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5. Land Tenure Systems in SADC countries


Land tenure is an important factor, which will ultimately affect the conservation of forest genetic resources. Where land is communally owned, usually community members would have open access to resources of the land, in this case forest genetic resources. However in most cases, community rules do exist which often enforce the management and utilisation of these forest resources. The main land tenure systems in the SADC are freehold, leasehold and community system. In Swaziland, Tanzania and Zimbabwe a fourth tenure system exists, which is respectively known as farm tenancy, granted rights and permit tenure (Alden Wily and Mbaya, 2001). All the 11 countries have leasehold tenure. With the exception of Mauritius, all the other 10 countries also have customary tenure. In Lesotho, Zambia and Mozambique land is owned by the state but there is provision for leasehold and not freehold. Table 6 shows the land class ownership by public, private and community.

Table 6: Land classes and tenure systems in some of the SADC countries*

Country

Ownership (% of land)

Public

Private

Community/customary

Botswana

State Land (24.9%)

Freehold Land (4.2%) and Tribal land (through granted and leased rights)

Tribal land (70.9%) including private and communal tenure

Lesotho

State land



Malawi

Public land (21%)

Freehold and Leasehold

Customary Lands (65%)

Mauritius

State land

Freehold


Mozambique

State land

Leasehold


Namibia

State Land (13%)

Freehold (44%)

Communal Land (43%)

South Africa

State Land

Freehold

Ex-homelands 13%

Swaziland

Swazi National Land owned by the King (74%) Crown land 0.4%

Freehold and Leasehold (25.5%)

Customary land (in Swazi National Land) 42%

Tanzania

General Land

Reserved land

Granted rights in general and reserved land. Customary rights in reserved and village lands

Village lands

Zambia

State land

Leasehold

Customary land

Zimbabwe

State land (21.8%)

Freehold and Leasehold (36.2%)

Customary land (41.8%)

* Sources: country reports; Alden Wily and Mbaya, (2001)


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