Number 81 March 1985 ACCESS TO AGRICULTURAL LAND AND COMMUNAL LAND MANAGEMENT IN EASTERN BOTSWANA by 0rnulf Gulbrandsen AN INSTITUTE FOR RESEARCH AND EDUCATION ON SOCIAL STRUCTURE, RURAL INSTITUTIONS, RESOURCE USE AND DEVELOPMENT LAND TENURE CENTER 1300 University Avenue U.S. ISSN 0084-0815 University of Wisconsin Madison, Wisconsin 53706 ACCESS TO AGRICULTURAL LAND & COMMUNAL LAND MANAGEMENT IN EASTERN BOTSWANA by f rnulf Gulbrandsen University of Bergen APPL IED RESEARCH UNIT MINISTRY OF LOCAL GOVERNMENT AND LANDS REPUBLIC OF BOTSWANA LAND TENURE CENTER UNIVERSITY OF WISCONSIN-MADISON March 1985 INTRODUCTION This paper is one of thirteen reports produced by the Botswana Local Institutions Research Project. The project was a collaborative effort by the Land Tenure Center and the Applied Research Unit of the Ministry of Local Government and Lands. Earlier versions of these reports were published in Botswana by the Ministry, in limited numbers. LTC is reproducing them in its publication series to ensure the availability of some excellent primary information on Botswana to scholars in the U.S. and elsewhere outside Botswana. The research product is in three parts. The results of a local institutions inventory are presented in the first five reports. A later research phase, focused on local institutions and resource management, is represented by the next six reports. Finally, there are two summary reports, directed to policy-makers. LTC wishes to express its appreciation, first, to the Project Coordinator, Louise Fortmann. Vast amounts of her thought and energy have gone into this project, and in retrospect, we feel that few others could have made so much of this research opportunity. Second, LTC is grateful to the members of the research team, the authors of these reports. Their exceptional commitment to the research shows in the product. LTC wishes to thank the Ministry of Local Government and Lands, and particularly the staff of the Ministry's Applied Research Unit. LTC is grateful to the three Permanent Secretaries during whose tenure the research was carried out: B.K. Temane, Sam Mpuchane, and Peter Molosi. We are particularly appreciative of the efforts of two successive heads of the ARU. Dr. Stephen Turner, who was Head of the Unit at the inception of the project and throughout most of the field research, played a major role in the planning of the project. Ms. Nomtuse Mbere, the current Head, saw the project to completion and through the all-important review and policy discussion stages. Their support and encouragement was unstinting. Finally, the research was funded by AID/Gaborone through its Rural Sector Grant. The project would, of course, not have been possible without this funding, but it also benefited greatly from the active interest and involvement of John Pielemier, project officer during the formative stages of the project, and his successor, Laurier Melleux. John W. Bruce Africa Program Coordinator REPUBLIC OF BOTSWANA 4~ 0 Distrec Boundary 0 a 200 ieei National Park DOTSWAAR 2'2P 2?2- 23r 24r 28, 2r' ,2802 17 I A / ANGOLAANGOL NZ Z A MM B I w 6 mo.e .00. ' OOI w Nr •/ 0 *44% z I , -__-_ -(--_ 1 RHODESIA , Gu re t . ..... ... I N k I LD,A N " pl -201 1 -20, emmNNW a 2p2E -M..w " Oraps Froancistown Ghonz, " •.C E N 7 R A L"- 22- 0 am-,. G H A N Z I\,Seleli-Pikw •S €.,,. \.. +-, erow 2ow V.A A.^.A.... 240 Tehom24*REPU~LISTO 27"" \' "Mm .d ,,26" 2 27'- €GOVIN"IEOF OTS ft 0.mw by oVw pnmeofmew*"sold $ t.nfdb. Globam 2P22? 23? 248 2v' 26 27* 2r' 221 TABLE OF CONTENTS Page Preface iii Terms of Reference iv Summary of Conclusions and Recommendations v 1 ° INTRODUCTION 1 2. LEGISLATIVE ASPECTS 3 2.1 Traditional Land Tenure 3 2.2 The Tribal Land Act 4 3. PRESENT LAND MANAGEMENT 5 3.1 The Arable/Grazing Conflict 5 3.2 The Role of Traditional Headmen/Lands Overseers 6 3.3 On the Use of 'The Five-Year Rule' 11 3.4 Final Remark 13 4. THE MAJOR AVENUES OF ACCESS TO LAND 14 4.1 Inheritance--Family Transfers 14 4.2 Land Allocations 16 4. 3 Extra-Family Transfers of Land 17 4.4 Final Remarks 19 50 BANGWAKETSE 19 5.1 Introductory Remark 19 5.2 Eastern Bangwaketse (except the north-eastern area) 20 5. 3 North-eastern Bangwaketse 31 5.4 Access to Arable Land in Central Bangwaketse 32 5.5 Pasture Deterioration and Encroachment 36 6 KGATLLENG 41 ii Page 7. BAROLONG 44 7.1 Introduction 44 7.2 Declining Use of Arable Land? 46 7.3 Trends in the Demand for Land 50 7.4 Land Board Responses 52 7.5 Pasture Encroachment 53 7.6 From Differentiation to Polarisation 54 8. SOUTH-EAST DISTRICT 56 9. CONCLUSIONS AND RECOMMENDATIONS 60 10. A TENTATIVE PROPOSAL FOR ARABLE LAND ADMINISTRATION 69 References 78 iii Preface The study on which this report is based was carried out between mid- November 1982 and the end of January 1983. Its Terms of Reference, which can be found on the following pages, were developed and specified through several meetings with the Land Access Reference Group of the Ministry of Local Government and Lands (MLGL). With this group, also, some of the findings, preliminary analyses, and tentative recommendations were discussed. The principal area of research has been the Bangwaketse in the South- ern District where a relevant fraction of an earlier sample of households was reviewed. In this tribal area, particularly, but also in some other areas--Barolong, Bamalete, Tlokweng, and Kgatleng--a wide range of people was interviewed. In addition to various categories of farmers, interviews and discussions were held with tribal leaders on all levels, Land Board members and staff, agricultural extension staff, District Administration staff, District Councillors, and District Council staff. On the central Government level, officers of the Ministry of Local Government and Lands were interviewed, in addition to discussions held with researchers of the University of Botswana. All these people readily responded to my numerous enquiries and provided me with all kinds of assistance which I hereby sin- cerely acknowledge. Practical assistance as well as professional responses were continually extended to me by the Applied Research Unit and the Lands Division of the Ministry of Local Government and Lands. In particular, I benefitted from discussions with Louise Fortmann, Barulaganye Machacha, Mark Marquardt, Morris Nyathi, and Stephen Turner, and from the editorial assistance of John Bruce and Louise Fortmann of the Land Tenure Center. My thanks are also due to the Hon. Bathoen Gaseitsiwe, M.P.p the Bangwaketse kgosi Seepapitso IV, E.K. Gaboutloeloe, and P.M. Sebotho. Finally, I am particularly grateful to all my Bangwaketse friends who, again this time, received me and my enlarged family with their usual hospitality and kindness. The views expressed here are of course my own and not necessarily those of the Ministry of Local Government and Lands. 0rnulf Gulbrandsen 23 June 1983 iv Terms of Reference 1. The study will make particular reference to the Bangwaketse area, but the researcher will also visit the Kgatleng, Batlokwa, Bamalete, and Barolong areas to discuss the issues below. The project reference group will make preliminary contacts in these areas seeking some of the information the research may require. As far as available data permit, the researcher's analysis of these issues should make comparative reference to these areas in addition to the Ngwaketse situation. 2. Test the hypothesis that: a) female headed households, b) households headed by men under 40, are less likely to have access to arable land. 3. In the course of testing this hypothesis, review access strategies open to and analyse the influence of lineage structures and extended family links upon access to arable land. What is the extent and significance of family transfers of land, both now and in the foreseeable future, relative to overall arable access requirements? Are family land needs generally satisfied by intra-family access mechanisms? When intra-family transfers of arable land take place, what is the size of these family sub-divisions, and is it viable? Do Land Boards take family size into account when considering arable allocations, on the assumption that parts of the household will subsequently be reallocated to the applicant's children? 4. In the light of this analysis, develop an overall model of access strategies and mechanism for arable land, commenting upon the strengths and weaknesses, prospects and policy implications of each part of the model. This should lead to a refinement of the concepts of access and landlessness, with an assessment of the prevalence of the latter. 5. Make policy recommendations to the Ministries of Local Government and Lands and Agriculture and to Land Boards. Put land availability in context relative to the range of other factors necessary for arable production in the communal areas, with particular reference to ALDEP and land related policies of the Ministry of Agriculture. How far should Land Boards take family transfers into account when allocating arable land? Should they in the future make such allocations on the assumption that this transfer mechanism will continue to function? Make other policy recommendations as appropriate. V Summary of Conclusions and Recommendations Conclusions: 1. There exist households which have no land. These include: a) impoverished households which lack resources to cultivate and so have not applied for land; b) recently established households which have not yet requested landl c) some rural-based people with salaried employment who have not yet obtained land; and d) a few female-headed households refused allotments from parental holdings. 2. While in even the most populous areas some unallocated arable land is still available, land scarcity is developing.