Customary Land Delivery Systems in Botswana

Abstract

Land is central to the development of any nation and, therefore, the way and manner through which it is procured and accessed for the welfare of the people becomes of paramount importance. While numerous countries in Sub-Saharan Africa have adopted freehold and other foreign land tenure systems, Botswana is one of the few countries that has retained its customary land delivery systems notwithstanding its far-reaching socio-economic and political transformations. The country has, however, introduced laws and institutions (such as the Tribal Land Act and the Land Boards) to modernize the customary land delivery system. The aim of this Chapter is to examine and assess the evolution of customary land tenure system in Botswana and the effectiveness the modern laws and institutions. The study examines the rules, procedures and processes for acquiring and transferring customary land rights in Botswana as well as the strengths and weaknesses of formal and informal land delivery mechanisms that have emerged as a result of the commoditisation of customary rights. The role of Land Boards and the Tribal Land Act in land accessibility will be closely examined and critically analysed. The study concludes with recommendations on how the customary land delivery system may be enhanced.