The Kavango West Communal Land Board investigated 43 cases of illegal fencing last year – the majority of which stemmed from land allocations supported by traditional authorities.
This is according to Justine Milinga, the deputy director of the division of lands in the Kavango West region under the Ministry of Agriculture, Fisheries, Water and Land Reform.
Milinga says 40 of the 43 cases were referred to the Mbunza and Ukwangali traditional authorities for adjudication and resolution, while three were submitted to the land minister for removal.
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“Based on the merits of each case, the board investigates reports of illegal fencing received, and the findings will determine whether or not to refer such cases to the traditional authorities for adjudication and resolution,” she says.
An additional three cases submitted to the minister before 2025 are currently with the National Youth Council (NYC) for removal before the end of the fourth quarter of the 2025/26 financial year.
The board faces challenges in addressing illegal fencing, as offenders often refuse to voluntarily remove their structures after being notified, Milinga says.
Appeals against board decisions also delay action, as the board can only proceed once appeals are finalised and judgements delivered.
“The illegal sale of land is the biggest challenge,” she says.
A key issue identified is the involvement of traditional authorities.
Milinga says the majority of illegal fencers are in possession of consent letters from traditional authorities, indicating that such allocations have official support.
“The board does not have issues with the allocations, but only with the illegal fencing.
The board expects that when allocations are done by traditional authorities, the people allocated such land must be informed that illegal fencing is not allowed,” she says.
The board permits the fencing of homesteads, gardens, crop fields, boreholes and kraals, but prohibits the fencing of common areas, where communities depend on grazing, browsing, the collection of wild fruit, medicinal and other customary land uses.
When complaints are lodged about such fences, it indicates that people are being obstructed or deprived of access to common areas.
Where proper procedures were not followed to obtain authorisation, removal notices are issued after investigation.
Milinga says the board works with the NYC as the contracted entity to carry out the removal of illegal fences when resolutions by traditional authorities point to their removal.
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