Linking Land Tenure and Use for Shared Prosperity- the case for Lesotho By Mahashe Armstrong Chaka Director General & Chief Executive - LAA 1

Country Brief STATISTIC Area30,355 sq km Population Approximately 1,936,181 (July 2013 est.) Capital city Maseru 220, % urbanized population (2011) Geography mostly highland with plateaus, hills, and mountains Location Surrounded by South Africa, land locked, S, E GDP (WB 2012 estimate) GDP Total $ billion (2012 est.) GDP (PPP): $ 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 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Land Administration Reform Project (LARP) GoL & MCC in USA (2007)(1 st ) COMPACT Land Act 2010Done (repealed 1979 Act) LAA Act 2010Done (new) Sectional Titles Bill Approved by Cabinet and Parliament – to be tabled in the Upper House (Senate) 55,000 – parcels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 lease30 – 60 days ( from 365 days +) Time to register property4 days (from 365 days +) Women holding titles74% since 2011 Bonds and Mortgages All commercial banks continue to exceed their lending book targets since 2011 Survey 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 Attribute Lesotho Overview G-good: A- average: F -fair Challenges Legal and Institutional Framework Good 3 - 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 Good LAA 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

Survey Maximizing benefits from spatial data 9 Lesotho Developing country Challenge: currently there is one CORS. It is clearly overloaded Work In Progress 2015 Continuously 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 Prosperity 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.