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Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure
Published online by Cambridge University Press: 28 July 2009
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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.
In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.
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References
1 Machacha, B., “Botswana's land tenure: institutional reform and policy formulation”, in Arntzen, Ngcongco and Turner, (eds.), Land Policy and Agriculture in Eastern and Southern Africa, (Tokyo, 1986), 39Google Scholar gives the following breakdown of the three land categories at independence: tribal land, 48 per cent; State land, 47 per cent; and freehold land, 6 per cent. The amount of State land was subsequently reduced to 23 per cent when portions of it were converted into tribal land to relieve congestion in some tribal areas.
2 Tribal Land Act no. 54 of 1968, now cap. 32:02, Laws of Botswana.
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54 See the first schedule to Act no. 54 of 1968.
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65 See the review of the case of Kweneng Land Board v. Kabelo Matlho and Others below.
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