1

Linking Land Tenure and Use for Shared Prosperity- the case for Lesotho

By

Mahashe Armstrong Chaka

Director General & Chief Executive - LAA

Country Brief

STATISTIC

Area 30,355 sq km

Population

Approximately 1,936,181 (July 2013 est.)Capital city Maseru 220,000 27.6 % urbanized population (2011)

Geography mostly highland with plateaus, hills, and mountains

LocationSurrounded by South Africa, land locked, 29 30 S, 28 30 E

GDP (WB 2012 estimate)

GDP Total $ 4.131 billion (2012 est.)GDP (PPP): $ 2.439 billion (2012 est.)Per capita: $2,200 (2012 est.)

Est. # of properties 420,000

Registered properties

18,000

Total area registered

1,260 sq km

2 Lesotho

Land in Lesotho

3 Lesotho

- Land in Lesotho is vested in Basotho Nation (section

107 of the Lesotho Constitution 1993), and as such

cannot be privately owned.

- The occupants of land have restricted rights in that

they only enjoy rights to utilise the land and its

resources.

- Land is thus inalienable and this is stated under

section 4 of the Land Act No. 8 of 2010. The

registration of titles to land under the legal system of

Lesotho does not confer the right of ownership, but

the right of title to occupy and utilise the land and its

resources.

- The lease period for residential purposes is 90 years

and 60 years for commercial use.

Sources 0f Law in Lesotho

4 Lesotho

- the Constitution

- legislation (statutes)

- precedent (court decisions)

- common law

-customary law

- indigenous law

- works of modern authors

Lesotho Land Related Laws

5

•Deed Registry Act 1967, as amended by Act 13, 2012

•Land Survey Act 1980 (amended Act No 15 of 2012)•Land Valuation and Rating Act 1980•Land Act 2010•Land Administration Authority Act 2010•Local Government Act No 6, 1997•Town and Country Planning Act No 11, 1980•Environment Act, 2008

Major Land Related Laws

•Law of Contract•Law of Property•Roads Act No 24, 1969•Family Act•Legal Capacity of Married Persons Act No 9, 2006•Law of Inheritance and Succession•Children's Welfare and Protection Act 2011•Role of the Master of the High Court in the Protection of Estates left with Minor Children

•Law of Delict (Torts)

Other Supporting Laws

•Deed Registry Regulations, 1967•Chief Surveyors Directions ,1980•Land Regulations, 2011 as amended

Regulations and Directions

Land Related Laws in Lesotho

Land Administratio

n Reform Project(LARP)

GoL & MCC in USA (2007)

(1st) COMPACT

Land Act 2010 Done (repealed 1979 Act)

LAA Act 2010 Done (new)

Sectional Titles BillApproved by Cabinet and Parliament – to be tabled in the Upper House (Senate)

55,000 – parcels (target)

49,500 – parcels to date

Time to get a lease 30 – 60 days ( from 365 days +)

Time to register property

4 days (from 365 days +)

Women holding titles 74% since 2011

Bonds and MortgagesAll commercial banks continue to exceed their lending book targets since 2011

Survey 20- 40 days (from 365 days +) –now done by private surveyors (used wait for survey instructions from Chief Surveyor )

6 Lesotho

Land Governance Assessment Framework

(LGAF)

LGAF AttributeLesotho

OverviewG-good: A-

average: F -fair

Challenges

Legal and Institutional Framework

Good3 - other ministries of natural resources, agriculture & forestry

Land Use Planning, Management and Taxation

Average Land management side not yet reformed – after the LARP

Management of Public Land

Fair Bureaucratic Government process

Public Provision of Land Information

Average Access to print media & private radio stations

Dispute Resolution and Conflict Management

GoodLAA does mediation ONLY. Arbitration still requires the lawyer – which defeats the pro-poor initiatives

7 Lesotho

Land Governance as outlined by Deininger, Selod and Burns : 2012 (The Land Governance Assessment Framework - Identifying and Monitoring Good Practice in the Land Sector)

FIG fit for purpose

The thematic areas will be analysed using the FIG fit for purpose

1. Spatial Frame Work (Survey)

2. Legal Frame Work

3. Institutional Framework

8 Lesotho

SurveyMaximizing

benefits from spatial data

9 Lesotho

Developing country

Challenge: currently there is one CORS. It is clearly overloaded

Work In Progress 2015Continuously Operating Reference System -CORS

Legal Framework

A review of these laws to enable Shared Prosperity is mandatory

Deed Registry Act 1967, as amended by Act 13, 2012

Land Survey Act 1980 (amended Act No 15 of 2012)

Land Valuation and Rating Act 1980

Land Act 2010

Land Administration Authority Act 2010

Local Government Act No 6, 1997

Town and Country Planning Act No 11, 1980

Environment Act, 2008

Agricultural Act 10 Lesotho

Ten principles to be followed when reviewing the laws

1. Human Dignity

2. Non-discrimination

3. Equity and Justice

4. Gender Equality

5. Holistic and sustainable approach

6. Consultation and participation

7. Rule of Law

8. Transparency

9. Accountability

10. Continuous Improvement

11 Lesotho

As outlined by Voluntary Guidelines on the Responsible Governance of Tenure by Food Agricultural Organisation and (FAO) and Committee on World Food Security (CFS) :2012,p4

The Process

to be followed

:Program

Logic

12 Lesotho

Inputs : (financial, human and material)

Activities : ( tasks personnel undertake to transform inputs into outputs)

Outputs: (program products including those relevant to the achievement of outcomes)

Outcomes : ( likely or achieved short to medium-term effects from outputs in fulfillment of purpose)

Impacts: (long-term effects , directly or indirectly, intended or unintended , against purpose)

Adapted from: Markeiwicz and Associates (Monitoring and Evaluation Core Concepts)

Institutional

Framework

13 Lesotho

LAA – functional (cadaster and registry) – however land management and allocation still a challenge

Survey Profession – currently not well organized in terms of managing the profession.

LIV – Lesotho Institute of Valuers – work in progress in terms putting together the profession and its conduct.

Land Cover Maps – currently FAO is undertaking the upgrading of the cover maps

SAA – Selected Agricultural Area is provided for in the current LAA Act 2010 – but has not been utilized for shared Prosperity due to lack formal titles linking individual’s rights to their land.

Block Farming – Government program that is hampered by inefficient management and red tape – and no notable impact on shared prosperity

Shared Prosperit

y in Lesotho :WATER

14 Lesotho

Lesotho Highland Water Project :

free primary education became a reality

Increased power grid

Substantial contribution to the GDP

Improved Road Infrastructure

Conclusion

15 Lesotho

Lesotho like other countries has to deal with

priorities among governance reforms and

check if governance reforms are as

important as other kinds of changes.

Priorities can be better if there is more

understanding about which actions produce

more results in terms of efficiency,

effectiveness, and responsiveness. In order

to Link Land Tenure and Use for Shared–

Lesotho has to consider adopting a Land

Sector Evaluation Policy.