUP Inter-ministerial Standing Committee on Land Use Planning LADF Land Acquisition and Development Fund LaRRI Labour Resource and Research Institute LSU Large Stock Unit LUEBs Land Use and Environmental Boards MAWF Ministry of Agriculture, Water and Forestry MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 MLR Ministry of Land Reform MoF Ministry of Finance MITSD Ministry of Industrialization, Trade and SME Development Trade and Industry MURD Ministry of Urban and Rural Development NAU Namibia Agricultural Union NDP National Development Plan NGO Nongovernmental Organisation NLP National Land Policy NPC National Planning Commission NRP National Resettlement Policy RSA Republic of South Africa TAs Traditional Authorities TRCA Tenure Reform in Communal Areas SEP Sectoral Execution Plan SOE State –owned Enterprises SSCF Small Scale Commercial Farm SSCFU Small Scale Commercial Farms Units SSU Small Stock units UCCB University Central Consultancy Bureau UNAM University of Namibia UNEP United Nations Environment Programme UNCCD United Nations Convention to Combat Desertification UNDP United Nations Development Program iv MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 v Glossary of Concepts, Terms, and Jargons For the purposes of this policy, the following terms shall be interpreted as follows: Agriculture: land based production activities based on deliberate manipulation and harnessing of natural elements to grow plants and rear animals for human benefit on a subsistence and commercial basis ranging from the cultivation of land for the purpose of producing crops inclusive of horticulture, growing fruits and seed multiplication to livestock farming encompassing meat and dairy production as well as breeding. Agricultural land: any land other than proclaimed municipal or town lands in an area of jurisdiction of a municipal council, city council, town council, village council, regional growth point, a settlement or land on which a township is established or protected areas including national parks, wildlife sanctuaries and forestry reserves. Agricultural land does not include an area in which mining, mineral or prospecting rights are granted and held by mining or prospecting companies. Biological diversity: differences and variations among and within all living terrestrial organisms at genetic, species and ecosystems level comprising the complex ecological interactions and feedbacks of which they are part. Carrying capacity: Potential of an area to support livestock through grazing and/or browsing and/or fodder production over an extended number of years without deterioration to the overall ecosystem. It is expressed in ha/LSU and/or ha/SSU and/or kg animal biomass/ha Consolidation: prospect to enlarge successful and profitable agricultural enterprises by means of mergers that expand the total agricultural land available for such enterprises or management system either by buying adjoining land from struggling landowners or combining adjacent agricultural land units under joint management by neighbouring landowners. Decent living standard: level of wealth, comfort, material goods and necessities available to the socioeconomic class of farmers or agricultural practitioners in a given agro-ecological zone, depending on individual lifestyles, derived from an agricultural land unit capable of generating reasonable income to the agricultural enterprise. It is based on income, quality, affordability of goods and services and environmental quality. Economic viability: ability of an agricultural land unit area to consistently produce profitably or marginally above breakeven point within the realm of inherent natural climatic variability and sustain farming operations and afford owners a reasonable living standard without adversely affecting natural resources, land productive capacity and ecological resilience. Fragmentation: the subdivision of agricultural land or a single farm into numerous spatially separated land parcels among a number of landowners and/or tenants using a given piece of land. In Namibian context and for purposes of this policy, fragmentation does not include the possession of non-contiguous land plots scattered over a wide area. MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 Integration: combined and coordinated organisation of separate and diverse elements of policy, legislation and strategy in the complex planning, management, allocation and administration of agricultural land into a complete, coherent and harmonious whole for them to effectively, efficiently and smoothly work together. Land capability classification: the grouping of soil types into special units, classes and subclasses according to their capability and limitations for intensive use and the treatments required for sustained use. Land degradation: the reduction or loss of the biological or economic productivity and complexity of rainfed cropland, irrigated cropland or rangeland, pasture, forest and woodlands resulting from land uses or from a process or combination of processes arising from human activities. Land use planning: the process by which decisions are made on future land uses over extended periods of time deemed to best serve the general public welfare. This process includes evaluating the status, potential and limitation of the land and its resources, and interacting with the populations associated and/or concerned with the area of interest to determine their needs, wants and aspirations for the future. Reasonable income: income exclusively derived from an agricultural land unit that enables agricultural or agronomic entrepreneurs or farmers to effortlessly meet the expenses of production, reinvest in the land and draw annual profits on par with or above national minimum wage when averaged over cyclic drought or above-average rainy seasons. Soil quality: the value placed on a soil with respect to its fitness for a specific use; categorization of the fitness of a soil for a certain use based on ecological aspects, such as soil functions, that involve evaluating the capacity of a soil to function within specific ecosystem boundaries. Subdivision: fragmentation of agricultural land into small parcels of allotments owned, leased or managed by different individual farmers/families/households through the erection of physical fence boundaries acting as a hindrance to common management of agricultural land units or consolidation of rangeland, pastureland or irrigation plots. Sustainable use: utilisation of land and related natural resources in a manner and at a rate that result in long-term decline of the productive capacity of agricultural land, thus retaining the land’s ability to provide for the needs and aspirations of generations at present and in the future. vi MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 1. Introduction A harmonious non-contradictory policy and legal framework is imperative not only for coherence and complementarity of coordinated decision making, strategic interventions and the implementation of program initiatives within and across sectors, but also for a judicious sustainable exploitation and management of the natural resource base including land. With Article 95 of the Namibian Constitution laying the foundation for sustainable utilization of both biotic and abiotic natural resources in the country to the benefit of citizens in current and future generations while maintaining the biological diversity, ecosystems and associated ecological processes, there is an obligation for all policies, laws and practices relating to land and natural resource use to not only enable but actively impel the realisation of constitutional principles. Sufficiently expansive land area to sustain viable agricultural enterprises, economically robust productions and socially sustainable livelihoods that do not endanger species diversity or unhinge the ecological balance is intrinsically limited in Namibia. This agro-ecological reality arises from the scarcity of arable land, adequately fertile soils and sufficiently reliable water supply owing to the fact that the country is effectively wedged between two deserts, being the hyper-arid Namib Desert to the west and the semi-arid Kalahari Desert to the east. This puts accessibility of economical land units at a premium. Superimposed on this aridity defined agro-ecological drawback is an inherently low yet inconsistent, unpredictable and thus unreliable rainfall pattern characterised by frequently recurrent droughts which tends to be more prolonged as a result of climate change. Aridity with inherent spatio-temporal precipitation variability and concomitantly recurrent droughts are common features of the country’s climate and ecology. The situation is further worsened by a generally diminished land productivity and capacity resulting from extensive bush infestation, land degradation soil erosion, alkalinisation, salinization and soil exhaustion within the arable agricultural land areas across the country. Lack of coherent policy and legal instruments to reliably and objectively direct the subdivision of agricultural land, mainly in the freehold areas. The land under communal and resettlement farming areas belongs to the State and is not covered under this Policy. This State land can only be subdivided or demarcated by the State if necessary. 2. Background The original agricultural land sizes as surveyed and subdivided into established into freeholds farms across Namibia may have been based on the degree of approximation of economic viability in the different parts. The prevailing negative factors such as bush encroachment and erratic rainfall pattern have contributed to the diminishing productivity of land units. Therefore, further reduction of subdivision of existing freehold units will worsen the situation. Furthermore, the demand for agricultural land is very high, because majority of the Namibian are directly or indirectly depended on Agriculture. Moreover, low level of industrialization with limited capacity to absorb increasing numbers of our growing population also force people to rely on unproductive subsistence agricultural activities. This invariably translates into an ever growing and insatiable demand for agricultural land while the fact that land is an inelastic resource dictates that the physical spatial extent of available land for viable agricultural production does not expand but possibly declines gradually due to overexploitation, land degradation, leaching and soil exhaustion. 1 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 Land size remains static which leads to gradual decline in productivity due to over exploitation and land degradation. Furthermore, small agricultural land units require farmers to be highly skilled in order to use the land economically and sustainably. However, with high cost of living, it has become almost uneconomical to make a decent living on a small agricultural land unit. It is very difficult to determine the size of agricultural land unit that will ensure viability of productions in economic, ecological and socially sustainable terms. Soil is an important natural resource when considering land production potential. Reliable data on soil quality parameters covering the entire agricultural land in the country is imperative for informed determination of land productive capability and suitability for given agricultural practises. Sustainable use of agricultural land and associated resources is essential to ensure that natural Namibian rangelands which are fragile are conserved, the productive capacity of agricultural land is not irreversibly diminished and their agro-ecological resilience is maintained An absence of a coherent and complimentary legal framework on agricultural land combined with multiple sectoral policies and laws that are incompatible lead to complicated land management and administration system. The resultant outcome is the fragmentation of agricultural land into undersized allotments, collapse of land administration mechanisms, contested or insecure land tenure, deteriorating quality and productive capacity of land, poverty and ultimately abandonment of agricultural land. Subdivision of agricultural land poses a major threat to food security. Partitioning of agricultural land may further translate into substantial loss of revenue for the state and the national economy. 3. Rationale Given the above situation, the rationale of this policy is to serve as frame work that safeguards the sustainable existence of agriculture for current and future generation in Namibia. Therefore, the ultimate aim is to prevent unrestricted continual physical subdivision, illegal fencing, that lead to the reduction in size of agricultural land into small ecologically and economically non-viable farming units. Such subdivision undermines the capacity of agricultural land users to sustainably derive decent living standards from agricultural land and contribute meaningfully to the national economy while preserving natural resources in Namibia. 4. Alignment This Policy is aligned to the Namibian Constitution, particularly Article 98 which clearly provides for “the economic order based on the principles of a mixed economy with the objective of securing economic growth, prosperity and a life of human dignity”. On the other hand, Article 95 calls for “the maintenance of the ecosystems, essential ecological processes and biological diversity of Namibia as well as utilization of living natural resource on a sustainable basis for the benefit of all Namibians both the present and the future”. Article 18 of the Constitution further provides for the entitlement of every person to administrative action that is lawful, reasonable and fair. 2 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 Namibia’s Vision 2030 which serves as a policy framework for long term national development advocates for prosperity, harmony, peace and political stability. One of the mechanisms to attain this national objective is through equitable distribution of land including land for agricultural purposes. Chapter 5 of Vision 2030, titled sustainable resource base, exclusively articulate and comprehensively highlights the need to promote the sustainable, equitable and efficient use of natural resources, in order to maximize Namibia’s comparative advantage and reduce inappropriate use of natural resources. The agriculture sector has aligned itself to these high level statement and is committed to make significant contributions to the overall goal of Vision 2030, five years National Development Plans (NDPs) and the Harambee Prosperity Plan. This Policy is also aligned to the Namibia Agriculture Policy, National Rangeland Policy and Strategy and the SADC regional Policy on land and related issues. The Policy acknowledge the importance of appropriate and equitable utilisation of land to contribute to household and national food security while restoring, improving and maintain the productive capacity of land which is deemed critical in achieving Vision 2030. 5. Guiding Principles This National Policy on Consolidation and Subdivision of Agricultural Land is therefore guided by the following underlying principles: a. Upholding and maintaining the welfare of the people by raising and maintaining an acceptable level of nutrition and standard of living b. Increase food security through commercialisation of agricultural productions to contributing towards poverty eradication and vulnerability. c. Maintaining the quality, productivity and resilience of agricultural lands through the conservation of biodiversity and maintenance of ecosystems d. Improved natural resource conservation, management and sustainable utilisation e. Enhanced sustainable agricultural production contributing increased volumes of products and values of agricultural exports f. Increased agriculture sector contribution to high and sustained economic growth, employment creation, increased income equality and industrial development g. Incentivising agricultural entrepreneurship to enable committed and capable small scale farmers to graduate towards becoming commercial producers h. Harmonisation of sector policies and legislations governing the utilisation, management and administration of agricultural land in the country through effective policy and legislation enforcement 3 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 6. Policy Direction Vision To have a judiciously and safely utilised, managed and sustained economically viable agricultural land. Mission To guide, prevent and eliminate the fragmentation of agricultural lands into degraded unproductive land units unable to sustain rural livelihoods, natural resource base, ecological systems and socio-economic growth. Goal To ensure agricultural land which is not fragmented that will lead to socio-economic, and ecologically sustainable land units; 7. Objectives The key objectives of the Policy are: a. To serve as an instrument for the conservation of natural rangelands b. To preserve and promote resilience of agricultural lands to natural climatic and manmade shocks such as recurrent and frequent droughts or overutilization by maintaining essential ecological processes and habitats c. To prevent agricultural land from diminishing into uneconomical and ecologically non-sustainable land units d. To prevent specific high potential soils to be utilized for non-agricultural purposes 4 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 8. Policy Statement This policy will ensure that: Subdivision of agricultural land is prevented; a. the advantages and benefits of land consolidation for agricultural entrepreneurs are promoted; b. overarching framework for harmonisation of legal instruments, development plans and strategic interventions related to the administration, management and utilisation of agricultural land is provided; c. coherence and complementarity of laws and administrative framework in pursuit of agricultural production systems contributing to economic growth and attainment of long-term development vision for the country is enabled; d. economically viable agricultural land units where the net income will ensure decent livelihoods and development on the farm is encouraged; and, e. sustainable management and preservation of pristine rangelands for increased biodiversity, optimal agricultural output and decent living standards for the people of Namibia is attained. 9. Strategies Setting a Minimum Size of Agricultural Land Units Due to the climatic conditions of the country, livestock production represents the most appropriate land use type, suited to the natural agro-ecological and climatic conditions in Namibia. The strategy is therefore to base minimum agricultural land unit sizes on the most critical agricultural enterprise which is extensive livestock production within the confines of the potential land carrying capacity under natural conditions. However, alternative agricultural land use types such as aquaculture and horticulture will be considered in allocating smaller agricultural land size in exceptional situations, e.g. suitable soils, reliable or permanent water source and supportive infrastructure. Basing planning on the agricultural production system requiring the largest size of land such as large scale cattle production would ensure that the land unit is sufficient to support any other agricultural enterprise. Thus, taking extensive livestock production as the most appropriate production system for determining an economic agricultural land unit, which ought to be of sufficient size to accommodate all possible agricultural land use types. This would ensure that should the land change hands and be turned into a new different or alternative agricultural production systems, the size of land will not be a limitation. The determination of sufficient land sizes shall be provided for in the law and regulations, on the basis of various agro-ecological zones of the country. 5 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 In order for this Policy to serve as a catalyst for the preservation of natural rangelands and rangeland ecosystems, physical partitioning of agricultural land into uneconomical land units will be prohibited and outlawed by an Act of Parliament. To this end, Subdivision of Agricultural Land Act, 1970 (Act No.70 of 1970) and Agricultural Land Act, 1981 (Act No. 5 of 1981, REHOBOTH) will be repealed and replaced with an amalgamated law, which will be applicable nationally. Restriction on Subdivision of Agricultural Land Any subdivision of agricultural land into units, which results into insufficient size to accommodate all possible agricultural land use types, be it as a means of bequeathing inheritance among named beneficiaries in testamentary disposition, intestate succession, dividing shares among shareholders or claimants will not be permitted unless written consent has been obtained from the Minister responsible for Agriculture. Government will enact legislation to discourage aggravating the problem of subdivision of agricultural land by placing restrictions on inheritance of individual agricultural land units and undivided shares in agricultural land by multiple beneficiaries. The restrictions under this Policy shall mean that agricultural land shall not be subdivided and no undivided shares in agricultural land that is not already held by any person shall vest in any person or legal entity, neither shall any part of undivided shares in agricultural land vest in any person or legal entity. Legislation will be enacted to prohibit any sale and leasing of a portion of agricultural land or undivided shares in agricultural land, whether surveyed or not, by any person. Any physical division of undivided shares by means of fencing or erection of any other physical boundary structures will be regarded as illegal and therefore strictly prohibited. Subdivision shall not be allowed irrespective whether to be used as collateral by applicant for financial assistance. Consolidation of Agricultural Land Units Namibia as a country needs to gradually move away from subdividing, agricultural land into small unproductive land units and work towards consolidation into economically viable land. Similarly, prior to this Policy coming into force, previously subdivided land which was uneconomical is encouraged through voluntary and gradual consolidation. Evaluation of Agricultural Land Productivity Evaluation of agricultural land productivity would be based on the following parameters such as soil quality, bush encroachment, rainfall pattern, topography, natural vegetation, size of the land, land degradation and type of land use Categorisation of agricultural land units into different land capability classes and delineation of potential soil will enable the exclusion of non-agricultural utilisation including urban development on high potential soils as well as the targeting of certain areas for intensive agricultural productions. Regular assessments of the productive potential of agricultural land in Namibia will be undertaken and maintained in an updated database. 6 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 Prevention of high potential soils for the use of non-agricultural activities Namibia is generally conceived to have limited fertile soils with high potential for agricultural production. In areas where such high potential soils occur with abundant water resources which render suitable for intensive agricultural production, need to be protected from being utilised for non-agricultural purposes. Non-agricultural developments or encroachment of such developments including the incorporation into town lands, establishment of suburbs or settlements and plantation of non-food monocultures on valuable high potential fertile soils shall be discouraged. In cases of high potential soils falling under urban jurisdiction, subdivision shall be allowed for the demarcation of such soils for agricultural purpose only. 10. Implementation Framework Roles of stakeholders It is the Government’s function to create an enabling environment to develop, manage and sustainably utilize agricultural, water and forestry resources for socio-economic development and to encourage private sector investment. • The Ministry of Agriculture, Water and Forestry (MAWF) The Ministry of Agriculture, Water and Forestry (MAWF) is responsible for the overall coordination, implementation and monitoring of this Policy. • MAWF will issue a letter of consent for the subdivision of an agricultural land unit and develop a set of national indicators and criteria matched to international standards in consultation with stakeholders for sustainable utilisation of agricultural land. • Ministry of Mines and Energy (MME) • Ministry of Mines and Energy should ensure proper rehabilitation of agricultural land after exploration. • Ministry of Environment and Tourism (MET) • Ministry of Environment and Tourism to advise Ministry of Agriculture, Water and Forestry when there is an application for subdivision of land for the purpose of game farming or where other wildlife species are to be kept. • Ministry of Land Reform (MLR) • Ministry of Land Reform, with the consent of MAWF, will facilitate the process of access to land for consolidation and commercialisation. MLR should develop and update maps for various land uses in the country. 7 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 • Ministry of Urban and Rural Development (MURD) • The Ministry of Urban and Rural Development (MURD) will liaise and coordinate with the MAWF whenever it intends to annex and incorporate agricultural land into town lands of proclaimed municipalities, towns, villages, settlements and regional growth points. • Regional Councils and Local Authorities • Regional Councils and Local Authorities will liaise with MAWF whenever they intend to acquire land for the establishing and development of human settlements or town planning on any agricultural land. Consequently, change of land use shall be approved upon recommendation by MAWF. • Legal and Regulatory Arrangements • Implementation of this Policy will take the laws and regulations affecting the utilization of natural resources and agricultural land into account. • Resource Mobilisation • All identified role players in the implementation of this Policy will be required to budget or mobilise material, human and financial resources that will enable them to effectively fulfil their roles and obligations in implementation of the Policy’s action plan. • Implementation and Revision • The implementation of the National Policy on Subdivision and Consolidation of Agricultural Land will be done through clearly delineated institutional roles and responsibility of stakeholders. The revision of this Policy will follow a five-year cycle. 11. Monitoring and Evaluation Mechanism The Policy will be monitored and evaluated in line with the 5 year Strategic Plans of both MAWF and MLR. All the relevant stakeholders will be required to adhere to the guidelines as stipulated in this Policy when executing their activities related to agricultural land utilization. MAWF will be required to conduct thorough evaluation of the Policy every five years. Communication Strategy Oftentimes, well-intentioned policies and laws tend to remain largely ineffective because they remain unknown, are not understood thus poorly implemented. The National Policy on Subdivision and Consolidation and of Agricultural Land is an important tool for guiding activities of all key stakeholders in the agricultural sector. It is thus imperative that the Policy is communicated to all relevant players timeously for its effective and efficient implementation. This makes the communication strategy an integral part of the Policy implementation process. 8 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 12. Conclusion Agricultural land, when sustainably utilised and managed has the potential to propel Namibia towards realization of Vision 2030. Challenges of growing population, economic factors and historical loss of land have resulted in undesirable subdivision of agricultural land in order to avail more land. In this regard a coherent Policy and legal framework are required to curb further subdivision of agricultural land which may pose a threat to food security in Namibia. The National Policy on Subdivision and Consolidation of Agricultural land is aligned to the national, regional and international protocols on conservation of biodiversity. The Policy will be a living dynamic document that is regularly reviewed by all involved stakeholders following implementation to identify loopholes and room for improvement. Consequently, it shall always be revised to keep pace with changing national priorities, needs and circumstances. The Government of the Republic of Namibia, through the Ministry of Agriculture, Water and Forestry will provide an enabling environment through this Policy framework for entrepreneurial farmers to expand freehold agricultural land through consolidation. The Ministry of Agriculture, Water and Forestry assumes the overall mandate for implementation of the National Policy on Subdivision and Consolidation of Agricultural Land. The effective application of the Policy, its strategies and the tangible attainment of its specific objectives, require the full and active involvement of all the stakeholders. 9 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 MINISTRY OF AGRICULTURE, WATER & FORESTRY National Policy on Subdivision and Consolidation of Agricultural Land | March, 2018 REPUBLIC OF NAMIBIA Ministry of Agriculture, Water and Forestry Government O�ce Park, Luther Street Private Bag 13184, Windhoek Namibia Tel: +264 61 2087111 Fax: +264 61 22173 Website: www.mawf.gov.na Copyright: Ministry of Agriculture, Water and Forestry