Batswana can now own multiple plots
New policy allows all citizens to own more land
► Revised Land Policy of 2019 prioritises protection of land rights
Batswana who have inherited land or are married to individuals who already own land are allowed to individually apply for land, according to the revised Botswana Land Policy 2019.
The revised policy stipulates: “Each and every citizen is eligible for allocation of a residential plot on both State Land and Tribal Land, by a land authority, regardless of whether they have previously acquired land through other legitimate means (purchasing or inheritance).”
The Ministry of Land Management, Water and Sanitation Services recently released a statement stating that in accordance with the revised Policy which is now in effect, citizens who were previously affected by the old land policy are now free to apply for land in their own capacity on both state and tribal land.
Previously, the Botswana Land Policy had barred Botswana citizens who have inherited land from parents or a spouse, or are legally married to someone who owns land, from applying for their own land, the argument being that they had already benefited and should make room for other Batswana to apply for land.
However, following deliberations in Parliament, this law was reversed.
Ministry of Land Management, Water and Sanitation Services recently released a statement explaining that the revised policy covers issues of protection of vulnerable groups, the improvement of security of tenure, improvement of land management in all tenures, the decentralisation of functions to the local and land authorities, the enhancement of institutional capacity, and ensuring efficient land information management.
“The overall goal of the land policy is to protect and promote land rights of all land holders and promote sustainable human settlements,” the Ministry indicated. The Ministry has also indicated that another notable change to the Land Policy of 2019 is related to the Protection of Existing Land Rights, which previously indicated that only one spouse could apply for land among a married couple, but the revised policy has removed this clause and allows married couples to individually apply for land.
This development is music to the ears of scores of Batswana who were affected by this law, including Larona Modisaotsile, who for many years was frustrated that she could not apply for land.
Modisaotsile inherited a piece of land from her late parents which was caught in a dispute with some family members, and the matter was taken to the courts.
She tried to apply for a plot, but was told that since she had legally inherited a plot and was married to a citizen who had been legally allocated a plot, she could not apply for her own plot.
“I tried to explain that I was married out of community of property and that the inherited plot was in dispute. I found it unfair that some Batswana should be disallowed to own land due to personal circumstances when ownership of land is a Constitutional right.”
Modisaotsile, who was on the verge of taking legal action against the Land Board said an official had explained the clauses of the Land Policy to her, adding that she was glad Government had reversed them.
“The old policy negatively affected many people who want their own land. The new policy is reflective of the democracy enshrined in our Constitution as it accords every citizen the fair advantage of applying for their own plot”, she said.
The revised Botswana Land Policy 2019 also notes that citizens who own land in the country are also allowed to use half of it for other purposes including commercial, provided that they are granted permission by local planning authorities.