Armstrongs Attorneys
LAND TENURE IN BOTSWANA
INTRODUCTION
Botswana has a distinct system of land tenure and
ownership as regards land in urban areas, land in tribal
areas and agricultural land.
During the early 1970's the Government of Botswana
enacted the State Land Act in terms of which it was
decreed that all land not privately owned in terms of the
titles registered in the Deeds Registry would be dealt with
Agricultural land is subject to control under the Land
Control Act and there are restrictions on non-citizens
owning or taking security over agricultural land
A brief account of the salient features of some of the forms
of Botswana Land tenure is set out below.
STATE LAND
State land is owned by Government of Botswana under
the State Land Act Cap 32:02 and is found in rural and
urban areas. The land distribution is done by the
Attorney General with assistance from the Department of
Lands under the Ministry of Land and Housing.
Allocations have been in the form of Deeds of Grants,
Fixed Period State Grants and Certificate of Rights.
Certificates of Rights are administered by the Self-Help
Housing Agency (SHHA) under each town or city council.
DEED OF STATE GRANT
as state land. After the Act was introduced, the state
divided up the various urban areas into extensions for
industrial, commercial and residential purposes.
All extensions in townships and urban areas are delineated
in general plans reflecting the co-ordinates and areas of
each individual plot of land and the general plans are filed
at the Deeds Registry in Gaborone.
In addition to state and privately owned land there is also
tribal land. Tribal land is under the control of various land
boards set up under the Tribal Land Act and they have,
subject to approval by the Ministry of Lands and Housing,
rights of allocation to citizens and non-citizens.
Finally mention needs to be made in this introduction of
agricultural land. This is normally freehold land in an
agricultural area. Agricultural land is subject to control
under the Land Control Act and there are restrictions on
non-citizens owning or taking security over agricultural land
subject to approval by the Ministry of Lands and Housing.
After the enactment of the State Land Act, Deeds of State
Grant were issued in terms of which the holder of the Deed
to all intents and purposes became the full owner in
perpetuity of the property. The holders of Deeds of State
Grant are also free to sell, lease or mortgage their
properties to citizens or non-citizens and there is no time
limit to this kind of title. Towards the end of the 1970's
however the issuing of Deeds of State Grant was
discontinued and it is unlikely that any further Deeds of
State Grant will now or in future be issued.
DEED OF FIXED PERIOD STATE GRANT
State land in urban area is currently allocated or made
available through Deeds of Fixed Period State Grants.
These Deeds are issued in respect of plots in urban areas
that have been surveyed. Deeds of Fixed Period State
Grant provide the grantee with absolute rights of disposal
over the relevant property subject however to compliance
with the development covenant in the Deed. The grant is
generally fixed for a period of 50 or 99 years.
Until the development covenant is complied with, the
holder of the Deed may lease or mortgage the property but
is not permitted to transfer it except to the State. The
development covenant usually requires a building up to a
specified value to be completed within a period of two
years following the registration of the Deed.
On the specified development being completed, a
certificate of compliance is issued by the Department of
Surveys and Mapping and the Grantee is there upon at
liberty to sell and transfer the land.
If a holder fails to comply with the development covenant,
they may be obliged to sell the property back to the
government at a percentage of the original purchase price.
Each Deed of Fixed Period State Grant specifies that on
expiry of the fixed period of Grant, the property shall revert
to State without any compensation being paid (whether in
respect of improvements thereon or otherwise).
CERTIFICATE OF RIGHTS: SELF HELP HOUSING
AGENCY
In order to assist the lower income groups to obtain houses
the Self Help Housing Agency (SHHA) in each town in
Botswana allocates portions of land averaging
approximately 400 square metres to citizens. Such land is
not subject to title deeds registered at the Deeds office and
is held in terms of certificates of rights.
The owner is, with the consent of the relevant township
authority, at liberty to sell, lease or otherwise alienate such
property. However a mortgage bond cannot be taken over
such property as it is not subject to any formal diagrams.
immovable property. Where only a portion of registered
land is to be leased under a long-term lease, then a
diagram preferably approved by the Director of Surveys
and Mapping must support the application for registration
of such lease. Subject to the Land Control Act (see below)
a holder of land held under a Deed of Grant, a Deed of
Fixed Period State Grant or a Deed of Transfer can effect
or enter into a long lease (and register same) with any
person (citizen or non-citizen). Once registered the holder
of a long lease may sublet the land or register a mortgage
bond against such lease.
FREEHOLD LAND
Freehold land is held in perpetuity and the owner is free to
sell, lease and mortgage the property to citizens and noncitizens subject to the Land Control Act 32:11. . The
freehold title is inheritable, freely transferable, and
registerable and does not lapse with time. State or tribal
land is not capable of being freehold land.
SECTIONAL TITLES
The Sectional Titles Act, No. 7 of 1999 introduced a new
form of ownership in immovable property in Botswana,
namely the concept of sectional ownership of Buildings.
Sectional title gives a holder of such title real rights in
and to a specific portion of a building (a “section’),
combined with a type of co-ownership in the common
areas of such building Sectional ownership is
increasingly being used in Botswana to deal with a
growing shortage of land in urban areas and the tenure
problems associated with multiple ownership in parts of a
building.
TRIBAL LAND
CONVERSION OF CERTIFICATES OF RIGHTS INTO
FIXED PERIOD STATE GRANTS
A holder of a SHHA Certificate of Rights can convert such
certificate or interest into Fixed Period State Grant provided
that
the property has been properly surveyed and is
connected to water, electricity and sewerage services. ,
Such conversion is achieved by way of an application to
the Attorney General's department.
All land in rural areas, with the exception of land owned
under freehold title or State land, is owned by the
Government of Botswana and vested in various land
boards established under the Tribal Land Act. Each land
board has a specific area of jurisdiction and subject to the
approval of the Ministry of Lands and Housing has rights to
allocate land to citizens and non-citizens.
CUSTOMARY GRANTS OF TRIBAL LAND
REGISTERED LEASES
In terms of the Deeds Registry Act of Botswana Cap 33:02,
any lease over land, capable of running for 10 years or
more and registered at the Deeds Registry is treated as
This form of grant is available only to citizens and is made
by the land board to citizens only for a certain number of
years. Property held under a Customary Grant is not
capable of being encumbered. However, on application
being made to the Land Board and subject to a survey of
the property having being conducted and a diagram in
respect thereof having been approved by the Director of
Surveys and Mapping, a Customary Grant may be
converted to a Common Law Grant of lease. (See below)
and the land subject to such grant can then be mortgaged.
AGRICULTURAL LAND –LAND CONTROL ACT
COMMON LAW GRANTS/ AGREEMENTS OF GRANT
OF LEASE OF TRIBAL LAND
Agricultural land may not be sold or leased to a non-citizen
or a company in which less than 51% shares are held by
non-citizens except with the consent of the Minister of
Lands and Housing.
Common Law Grants of lease are referred to as
Agreements of Grant of Lease and are made by the land
board to citizens or non-citizens (grants to non-citizens
however require the specific consent of the Minister of
Lands and Housing.) Such leases are granted for periods
of anything between 15 to 99 years and once they are
registered in the Deeds Registry, mortgage bonds may be
registered in order to secure loans.
Agricultural land in Botswana is usually held under Deeds
of Transfer. However in areas adjoining urban areas, long
leases over portions of Agricultural Land are often granted
by the Lessor and such leases may be mortgaged.
CONCLUSION
The above is meant only as a brief introduction to the land
tenure system in Botswana. The information given is
general and professional advice should be sought before
any action is taken.
ARMSTRONGS ATTORNEYS
In order for the lease to be registered, the leased area must
be surveyed by a registered surveyor and the diagram
approved by the Director of Surveys and Mapping and an
application be made to the Deeds Registry for registration
of the lease.
Updated 2012
DISCLAI MER
The material contained in this article is provided for general information only and should not be regarded as constituting professional
advice by the partners or any employee of this firm.
By reason of the fact that every situation in respect of which legal or professional advice may be required has a unique set of facts
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