Browsing by Author "Mapaure, Clever"
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Item A critical legal analysis of the law, principles and practice of transboundary water lar in Southern Africa: The case of Okavango river basin(University of Namibia, 2021) Mapaure, CleverThe exponential rise in global population and its growing resource needs has led to an inevitable geometric rise in demand for water. At the centre of this growing demand is how nations relate to each other in the management of trans-boundary water resources. In analysing state relations in so far as transboundary water management and allocation is concerned, the central concept of equity becomes very important to consider. This dissertation is based on research on the Okavango River Basin, but also considers international law and other relevant comparative jurisdictions and river basins in Southern Africa and elsewhere. In order to answer the research questions, the literature that is applicable to the other river basins is extensively analysed. The research questions for this study moved from the general to the particular and were centred on the definition of equity and equitable water allocation. Also, the study considered the questions as to whether the inclusion of equitable language in transboundary water management and allocation agreements really makes a practical difference in transboundary water law at the basin level and in this light, whether the signing of the water agreements on the use and management of Okavango waters has led to conflict or cooperation. The concluding question focused on how the regime theory can help in understanding of interstate water co-operation and whether based on this understanding, a typology or model for Okavango River Basin can be constructed. The dissertation records some findings which include that the inclusion of equitable language does not in itself connote lack of conflict or cooperation. Further, the signing of water agreements on the use and management of Okavango waters has not been the sole cause of the apparent cooperation. The cooperation that exists is mainly out of political will or based on expectation of some economic benefit. It is emphasised in the dissertation that differences of opinion between the watercourse states are based not only on their legal views, but also on their material political and economic interests. The dissertation highlights many instances which show conflict. This study was mainly desk-based and followed a mixed methodological approach. The analysis of data was based on some inductive strategy. The result of these methodologies and research paradigms was the development of a Five Pillar model out of the understanding from the regime theory. Based on this model, two Model Agreements applicable to the Okavango River basin were drafted and attached to the Dissertation as Annexes.Item The economic viability of emerging commercial farmers under the resettlement programme(2020) Lendelvo, Selma M.; Shapi, Martin K.; Mapaure, CleverLand reform programmes have been embarked upon by some African governments to address land inequalities after gaining independence from their colonial masters. Land redistribution to the land poor and from large-scale farmers to small-scale farmers is thus robust, both theoretically and empirically. The Government of the Republic of Namibia (GRN) committed to addressing the skewed land ownership that prevailed for over a century in the country by introducing land reform programmes after independence. The National Resettlement Policy, the Agricultural (Commercial) Land Reform Act (No. 6 of 1995) and the Communal Land Reform Act (No. 5 of 2002) are the key instruments that guide land reform in the country, particularly concerning the acquisition of farmland for redistribution purposes. Secure land tenure is a necessary but not sufficient condition for the socioeconomic development of any society. Historically, many Namibian people were dispossessed of their land to pave the way for the establishment of largescale commercial farms with freehold title for settlers. This practice resulted in many Namibians being confined to small-scale communal subsistence farming characterised by low returns and insecure land rights. The land redistribution programmes aimed at ensuring fair land distribution among all Namibians and the integration of previously disadvantaged Namibians into the mainstream of the country’s economy. The Affirmative Action Loan Scheme (AALS) provides subsidised loans to previously disadvantaged Namibians enabling them to 36 • “Neither here nor there”: Indigeneity, marginalisation and land rights in post-independence Namibia acquire commercial farms and engage in large-scale farming, while the National Resettlement Programme (NRP) targets small-scale commercial farmers. While recognising that secure land rights are not the panacea for all shortcomings in agricultural productivity, this paper seeks to document factors influencing the economic viability of the resettlement programme in Namibia. This is done by analysing the ability of leasehold agreements granted to resettlement beneficiaries by the Ministry of Land Reform (MLR) to attract investment and subsequently trigger agricultural productivity, as well as by establishing other promoters contributing to this throughput. It is found that there has been improved productivity at the resettlement farms, but that there is still a lot of room for improvement. The current interventions by the stakeholders involved in land reform therefore have to be buttressed by more innovative efforts and also by the cooperation of the farmersItem