30 May 2013

Work is ongoing to systematically map, survey and register all plots in tribal land, according to permanent secretary in the Ministry of Lands and Housing, Mr Thato Raphaka.

Briefing the Bankers Association on land governance issues in Gaborone on May 29, Mr Raphaka stated that the current land administration processes and systems were not conducive for socio-economic development.

Most of the plots in tribal areas, he said, were not surveyed and some did not have certificates and this increased chances of multiple allocation. Mr Raphaka noted that the systematic land registration was ongoing in Mogoditshane Sub-land Board area and the ministry was targeting to complete 85 per cent of the whole country by 2016.

He stated that the Deeds Registry Act was being amended to facilitate the registration and hypothecation of certificates of rights, also noting that work was ongoing at Deeds Registry to capture and scan title deeds. A total of 238 915 title deeds had been captured and over 10 000 scanned, he said.

Mr Raphaka said there was a proposal to merge all land related acts such as the State Land Act, Tribal Land Act, Land Control Act, Acquisition of Property Act and Fencing Act.

He indicated that the Tribal Land Act was being amended to compel registration of land rights at the land boards within a prescribed period. The Deeds Registry, he said, was being amended to make registration of transfers at Deeds Registry compulsory and the Tribal Land Act was being amended to make the registration of customary grants with the Deeds Registry compulsory.

Furthermore, he stated that sub-land boards did not have the authority to grant common law allocation such as industrial and borehole land rights, as they merely recommended to main land boards.

He said this was a cause for delay in service delivery as main land boards got overwhelmed, adding that sub land boards had since been empowered to make both borehole allocations and common law grants with effect from April 15 this year.

Mr Raphaka highlighted the key issues identified on land matters, which included separate land related laws such as State Land Act, Tribal Land Act, Land Control Act, Acquisition of Property Act and Fencing Act. He also said there were different systems of land registration for tribal and state land. 

The permanent secretary stated that customary grants could not be registered under the Deeds Registry Act, adding that holders of such rights could not use the same as collateral for obtaining finance from financial institutions.

He cited said a holder of customary grant wishing to have their rights registered and therefore capable of being hypothecated had to change to common law lease, noting that there was no such hassle for freehold and state land.

Mr Raphaka said in state land and freehold, the challenge lied with transfers as opposed to acquisition and the Deeds Registry Act did not make it compulsory to register transfers of such land.

He said this defeated the aim of a comprehensive land information system that could mirror what appeared on the ground. ENDS