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Governance of Indigenous Communal Land Rights in Namibia: A Political–Institutional Analysis of the Communal Land Reform Act (2002)

Hausiku, Regina Nangura LU (2026) SIMZ31 20261
Master of Science in Development Studies
Abstract
This study examines how the institutional and governance arrangements established
under Namibia's Communal Land Reform Act (CLRA) of 2002 shape the equitable
administration of indigenous communal land rights, with particular focus on the San
community. Drawing on institutional theory and property rights theory as
complementary analytical frameworks, and employing qualitative document analysis
of primary legislation, national policy, and civil society and academic sources, the
study investigates three interconnected questions: how the CLRA distributes decision
making authority among the state, Communal Land Boards, and Traditional
Authorities; why existing arrangements fail to secure indigenous land rights; and which
... (More)
This study examines how the institutional and governance arrangements established
under Namibia's Communal Land Reform Act (CLRA) of 2002 shape the equitable
administration of indigenous communal land rights, with particular focus on the San
community. Drawing on institutional theory and property rights theory as
complementary analytical frameworks, and employing qualitative document analysis
of primary legislation, national policy, and civil society and academic sources, the
study investigates three interconnected questions: how the CLRA distributes decision
making authority among the state, Communal Land Boards, and Traditional
Authorities; why existing arrangements fail to secure indigenous land rights; and which
governance reforms are most likely to produce durable improvements in tenure
security. The findings reveal that San land insecurity is not a product of policy absence
but of structural institutional dysfunction embedded within the governance framework
itself. Three reinforcing mechanisms produce this outcome: the selective recognition
of only five of thirteen San sub-tribal Traditional Authorities, which excludes the
majority from primary land allocation processes; the CLRA's failure to recognise group
tenure under customary law, rendering collective San land-use systems legally
illegible; and persistent enforcement gaps that leave formally recognised rights
unprotected against encroachment by more powerful actors. The study concludes that
durable reform requires simultaneous action across three domains: ratification of ILO
Convention No. 169 to establish binding state accountability; targeted amendment of
the CLRA to recognise group tenure and San-specific beneficiary status; and the
mandatory embedding of San representation within Communal Land Boards. These
findings contribute to scholarship on post-colonial land governance by demonstrating
that institutional architecture, rather than legal absence, is the primary determinant of
indigenous tenure outcomes in sub-Saharan Africa. (Less)
Please use this url to cite or link to this publication:
author
Hausiku, Regina Nangura LU
supervisor
organization
course
SIMZ31 20261
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Keywords: Communal Land Reform Act, San community, tenure security, communal land governance, indigenous land rights, institutional theory, customary tenure.
language
English
id
9234307
date added to LUP
2026-06-25 10:13:17
date last changed
2026-06-25 10:13:17
@misc{9234307,
  abstract     = {{This study examines how the institutional and governance arrangements established 
under Namibia's Communal Land Reform Act (CLRA) of 2002 shape the equitable 
administration of indigenous communal land rights, with particular focus on the San 
community. Drawing on institutional theory and property rights theory as 
complementary analytical frameworks, and employing qualitative document analysis 
of primary legislation, national policy, and civil society and academic sources, the 
study investigates three interconnected questions: how the CLRA distributes decision
making authority among the state, Communal Land Boards, and Traditional 
Authorities; why existing arrangements fail to secure indigenous land rights; and which 
governance reforms are most likely to produce durable improvements in tenure 
security. The findings reveal that San land insecurity is not a product of policy absence 
but of structural institutional dysfunction embedded within the governance framework 
itself. Three reinforcing mechanisms produce this outcome: the selective recognition 
of only five of thirteen San sub-tribal Traditional Authorities, which excludes the 
majority from primary land allocation processes; the CLRA's failure to recognise group 
tenure under customary law, rendering collective San land-use systems legally 
illegible; and persistent enforcement gaps that leave formally recognised rights 
unprotected against encroachment by more powerful actors. The study concludes that 
durable reform requires simultaneous action across three domains: ratification of ILO 
Convention No. 169 to establish binding state accountability; targeted amendment of 
the CLRA to recognise group tenure and San-specific beneficiary status; and the 
mandatory embedding of San representation within Communal Land Boards. These 
findings contribute to scholarship on post-colonial land governance by demonstrating 
that institutional architecture, rather than legal absence, is the primary determinant of 
indigenous tenure outcomes in sub-Saharan Africa.}},
  author       = {{Hausiku, Regina Nangura}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Governance of Indigenous Communal Land Rights in Namibia: A Political–Institutional Analysis of the Communal Land Reform Act (2002)}},
  year         = {{2026}},
}