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Legal Update
Does the Tribal Land Act affect the way you buy Tribal Land as a non-citizen?
Can foreigners own tribal land in Botswana?
The Tribal Land Act provides that no lane beard shall grant tribal land to non. citizens, unless that person has obtained a special exemption, or is 2 member of any class of persons that have been specially exempted, by the Minister of Land Management, Water and Sanitation Services in writing, Further, non-citizens are limited to ownership of tribal land by way of common law ease.
The following formalities apply:
Before granting of customary land rights, during consideration of an applicator to she land board, the land beard or subordinate lane board must ensure that (a) the land is not subject to rights in favour of a person; {b) the land is available far the use appliad for by the applicant: (2) the size of the lenc epplied for and its location are suitable for the proa0sed use; and {d) the applicant is eligible tx he allarated the land
After confirming all of the above requirements, the relevant land board or Subordinate land board shall, consider whether and, if so, on what terms and conditions, including the appropriate consider
ation to be paid by the applicant, it is disposed to grant the land applied for.
This means that holders of certificates of customary land grant, or those tat occupy tribal land under a common law lease, are required to re-register these rights with the relevant land board, The effect of this transition is not to disempower nor is it to discourage ownership of tribal land, hover, it has the effect of encouraging ownership of tribal lane by giving citizens more incentive and better title to tribal land, by requiring that they hold a Deed and not a mere certificate or lease.
