The cadastral system of Botswana as an engine for LAS

This section conducts a review of the cadastral system of Botswana as an engine for LAS in rural areas, which is administered by District Land Boards. An analysis of land reforms will be conducted on previous land tenure systems in the country, starting from pre-independence, during independence and after independence, to better understand how customary land was administered in the past. Throughout the reforms, customary land has proved to be the most challenging, yet comprising the most land mass and larger population. Moreover, it is under- resourced and its inhabitants are characterised by lack of tenure security and social ills.

Botswana lies in the Southern part of Africa, bounded by four countries: South Africa, Namibia, Zambia and Zimbabwe. It has a population of approximately 2 million as per the population census of 2011 and has a surface area of 581,736 square kilometres. The country is a former British protectorate (1885-1965) and gained its independence in 1966. It practices a multi-party system of democracy and holds regular elections every five years. Botswana’s main source of revenue is diamonds, followed by tourism and beef export. The cadastral system of Botswana lacks an overall regulatory framework for the administration of tribal land, which includes

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registration, archiving and retrieval of land information (Kalabamu, 2014). Before independence, the country was one of the poorest in Africa, and upon gaining independence, it started diamond mining operations which propelled it to a more stable economy. It is regarded as one of the richest and politically stable countries in Africa (Nkwae and Dumba, 2010; Isaacs and Manatsha, 2016). To understand the reform process in land administration of a country, it is necessary to outline a brief background that informs the main land tenure and land management practices (Malatsi and Finnstrom, 2011) (Figure 2-1). Therefore, the next sub- sections will conduct brief overviews of land administration reforms in Botswana.

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2.4.1 Land administration before the protectorate years

Prior to the country being granted a protectorate in 1885, land in Botswana was owned by various tribes in the country and village chiefs were its custodians. The chiefs administered land within their jurisdiction, who would then cede administration portions to ward herdsmen, who subsequently allocated to family heads for equal distribution among family members. Land allottees were not awarded any documentation as proof of ownership but were required to memorize physical features in and around the land parcel like trees, rocks or river boundaries to establish the extents of their land rights. During this period, all the land in the country was customary, inheritable, perpetual and could not be sold since it belonged to the tribe. To secure tenure, allottees were required to utilize the land and continue belonging to the community. When a family no longer required the allocated land, it reverted to the tribe. These initiatives encouraged active participation and created a sense of belonging within the society, especially in activities that required a collective effort. Un-allocated land remained under the ownership of the tribe and used by community members to harvest resources like firewood, wild fruits and as pasture land.

2.4.2 Land administration during the protectorate years

During the colonization period, chiefs continued managing the land as they had before. However, the colonial government renamed customary land to Native reserves and converted certain portions of it to Freehold and Crown lands. Freehold land was reserved for European settlers mainly for agricultural use (cattle ranches), whilst Crown land was reserved for the development of urban areas. Thus, the colonial government introduced three land tenure systems: Freehold land, Crown lands, and Native reserves. Land tenure systems determine the rules and conditions that people can use land and its resources, with regards to rights, responsibilities and restrictions (RRR). The colonial government further provided security of tenure to white settlers in Freehold land and citizens in Crown lands through proper surveys and documentation of land rights, whilst Native reserves were excluded (Malatsi and Finnstrom, 2011). The colonial government introduced an official system of land surveys (and some regulation thereof) and official documentation (except for Native reserves) that was carried forward to later LAS.

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2.4.3 Land administration after Independence

After independence, the new government renamed Native reserves to customary land, Crown lands became state land, and Freehold land remained the same (Figure 2-2). Customary land now makes up 71% of the whole country, state land is 26% and freehold land is 3% (Malope and Phirinyane, 2016) (Figure 2-3). According to Nkambwe (2003), compiling land records and developing administration systems for these tenure systems has been challenging for the government of Botswana. For example, the traditional LAS cannot accommodate the social, informal and communal nature of customary land tenure.

Figure 2-2. Changes in land tenure systems in Botswana (Malatsi and Finnstrom, 2011).

Figure 2-3. Map showing land tenure types in Botswana All land was customary

Freehold land State land Tribal land Native reserves Freehold land Crown lands

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The brief overviews conducted in this section have provided an understanding of how land was administered pre-and post-independence periods, as well as challenges encountered by the country in its efforts to effectively administer and manage land and its resources. The emphasis of this study is on customary land since it makes a large proportion of the country and is inhabited by a large population characterised by tenure insecurity because of insufficient land rights.