Papers by Willem Odendaal
Environmental Law and Policy in Namibia
The former white-ruled colonies of Southern Africa share a common history of expropriation of lan... more The former white-ruled colonies of Southern Africa share a common history of expropriation of land from indigenous peoples. This resulted in an agricultural dualism, with black subsistence agriculture on the one hand, and white commercial farming on the other. Furthermore, their post-colonial constitutional and legal frameworks shaped their ability to address the skewed land distribution patterns, the notable recent exception being the fast tract land reform programme of Zimbabwe. In Namibia, the instruments adopted in addressing commercial land reform, are government purchases of commercial farms for the purpose of resettling landless communities, and Affirmative Action Loans for the purchase of commercial farms by previously disadvantaged individuals. In February 2004, the Namibian government announced plans to implement the option of expropriating commercial agricultural land in order to speed up its land reform and resettlement programme after increased criticism of the willing ...
The chapter concerns the specific context of the Namibian case of the Hai||om peoples’ recent cou... more The chapter concerns the specific context of the Namibian case of the Hai||om peoples’ recent court battles seeking a legal remedy for the dispossession of their ancestral land that took place in the 1950s. The chapter demonstrates how bringing ancestral land rights claims in front of a court of law can be a means to enforce the rights of indigenous peoples and shed light on the different issues these communities face after being removed from their ancestral lands.
Printed and bound by John Meinert Printing (Pty) Ltd in Windhoek. Electronic versions of this pub... more Printed and bound by John Meinert Printing (Pty) Ltd in Windhoek. Electronic versions of this publication and two accompanying policy briefs are posted on the LAC website (downloads free of charge).
Land Tenure Challenges in Africa, 2021
This chapter explores the Etosha ancestral land claim by the Hai||om San. It exposes the limitati... more This chapter explores the Etosha ancestral land claim by the Hai||om San. It exposes the limitations of litigation. Not only socio-political difference among the claimants hampers the litigation process. The chapter elaborates that the legal and political space in which the case unfolds, did not create a level playing field for the claiming Hai om to seek to exercise their rights. The legal arena In Namibia is constituted by multiple legal norms and values. Statutory law operates next to customary laws and rights. The Etosha ruling, however, makes clear that legal positivism as manifested in statutory law and common law remains the predominant legal and political interpretative framework in Namibia. Other acceptable legal remedies that are available to indigenous peoples under both Namibian constitutional law and international law are ignored.
Journal of Land Use Science, 2019
This paper is about mining under communal ownership which makes this kind of mining a new mining ... more This paper is about mining under communal ownership which makes this kind of mining a new mining frontier. The newness of the frontier is that it has introduced a series of institutional complexities that is uncommon to artisanal and large-scale mining. Mining companies have to negotiate deals with communities and their leaders to be able to prospect for mineral resources. We also argue that the state's environmental legislation is poorly harmonised with the prevalent conditions in communal areas where mining is gaining greater importance. Legislation remains silent on the rights of those living on communal land. These rights remain in a state of confusion with often negative effects on the local communities who are exposed to a number of duplicating development programmes and legislative structures. The aim of this paper is to explore the dynamics communal mining in the Kunene Region in north-western Namibia.
Land Tenure Challenges in Africa, 2021
Indigenous people are engaged in legal battles to restore their rights to their land. They are no... more Indigenous people are engaged in legal battles to restore their rights to their land. They are not only seeking to undo the injustices of the past, but also ways to improve their livelihoods. Finding a legal way to address their rights to their ancestral lands has evolved as an important politico-legal instrument. Backed by litigators, international treaties, concerned scholars and funding arrangements litigating on ancestral land rights matters has emerged as an important 'weapon of the weak'. Reclaiming their land appears not so easy and is not so straight forward. We address the recurrent issues, the pitfalls, the challenges that emerge during and after litigation which is only one of the many steps in restoring rights.
Land Use Science, 2019
This paper is about mining under communal ownership which makes this kind of mining a new mining ... more This paper is about mining under communal ownership which makes this kind of mining a new mining frontier. The newness of the frontier is that it has introduced a series of institutional complexities that is uncommon to artisanal and large-scale mining. Mining companies have to negotiate deals with communities and their leaders to be able to prospect for mineral resources. We also argue that the state’s environmental legislation is poorly harmonised with the prevalent conditions in communal areas where mining is gaining greater importance. Legislation remains silent on the rights of those living on communal land. These rights remain in a state of confusion with often negative effects on the local communities who are exposed to a number of duplicating development programmes and legislative structures. The aim of this paper is to explore the dynamics communal mining in the Kunene Region in north-western Namibia.
Reports by Willem Odendaal
Land, Environment and Development Project Indigeneity, marginalisation and land rights in post-independence Namibia, 2020
The chapter concerns the specific context of the Namibian case of the Hai||om peoples’ recent cou... more The chapter concerns the specific context of the Namibian case of the Hai||om peoples’ recent court battles seeking a legal remedy for the dispossession of their ancestral land that took place in the 1950s. The chapter demonstrates how bringing ancestral land rights claims in front of a court of law can be a means to enforce the rights of indigenous peoples and shed light on the different issues these communities face after being removed from their ancestral lands.
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Papers by Willem Odendaal
Reports by Willem Odendaal