People of Namibia. Chapter 3: Communal land in Namibia

As Niko has a farm in the communal Land, let us explain how it works:
In Namibia there is commercial farming, where the land is privately owned and there is Communal Land.

Communal land is managed by traditional authorities, who are leaders chosen by the community. They might include Chiefs, Headmen, or other elders who are respected and trusted by the community. Their authority is often based on cultural traditions and the recognition of their leadership by the people they serve.

People who can apply for this communal land typically include members of the community itself, like families or groups living in that area. When someone wants to use this land for farming or other purposes, they need permission from the traditional authorities.

Communal land cannot be bought or sold, but you can be given a customary land right to a part of the communal land. The traditional laws in these areas usually govern how the land is used and inherited, and they’re important for maintaining the harmony and traditions of the community.
There are things you can do on communal land, like farming, grazing animals, or building houses, but you need to follow the rules set by the traditional authorities.

he leaders of Communal Land have various powers and responsibilities:

1. Land Management: They often oversee the allocation and management of communal land, making decisions about how it’s used and who can use it for activities like farming, grazing, or settlement.
2. Conflict Resolution: Traditional authorities may act as mediators in disputes within the community, helping to resolve conflicts and maintain peace.
3. Preservation of Culture and Tradition: They play a crucial role in preserving and promoting cultural practices, customs, and traditional laws within the community.
4. Decision-Making: They make decisions that affect the community, often based on consensus and considering the well-being of the entire community.
5. Representation: They might represent their community in dealings with government authorities or other external entities, advocating for the interests of their people.
6. Their powers can vary depending on the specific traditions and customs of each community, and they usually work in conjunction with government to address local issues.

In many traditional societies, criminal law is often recognized and enforced through customary or traditional practices rather than formal legal systems. Here’s an example of how criminal law might be handled within traditional law:

Let’s say within a community following traditional law, theft is considered a serious crime. If someone is accused of stealing, the matter might be brought before the traditional authorities, which could include the village chief or council of elders.

1. Investigation: The traditional authorities, managed by the Chief of the Village, would investigate the accusation, gathering information from witnesses and the accused individual.
2. Mediation: Depending on the severity of the theft and the circumstances, the authorities might opt for mediation between the victim and the accused person’s family. This could involve restitution or compensation to resolve the matter.
3. Sanctions: If the theft is proven and it’s a serious offense, the traditional authorities might impose sanctions such as fines, temporary banishment from the community, or other measures deemed appropriate within their customary laws.
4. Community Involvement: The entire community might be involved in the process, providing input or support for the decision-making process. If it is a really serious offense, a representative group of the community would go to the Governor of the Region , who works together with the government, to help maintain order and solidarity within the community.The traditional legal system often focuses on restorative justice rather than punitive measures. The emphasis is often on restoring balance within the community and repairing the harm caused by the offense.

When there is a private lodge established in communal land, the lodge generally pays a bed-night levy to the local communities surrounding the land that they use. This cost is transferred to the Client/Tourist as a community levy.

There are types of agreements including a joint venture lodge which is the most profitable form of agreement for the local community, people living in the communal land:

It is a partnership between a private investor and the local community. A private investor builds and operates the lodge and the community receives a share of the benefits. This is the case of Damaraland Camp, which has a partnership between the Torra Concervancy and Wilderness Safaris.

The private investors also invest in the training of skills of local employees giving training in tourism including professional and managerial skills.

Local community residents also sell food, building materials, crafts and food to tourists.

The community levies on lodges, the help of the government for agriculture, the sell of cattle, crops, crafts, employment of local community in lodges, private sector, living museums, all help contribute income to the people living in communal land although it may be difficult to know how many local people benefit and who benefits.

What is interesting also is you can be a Chief, a Headman (a Headman acts as Agent of the Chief and their responsibility only goes to the Chief), in the communal land, and at the same time working in a lodge, where you are not the boss and have to comply with the rules and bow to the hierarchy of the company.

Even if you are the President of the Republic of Namibia, when you are going to your tribal community village, you have to bow to the rules of the Community.

As it is the case for Niko, mostly young children and grandparents live in the communal farms while the adults are working in the city. They often help their elders financially and also enjoy going on holiday and family gatherings at the farm.

During Covid, many people went back to the Communal farms to survive.

Next time, we will explain the transition of Niko from living in the farm to working in the city, getting married, and settling in Walvis Bay.

Enjoy your Sunday. Kind regards

Murielle