Browsing by Author "Shomeya, Salom Heita"
- ItemA descriptive explanatory study on the challenges to implementing the Communal Land Reform Act to combat illegal fences in communal areas of Namibia : a case study from the Tsumkwe-West Communal Area(Stellenbosch : Stellenbosch University, 2023-12) Shomeya, Salom Heita; Burger, Werner; Stellenbosch University. Faculty of Economic and Management Sciences. School of Public Leadership.ENGLISH SUMMARY: The purpose of this study was to describe and explain the challenges of implementing the Communal Land Reform Act No. 5 of 2002 (hereafter the CLR Act) to combat illegal fences in communal areas of Namibia, using a case study from the Tsumkwe-West Communal Area. The CLR Act came into effect on 1 March 2003. The CLR Act seeks to prohibit the erection of new fences in communal areas without authorisation granted under this act. The CLR Act gives mandates and powers to Communal Land Boards (CLBs) and Traditional Authorities (TAs) to remove illegal fences in communal areas of Namibia. Notwithstanding the operationalisation of the CLR Act in March 2003, many illegal fences have not been removed yet and no perpetrator was ever arrested or fined under the CLR Act, while illegal fencing has continued unabated in many communal areas of Namibia. With this study, the researcher first wanted to understand what challenges impeded the successful implementation of the CLR Act to combat illegal fences in the Tsumkwe-West Communal Area. Secondly, the study aimed to help improve the implementation of the CLR Act in relation to combatting illegal fencing in the Tsumkwe-West Communal Area. The study had the following specific objectives: to analyse the literature on conditions and limitations to the implementation of policies and laws; to analyse the background policies to illegal fencing, the prescriptions of the CLR Act, and relevant operational and implementation documents; to assess whether there were clear implementation mandates and procedures and to identify possible gaps in the legislation; to determine constraints that impeded implementation of the CLR Act in practice through interviews conducted with senior councillors of the !Kung TA, officials from the Ministry of Agriculture, Water and Land Reform (MAWLR) and additional respondents, and a questionnaire completed by members of the Otjozondjupa CLB; and to offer recommendations for changes to the CLR Act and/or other recommendations to improve successful enforcement of the act. Data were collected using a questionnaire, interviews, observation and a literature review. All questions to participants were grouped under the 7-C protocol, which provides clusters of explanatory variables that might be useful for a better understanding of policy implementation success and failure. The qualitative content analysis method was used to analyse the collected data. From the information provided by the study participants, several challenges/constraints that hindered the successful implementation of the CLR Act to combat illegal fences in the Tsumkwe-West Communal Area were identified. Those challenges included inadequate resources and human capacity; lengthy, costly and cumbersome procedures to remove illegal fences; and political, legal and social aspects affecting the implementation of the CLR Act concerning illegal fences. In light of these challenges, the researcher recommends the following: Amend the content of the CLR Act; improve policy advocacy and dialogue with political leaders to ensure political will to successfully implement the CLR Act; monitor and evaluate the implementation of the Communal Land Reform Act; provide adequate resources to successfully implement the Communal Land Reform Act; ensure closer engagement with law enforcement agencies in the implementation of the CLR Act; intensify campaigns against illegal fencing in communal areas; and improve coordination between the stakeholders.