01 Aug 2024

Tribal land belongs to Batswana and any reform must reflect the wishes and aspirations of the nation and strike a balance between addressing costs and guarding against loss of proper governance in the land space.

This was said by Minister of Lands and Water Affairs, Dr Kefentse Mzwinila in response to a parliamentary question on Wednesday.

Dr Mzwinila said the ministry and government had embarked on land tenure reforms since independence through policy and legislative changes, the latest being the change from customary land grant to a Deed of Customary Land Grant (SLT), which offered registered user rights. 

He told Parliament that Botswana had three land tenures, which were primarily distinguished by the covenants and restrictions associated with the land rights.

“The transactions are controlled through the various legislative instruments. In freehold land, the title holder has ownership rights in perpetuity.

In state land, the ownership rights are for a fixed period, while in tribal land, the title holder does not have ownership rights but user rights in perpetuity,” he said.

He added that Section 5 of the Tribal Land Act of 2018 on the Powers and Functions of the Land Boards provided that the land board had to authorise any change of use of tribal land following the granting of the rights to use the land.

Again, he said the tribal land tenure recognised that the rights and title to land had been vested on the land boards who held it in trust for the benefit and advantage of the citizens of Botswana.

“Therefore, at all material times, the land belongs to the land board who must be informed and consent obtained for all land transactions except those specifically excepted from the requirement by the Act,” he said.

He said in addition to ensuring that land transactions were always within control of the land board, other factors that land boards considered before issuing a consent for change of land use, included payment of lease rentals, land disputes and other matters, which were critical to ensure smooth transactions.

He further said submission to the district council was for the physical planning committee to assess compliance with district development plans and other planning instrument and parameter.

“District councils draw their authority from Section 5 of the Town and Country Planning Act of 2013. Following the approval for change of land use, the applicant must submit to the land board for issuance of a new land title reflecting the new land use,” he said.

MP for Selebi Phikwe East, Mr Kgoberego Nkawana had wanted to know if the ministry did not consider the current process of change of land use and application of land use planning too lengthy and costly. Ends