Leasehold Business Purpose Leasehold Business Purpose

Introduction
Section 31 of the Communal Land Reform Act (CLRA) of 2002 stipulates that any person who wishes to use communal land for businesses purpose must apply in the prescribed manner to the land board concerned for the allocation of a right of leasehold. This article therefore explains the procedures that ought to be followed in the application of rights of leasehold on communal land.

 

Step 1: Identification of the Land
The applicant identifies the land and consults the Traditional Authority and nearby people on the status of the land identified.

Step 2: Completing of an Application Form
The applicant applies for the land by filling in the form prescribed application form (Form 5). The applicant submits the completed application form to the board after obtaining a letter of consent from the Chief or Traditional Authority (TA) in whose area the land is situated. Without the letter of consent, the board cannot consider the application. The application must be accompanied by all information required for considerations including a receipt of proof of deposit of a non-refundable application fee of N$25.00.

 

Step 3: Consideration of the Application by the Land Board
Once the Board receives the application, the Secretary checks the application for details. During consideration of the application, the Board may investigate the following:

  • Whether the size conforms to the prescribed 50 ha.
  • Whether the applicant leases another land elsewhere.
  • Other land rights the applicant may have.

 

Step 4: Granting or Refusal of the Application

After thorough consideration of the matter (application), the board will either: Grant/approve the application Refuse the application Refer the application to the Minister if the size exceeds 50 ha and the duration is more than 10 years.

 

Step 5: Signing of Deed of Leasehold
Once a right of leasehold is granted and a deed of leasehold must be signed between the applicant and the board.

Step 6: Registration of Right of Leasehold
Once the right is granted and a deed of leasehold is signed, all particulars related to such allocation must be entered into the register and the holder must be issued with a certificate of registration.