Namibia’s Agriculture, Fisheries, Water and Land Reform Minister Inge Zaamwani
Namibia’s Agriculture, Fisheries, Water and Land Reform Minister Inge Zaamwani has tabled the long-awaited Land Bill in parliament, describing it as a “transformative instrument” designed to restore dignity, promote equity and empower the population through access to land”.
The land question remains “a complex and emotive matter” but is central to redressing the injustices of dispossession, Zaamwani told lawmakers, adding: “Our deliberations must respond to the aspirations of the majority of Namibians and lay a solid foundation for productive land reform and national cohesion.”
The 2025 Land Bill represents the most far-reaching change in Namibia’s land governance framework since independence and replaces not only the 1995 Agricultural (Commercial) Land Reform Act and the 2002 Communal Land Reform Act, but also a total of 12 laws and ordinances, consolidating them into one.
The aim is to streamline a fragmented system, strengthen administrative efficiency and provide a single, coherent framework for land reform, Zaamwani said.
Since independence, the 1991 National Land Conference and the 1995 Act have emphasised voluntary sales. More than 500 farms covering approximately 3 million hectares were transferred to the state through this model. But the minister reminded MPs that the system was slow, uneven and prohibitively costly.
Late former president Hage Geingob declared the willing-seller, willing-buyer approach a failure, declaring at the country’s 2017 independence anniversary: “After 27 years, the willing-seller, willing-buyer approach has failed to bear anticipated fruit.”
The new Bill explicitly shifts Namibia away from that model, embedding a state-led redistribution approach designed to accelerate resettlement and dismantle inequalities in land access.
Section 81 of the Bill outlines the purpose of acquisition — land may be taken and redistributed to Namibians who are landless, inadequately resourced, historically disadvantaged, or otherwise vulnerable, including the unemployed.
“The purpose is to address social and economic imbalances in Namibian society and bring about equitable access to land,” it states.
The legislation targets farms offered for sale, properties illegally held by foreigners, absentee-owned farms, abandoned or under-utilised land and holdings exceeding economic unit thresholds.
Expanded powers of expropriation
Section 89 gives the minister sweeping powers to expropriate property at any time, provided it is in the public interest and just compensation is paid. The power extends to surrounding or related properties, if necessary to achieve reform objectives.
If only a portion of a farm is acquired, the remainder may also be expropriated if it becomes uneconomical for the owner or under national agricultural policy.
Before any land is taken, the minister must issue a notice of intention to expropriate.
This must be served on the owner and all rights-holders, including tenants and sub-lessees, while also being published in the Government Gazette. Owners then have 30 days to submit written representations.
The minister is obliged to acknowledge submissions and invite negotiations. If no agreement is reached within 20 days, the minister can either abandon the process or proceed with expropriation. Importantly, the Land Reform Commission must consider the situation of farmworkers and their families before making a final decision.
Section 82 empowers the Land Reform Commission to authorise inspectors to assess farms earmarked for acquisition. Inspections cover the land’s value, current use, ownership history, state subsidies and the existence of both registered and unregistered rights.
Inspectors can survey boundaries, bore soil samples and request access to documents such as title deeds. Safeguards are in place — officers must provide landowners with at least seven days’ notice, carry certificates of appointment and cannot enter homes without consent. If inspections cause damage, the state is liable to repair or compensate.
If expropriation proceeds, the minister issues a formal notice of expropriation. This must detail the land or rights being taken, the date of expropriation, the date the state will take possession and the proposed compensation, supported by valuation reports. Owners must also disclose the names and addresses of other rights-holders.
From the date of expropriation, ownership automatically vests in the state, free of mortgage bonds but still subject to other registered rights, unless those too are expropriated. Possession passes to the state on the date specified in the notice or on a mutually agreed date. Owners can ask to hand over earlier by giving 30 days’ written notice.
Until then, owners must maintain the land, and can continue to use it and collect income, though they can be held liable if negligence reduces its value.
Compensation rules
The Bill introduces a structured compensation regime. Payments are capped at the property’s open-market value plus proven financial losses. In addition, a solatium of 10% — up to N$50 000 (about R50 000) — must be paid to compensate for the inconvenience of expropriation.
Owners and rights-holders must respond within 60 days of notice, either accepting the state’s offer or submitting their own claim with professional valuations.
If rejected, the minister must issue a counter-offer within 60 days. Any dispute is referred to the Lands Tribunal for binding resolution. Owners who fail to respond are deemed to have accepted the offer.
The minister can advance up to 80% of the compensation after possession is taken, even before a final settlement is reached. If land is mortgaged, or under a deed of sale, compensation can be redirected to creditors or buyers. If rightful recipients cannot be identified, funds are deposited with the Master of the High Court in the Guardian’s Fund.
Providing false information or failing to comply with requests for title deeds is a criminal offence, carrying penalties of up to N$10 000 or two years’ imprisonment.
The Bill allows the minister, after consulting the Land Reform Commission, to withdraw an expropriation within 90 days if it is in the public interest. In such cases, ownership reverts to the original owner, mortgage bonds are revived and title deed endorsements are cancelled.
It strengthens restrictions on foreign ownership and prohibits foreigners from acquiring either communal or commercial land. They can only lease land under special conditions if the investment creates jobs and benefits the economy. Any Namibian found colluding with foreigners to circumvent the law faces fines of up to N$50 000 or a 10-year prison term.
The Bill also introduces a Communal Land Development Fund to finance infrastructure and agricultural development in communal areas, while maintaining the Land Acquisition and Development Fund for resettlement farms.
A centralised Lands Tribunal will hear both communal and commercial disputes, with membership expanded from five to seven experts to improve efficiency. The Bill further provides for progressive land taxation, with valuation rolls compiled every five years to strengthen state revenue from commercial farmland.
Historic process
Zaamwani reminded MPs that the drafting of this Bill began as far back as 2007, with regional consultations in 2010, tabling in 2017 and withdrawal ahead of the 2018 Second National Land Conference. The latest version incorporates many of the resolutions adopted at that conference.
“This Bill is a reflection of the aspirations of the people as articulated through the resolutions of the Second National Land Conference,” she said, urging MPs to deliberate in the spirit of nation-building.
“The land we speak about in this Bill is not merely soil beneath our feet. It is the cradle of our dignity, the source of our sustenance and the foundation of our freedom,” she said.
The Bill is awaiting debate in the National Assembly, where it is expected to trigger robust discussion.