08 Aug 2021

Government has acted within confines of the law to acquire a piece of land for use in the Okavango Delta, Minister Land Management, Water and Sanitation Services, Mr Kefentse Mzwinila told Parliament on Friday. 

Responding to a question, Mr Mzwinila explained that the acquisition was guided by the land board which is empowered by the Tribal Act to grant ownership of the land to the state. 

He added that the process was also done in consultation with the Ministries of Environment Natural Resources Conservation and Tourism, Land Management, Water and Sanitation Services as well as the Office of the President to have the state acquire the land for tourism purposes.

“The land acquired was 8km by 21km and was free from encumbrances hence no land right was being affected by the acquisition. It was required by Office of President for a government tourism facility and was within the Moremi Game Reserve jurisdiction and land administration of the Tawana Land Board,” he explained. 

Mr Mzwinila explained that the three ministries agreed with the request because it was in the best interest of public purposes for land to be allocated to the state to develop a tourism facility. 

He also indicated that acquisition of the piece of land followed proper procedure as per provisions of Section 32 of Tribal Land Act Cap 32:02 and that the North West District Council and Tawana Land Board were notified about acquisition on April 2021 in accordance with procedure set out in the act. 

“The council was duly notified on the idea to acquire the land and reasons articulated by respective ministries, hence, was given time to deliberate and raised concerns on the matter for consideration by Tawana Land Board,” he said. 

He added that the council deliberated on the matter and did not reach consensus, hence voted against the idea to acquire a portion of tribal land within Okavango Delta. 

Furthermore, Mr Mzwinila stated that the idea to notice the matter to council was not to seek approval, but to solicit their views or concerns for Tawana Land Board to consider before deciding on the request for land allocation. 

“The responsibility to acquire land allocation is vested on the land board and thus they took considerations, comments, misgivings and questions and decided to answer and address the misgivings,” he stated. 

Again, he stated that the matter was escalated to different stakeholders including elders in the Tawana region after which the board unanimously took a position that the intended use applied for by the state was adequately explained by state counsel. 

Mr Mzwinila also clarified that the board’s position was that since land within the reserve had previously been allocated to various uses and operators, the state, like other applicants, was not to be subjected to public scrutiny or consultation.

 In that regard, he stated, the board resolved to grant the land to the state as per the provisions of Tribal Act, adding it was common practice to de-tribalise land to make it state land or turn state land into tribal land. 

“Even a freehold land can be turned into tribal land or freehold to state land,” he stressed. 

Mr Mzwinila was answering a question by Maun West MP, Mr Dumelang Saleshando, who had requested the minister to appraise Parliament on acquisition of land by the state in the Okavango Delta. ENDS