Appendix: Chronology of conservation legislation and key policies relevant for “Etosha-Kunene”, Namibia
|
Date |
Legislation / policy |
Conservation Focus |
|
1892 |
Regulations for commercial hunting issued |
The German colonial administration begins restricting ivory exports from South-West Africa’s coastal harbours.1 |
|
1896 |
Ostrich hunting season extended from 1 August to 31 November.3 |
|
|
1902 |
First government ordinance for controlling hunting is proclaimed and signed by Governor Von Estorff:4 Verordnung betreffend Jagd der Ausübung der Jagd in Deutsch-Südwest Afrika Schutzgebiete [Ordinance Concerning the Exercise of Hunting in German South-West Africa Protected Areas] |
The Ordinance stated that:
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|
1907 |
Proclamation 88, issued on 22.3.1907 by Imperial Governor of Deutsch Südwestafrika, Dr Friedrich von Lindequist:7 |
This proclamation made it possible for three ‘Game Reserves’ (Wildschutzgebiet) to be proclaimed.9 Economic motivations were clearly articulated in the explanatory paper for establishing the Game Reserves: ‘[e]verybody knows how much economic value game has in the country. In some cuisines, only game is served as fresh meat. Also the utility value of the skins for blankets and for making straps and whips is known to everyone. Unfortunately, it is impossible to make statistics, but if one wanted to calculate the many hundredweights of game captured in the country every year on the basis of average slaughter prices, it would be estimated to be more than 200,000 m. If you take this sum as an annual pension, the capital involved would mean a fortune of many millions of dollars that we have in our game stock. We all receive this pension free of charge from the country, and so our wildlife provides a very significant part of our common wealth, which every inhabitant of the reserve should be scrupulous about protecting, as it is in the interest of every individual. [...] The benefits that the game reserves would bring to the country would be as follows: centres would be created where game would have to be moved from the grazing areas there and would be brought to farms where it could be shot and exploited. African game is very variable and so the supply of game from the reserves could be extended to areas far from the reserves... The reserves indicated as 1-3 include areas which, for the most part, are not, or temporarily not, suitable for farming. Farms which are located within the reserves or which would later be sold, for example, enjoy the exemptions of § 7.’10 Of these reserves, Game Reserve No. 2 – at the time, the largest conservation area in the world – stretched from Etosha Pan to the coast and included Kaokoveld (today’s northern Kunene Region), removing the potential threat of settlement by white farmers – see Figure 1.14.11 Hunting was prohibited in the Game Reserves ‘without written permission of the district office’ and vehicle traffic was also prohibited.12 |
|
1909 |
Verordnung des Gouverneurs von Deutsch-Südwestafrika, betr. Die Ausübung der Jag im deutsch-südwestafrikanischen Schutzgebiet, KolBl 1909, 376, 15.2.1909 [Decree of the Governor of German South West Africa concerning the exercise of hunting in the German South West African protectorate] Amendments made to 1902 hunting ordinance |
Amendments made:
The 1902 ordinance plus amendments remained in force up to occupation of the territory by South African forces in 1915, and was technically still in force until new Union of South Africa legislation of 1921.18 According to Section 1, ‘Wild animals’ are considered res nullius: ‘[h]unting is defined in terms of this Ordinance as far as they can be considered res nullius in accordance with the relevant provisions of statutory law’.19 |
|
1916 |
Ordinance 1 of 1916 |
The German Proclamation of 1907 regarding game reserves is repealed by Ordinance No. 1 of 1916 which amends and reconfirms the borders of Game Reserve No. 2.20 |
|
1916 |
Proclamation 2 of 1916 |
Masters and Servants Proclamation aimed at the ‘systematization, formalization and centralization of labour relations’.21 |
|
1916 |
Proclamation 10 of 1916 |
This is the first law in the territory to protect a plant, specifically the Namib desert plant Welwitschia mirabilis, especially in Game Reserve No. 3.22 |
|
1916 |
Proclamation 15 of 1916 |
Decrees that no person can ‘cross the line marking the Police Zone without permission’.23 |
|
1919 |
The Prohibited Areas Proclamation, 15 of 1919 (22.3.1919) |
Confirms the existence of the three Game Reserves proclaimed in 1907 with permanently manned police posts established at Namutoni and Okaukuejo, and controls entry into Owamboland and Rehoboth.24 |
|
1919 |
Treaty of Peace and South West Africa Act, 49 of 1919 |
Land held by the German colonial administration becomes Crown or State land of South West Africa, ‘with the South Africa Parliament retaining authority over land rights’.25 |
|
1920 |
Proclamation 25 of 1920 |
Vagrancy Proclamation: made it an offence for Africans to move around in the Police Zone without ‘visible lawful means of support’, namely either 10 cattle or 50 small stock.26 |
|
1921 |
Game Preservation Proclamation for South West Africa, 13 of 1921, based on the 1902 Ordinance for controlling hunting, which remains in force until this year. |
Enacted by the South African Administrator and introduced the categories of ‘Royal Game’, ‘Big Game’ and ‘Small Game’, with permission to hunt Royal game only obtainable from the Administrator and hunting other than shooting permitted if allowed by the Administrator (Section 4(1)).27 Hunting ‘other than by shooting was allowed when especially permitted by the Administrator’ (Section 9(1)).28 Hunting and game protection was thus regulated, and made the responsibility of the South African police,29 as had also been the case in the German colonial period (see Chapter 1).30 |
|
1921 |
Fencing Proclamation, 57 of 1921 |
Continues to be invoked in the 2017 Protected Areas and Wildlife Management Bill (Art. 1(1), p.9), regarding standards prescribed for an ‘adequate stock fence’. |
|
1922 |
Proclamation, 26 of 1922 |
The First Schedule defines the ‘prohibited areas’, namely the northern areas of the Police Zone – from the Ugab River in the west to the Caprivi strip (now Zambezi Region) in the north-east.31 |
|
1924 |
Game Preservation Proclamation Amendment Proclamation, 7 of 1924 |
Introduces ‘the requirement of a permit by the Magistrate of the respective district for hunting on Crown Land’.32 |
|
1924 |
Native Reserve Regulations, Government Notice 137 of 1924 |
Stipulates the duty to ‘assist in the combating of fire and the eradication of noxious weeds’.33 |
|
1926/1927 |
Game Preservation Ordinance, 5 of 1926[1927?], repeals and replaces Proclamation 13 of 192134 |
The list of protected game species was extended;35 Sections 10, 11, 25 prohibit hunting on crown land (i.e. where African peoples lived) ‘with exception of dignitaries and officials on duty in rural areas’, and hunting restrictions on settler farms were applied henceforth.36 Section 10 provides ‘for the Administrator to issue special hunting permits to members of the public service to hunt while on duty trips’.37 New hunting licence requirements and offtake reporting processes were brought in, with trade in ivory and rhino horn made illegal. Nb. Hunting by Haiǁom in Game Reserve no. 2 was not considered a problem at this time. Special rules for ‘owners and occupiers of land’ with sufficient fences are brought in, allowing them ‘to hunt big game [as well as small game] without a license unless certain restrictions were imposed by the administration’.38 |
|
1927 |
Bantu Administration Act, 38 of 1927 |
Permits Permission to Occupy (PTO) licenses to be granted by government.39 |
|
1927 |
Proclamation 11 of 1927 |
Sought to prevent squatting by limiting the number of people allowed to reside on a farm to five ‘native families’.40 |
|
1927 |
Proclamation, 32 of 1927 |
The Vagrancy Proclamation (32 of 1927) was amended,41 and prison terms for vagrancy were inter alia increased from three to 12 months. |
|
1928 |
Prohibited Areas Proclamation, 26 of 1928 |
Re-proclaims Game Reserves 1, 2 and 3 and for the first time accurately defines their borders with farm-to-farm descriptions within the police zone, waterholes, riverbeds and other administrative borders north of it.42 Hunting permits become available for hunting in the ‘so-called prohibited areas’ beyond the Police Zone, i.e. where most African and Indigenous peoples were living, although ‘an additional permit to the permit required under the Game Preservation Ordinance for hunting game’ was required for entering the prohibited areas in the northern areas of the Police Zone – from the Ugab River in the west to the Caprivi strip (now Zambezi Region) in the north-east.43 Native inhabitants of Kaokoveld with firearms are not prohibited from shooting any species. Section 3(2): Game Reserve No. 2 includes the area around Etosha Pan plus Kaokoveld, and covers a total area of 37,000 square miles. Through border changes of Game Reserve No. 2, 47 farms in the south-east of Etosha were either created or existing farms were cut out of the game reserve.44 The post of Game Ranger of Game Reserve No 2, up to that date assumed by a Captain Nelson, was abolished and the Native Commissioner of Ovamboland, Carl Hugo (Cocky) Hahn took over and acted as a part-time Game Warden.45 |
|
1928 |
Game Preservation Ordinance Amendment Ordinance, 6 of 1928 |
|
|
1928 |
Arms and Ammunition Proclamation revised by Government Notice 2, 12.1.1928 |
The Arms and Ammunition Proclamation was revised to include Bushman bows and arrows under the definition of firearms, making their possession henceforth illegal, although this proclamation seemed to lack the necessary precision for extensive implementation: no fees for licences were ever fixed, nor did Bushmen ever bother to apply for licences.46 |
|
1930 |
Regulations Prescribing the Duties, Powers and Privileges of Chiefs and Headmen, GN 60 of 1930 |
Includes the duty ‘to preserve game and forests and to prevent soil erosion’.47 |
|
1933 |
Convention Relative to the Preservation of Fauna and Flora in their Natural State |
In 1933, colonial powers agreed upon this Convention, one of the first nature conservation agreements for Africa. The Union of South Africa and the United Kingdom were among the signatories.48 |
|
1934 |
Game Preservation Ordinance Amendment Ordinance, 4 of 1934 |
Marked ‘civil servants and police personnel temporarily or permanently stationed beyond the Police Zone possible beneficiaries’ of the Section 10 rule of Game Preservation Ordinance, 5 of 1927.49 |
|
1935 |
Only in 1935 was private farm ownership within the boundaries of Game Reserve No. 2 finally terminated (with one exception – a small piece of land close to Okaukuejo).50 |
|
|
1936 |
Native/Bantu Trust and Land Act, 18 of 1936 |
All land set aside ‘for the sole use of aboriginal natives’ becomes vested in the South African Native Trust.51 PTO type licenses can be granted (see Bantu Administration Act, 38 of 1927).52 |
|
1937 |
The Fauna and Flora Protection Ordinance, 19 of 1937 |
For the first time including the protection of plants (apart from Welwitschia mirabilis, which had been protected since 1916), this Ordinance combined flora and fauna, implying that that the administration had started to move towards a more holistic approach ‘[t]o provide for the preservation of the fauna and flora of the Territory in their natural state, and to amend in other aspects the law relating to the preservation of game’: ‘this ordinance now for the first time included the protection of plants. Enforcement of the game laws until then had been the sole responsibility of the SWA Police. This ordinance also permitted interested people to help with the applicable law enforcement in the capacity of honorary game wardens’.53 |
|
1942 |
Prohibited Areas Amendment Ordinance, 9 of 1942 |
This proclamation extends the permit situation established in Prohibited Areas Proclamation, 26 of 1928 to ‘other wild animals’.54 |
|
1947 |
Kaokoveld is proclaimed as a Native Reserve (the Kaokoland Reserve) but remains part of Game Reserve no. 255 |
|
|
1947 |
Proclamation 375 of 1947 |
Part of Etosha Game Reserve was cut off and made available for settlement and the Police Zone border was shifted in order to provide more farmland for white settlers.56 |
|
1948 |
Report of the Game Preservation Commission |
Gives farmers permission to eliminate game species considered a danger to the farming community and recommends that farmers should ‘decide whether to preserve or shoot (in whole or in part) zebra, wildebeest, ostriches and warthogs’; but rejects the idea of conferring ownership of game to the white farmers (game meat an important source of protein and white farmers, specially Afrikaners keen to hunt it).57 |
|
1951 |
Game Preservation Ordinance, 11 of 1951 (intended to improve The Fauna and Flora Protection Ordinance, 19 of 1937) |
Provides for the establishment of a Game Preservation and Hunting Board to consist of no fewer than five members to oversee the preservation of game and to make any necessary recommendations to the Administrator.58 Includes:
|
|
1955 |
Preservation of Game Amendment Ordinance, 29 of 1955 |
New clause included in Section 4: ‘[s]ubject to the provisions of this Ordinance, any owner or occupier of land shall own all [big and small] game other than protected game, while such game is lawfully upon such land and while such land is enclosed with a sufficient fence…’; with hunting permitted throughout the year.63 |
|
1956 |
SWA Parks Board appointed, replacing the SWA Game Protection & Hunting Board of 195164 |
|
|
1958 |
Game Parks and Private Game Reserves Ordinance, 18 of 195865 |
Defines ‘Game Parks’ and allows for establishment of private game reserves.66 The regulations for Game Parks (Section 5) are more comprehensive than for Private Game Reserves. For example, entry and residence, the possession of firearms, killing, injuring or disturbing animals in Game Parks was not allowed without written permission and the introduction of animals and the chopping/cutting/damaging of trees was prohibited. In Private Game Reserves, according to Section 16(1), ‘no person, except the owner, may hunt any game or other wild animal or bird in any area which has been declared a private game reserve […] except under and in accordance with the written permission of the Administrator and on such conditions as he may impose in each case’.67 A major part of the Ordinance focuses on establishing the boundaries of Etosha Game Park around Etosha Pan, as a specific designation of Game Reserve No. 2. Its First Schedule defines the boundaries of a new ‘Etosha Game Park’ which focuses on the area around Etosha Pan with Paragraph 2 stating that: |
|
1958 |
Provision is made ‘for the fusion of the Game Preservation and Hunting Board with the Parks Board so that all matters concerning game may be dealt with by one board’.69 The Parks Board included at least five members: ‘civil servants from agriculture, police, native affairs, the chief game warden and members of the farmers’ and hunting associations’.70 Its aims and functions were:
For more detail see Chapter 2. |
|
|
1958 |
Government Notice 247 [Proclamation 247?] by the Administrator for SWA [Daniel Thomas du Plessis Viljoen] |
This Government Notice amended section 3(2) of the 1928 Prohibited Areas Proclamation (no. 26) to repeal and substitute the definition Game Reserve No. 2 in the Second Schedule to that Proclamation.72 It thereby outlined the new area of Game Reserve No. 2, so that it now included a southern extension along the Ugab River, as well as the north-west area of Kaokoveld; whilst excluding the Kaokoveld Native Reserve and Sesfontein Native Reserve 207. It made no mention of ‘Etosha Game Park’ [as per Ordinance 18], but included the area defined as Etosha Game Park in Ordinance 18 of 1958 within its boundaries. |
|
1961 |
Government Notice, 222 of 1961 |
Moves the veterinary control cordon (‘red line’) southwards from along the south edge of Etosha Pan to the southern border of Etosha Game Park next to the settler farming area.73 |
|
1962 |
Government Notice, 177 of 196274 |
Etosha Game Park is extended across part of the 1958 south-west extension of Game Reserve No. 2 to a point where the western boundary line of the last mentioned farm [Werêldsend] intersects the southern side of the road from Welwitschia [Khorixas] to Torrabaai; thence westwards along the southern side of the road to Torrabaai [close to the Koigab river] to the low-water mark of the Atlantic Ocean. |
|
1962–1963 |
SWAA White Paper on Activities of the Different Branches of the Administration75 |
Describes activities for Etosha Game Park,76 e.g. infrastructural developments, tourism, new appointments etc. States that: ‘Etosha Game Park’s boundaries were extended during the year [1962, Government Notice 177] up to the sea coast by the proclamation of part of Game Reserve 2 as a game park. The popular fishing and holiday resort at Unjab [!Uniab] Mouth now falls within the game park. This year permission was again granted to holiday goers to visit the Unjab Mouth during the summer. Numbers of people made use of this concession. Better roads and more facilities will, it is hoped, be provided in 1964’.77 |
|
1966 |
Government Notice, 20 of 196678 |
Named ‘Prohibited Areas Proclamation 1928: Redefinition of the Boundaries of Game Reserve No. 2’, this Government Notice delineated a coastal strip of around 20-miles wide to the west of the Sesfontein and Kaokoveld Native Reserve areas (see Chapter 2). |
|
1967 |
Nature Conservation Ordinance, 31 of 196779 |
This Ordinance constitutes a ‘major legal review’ and a consolidation of ‘nature protection law into one piece of legislation’80 by doing the following:
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|
1967 |
By changing the prior situation whereby ‘all game had belonged to the State’, Ordinance 31 creates a context for game to have a monetary value and farmers ‘a financial incentive to protect animals on their property’, causing many to start restocking their farms’ such that ‘game numbers on commercial farms increased dramatically’.88 With this Ordinance, Etosha Game Park became Etosha National Park.89 At this point in time the boundaries of Etosha Game Park up to the coast were retained [with a northwards boundary shift of the west part of Etosha Game Reserve, from its position along the Ugab in 1958, to between the Koigab and !Uniab rivers]; and a small corner in the north-east was added. Chapter 3 of this Ordinance iterates Ordinance 18 of 1958, with some adjustments, reading: ‘[t]he area defined in schedule 7 to this ordinance and known as the Etosha Game Park is hereby declared to be a game park to be known as the Etosha National Park for the propagation, protection and preservation therein of wild animal life, wild vegetation and objects of geological, ethnological, historical or other scientific interest and for the benefit and enjoyment of the inhabitants of the Territory: Provided that it shall be in the Administrator’s sole and final discretion to determine whether and when prospecting or mining activities are in the national interest.’90 The hunting permit situation for the prohibited northern areas, as established by the Prohibited Areas Proclamation, 26 of 1928 and amendment in 1942 ceases.91 |
|
|
1967 |
Civil and Criminal Jurisdiction – Chiefs, |
Provides general rules for all traditional authorities and special rules ‘for courts in certain parts of the country: Kaokoveld, Owamboland, Okavango and Sesfontein’, with Sesfontein later excluded and Hereroland added.92 Traditional courts ‘to which Proclamation R348 applies are, in principle, entitled to administer statutory offences stipulated by the Nature Conservation Ordinance or any other law if so delegated’, and there is no indication that ‘any of the nature conservation acts, going back to the first Verordnung… repealed concurrent customary law’.93 |
|
1968 |
Development of Self-Government of Native Nations in South West Africa Act, 54 of 196894 |
Enacted following the Odendaal Report95 to assist ‘native nations’ in ‘South West Africa’ to develop ‘into self-governing nations’ of ‘Owamboland, Okavangoland, Hereroland, Kaokoland, Damaraland and Eastern Caprivi’.96 |
|
1971 |
Government Notice 82 |
Proclaims the ‘Skeleton Coast Park’, as a narrow protected area in north-west Namibia along the Atlantic Ocean coast.97 |
|
1973 |
Controlled Wildlife Products and Trade Act, 9 of 2008 |
Implements requirements in the UN Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).98 |
|
1973 |
The Owambo Nature Conservation Enactment Act, 6 of 1973 |
Instituted under the post-Odendaal Owambo legislative assembly and containing ‘mechanisms to co-administer wildlife by delegating the authority to issue hunting licences in certain cases to local offices’, thereby effecting ‘some decentralisation in the law of hunting’.99 The Executive Council of Owambo’ receives ‘the authority to determine the hunting season and to issue licences to hunt specially protected game’ (Sections 2 and 3); licences to be issued by ‘the Councillor, i.e the member of the Executive Committee to whom the administration of the Department of Agriculture was assigned’ (Section 4 read with Section 1), whilst licenses for ‘certain game (eland, impala, zebra) could be issued by the various traditional authorities’. Section 5 stipulates: ‘(2) A game licence shall be issued by the tribal secretary of the relevant tribal area under the authority of the tribal authority of that tribal area. (3) A tribal authority may authorise game licenses only for its own tribal area and such game licence when issued shall not be valid in any other tribal area. (4) A tribal authority may fix a limitation in respect of the whole tribal area or in respect of a portion thereof, and the number of any species of game or some species or other of game of either sex or any species of game which may be hunted in terms of a game licence’. Sub-section 5(7) determines ‘the fees for licences according to species that could be hunted’. |
|
1973 |
Section 6(1) extends ‘hunting privileges to traditional authorities’: ‘[n]ot withstanding anything to the contrary contained in this Enactment, a chief or senior headman may hunt game, except specially protected game and protected game, without a license during the hunting season: Provided that such chief or senior headman shall hunt game as such without a licence only within the tribal area for which such chief or such senior headman is appointed’. Section 7 ‘authorised traditional authorities to issue permits to hunt game birds’.100 The Councillor ‘was also entitled to grant permits for killing specially protected game, protected game and game’ that caused damage, for example to crops, grazing, property, people, etc.; and in cases ‘where such animals threatened human life, the local headman had the power to issue the necessary permit’.101 The Enactment ‘restricted the use of firearms and other weapons’ and also stipulated that ‘nobody was allowed to hunt by means of’ snares, traps, net, pitfalls, trapping kraal, dart guns, etc., unless holding ‘a permit issued on the authority of the Executive Council’ authorising such a hunt.102 |
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|
1974 |
The Kavango Nature Conservation Act, 4 of 1974 |
Similarly instituted by the Kavango legislative assembly to co-administer wildlife.103 |
|
1975 |
Nature Conservation Ordinance, 4 of 1975 |
Follows the structure of the Nature Conservation Ordinance, 31 of 1967.104 For example, this Ordinance maintains the ownership rule in Section 29(1): ‘[t]he owner of –
shall, subject to the provisions of this Ordinance, be the owner of all huntable game, huntable game birds and exotic game on such farm or piece of land and as long as such farm remains to be enclosed in that manner’.105 |
|
1975 |
Hunting by white settler farmers on freehold land is thereby possible although prohibitions remain for hunting and trapping by Indigenous Africans in communal areas.106 Private game reserves and ‘hunting farms’ could thereby be established in freehold settler farming areas, if certain species-dependent requirements for fencing and security were adhered to. 107 The former South West Africa thereby became aligned with similar game farming policies on freehold land in South Africa.108 As such, this was consistent with apartheid-era laws. Section 40(1): it remains an offence to ‘kill game or any other wild animal by any other means than by shooting with a firearm’, or to ‘capture game or any other wild animal by means of a snare, pitfall, trap, net, birdlime, drug or any other device or means whatsoever or by any method whatsoever’, unless specifically permitted.109 Differentiates between:
hunting of these two categories (‘specially protected’ and ‘protected’ game) requires a permit issued by the Ministry, with legal penalties for unpermitted hunting, unless an animal is killed to protect human or livestock, or cultivated land with an approved fence, in which case a written report must be made to the nearest conservator or police office within 10 days (Sections 26(1), 27(1), Sections 26(3) and 27(3) as amended by Act 27/1986 and Act 31/1990, Sections 26(5)-(7) and 27(5)-(7) as amended by Act 27/1986, Sections 26(4)(a) and 27(5)(a), as amended by Act 27/1986, Sections 26(4)(b) and 27(5)(b)), Sections 37(1)(a)(ii), as amended by Act 27/1986, Section 37(1)(b)
written permission from the Cabinet needed for hunting any of these latter categories (Section 28(1)(a)(c), as amended by Act 31/1990, Section 28(2)(a).110 |
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|
1977 |
Nature Conservation Ordinance, 4 of 1975 amended by Ordinance, 4 of 1977 |
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1980 |
Schedule to the Representative Authorities Proclamation, AG 8 of 1980 |
Repeals the Development of Self-Government of Native Nations in South West Africa Act, 54 of 1968 (with the exception of Bushmanland) to ensure that ownership of communal lands vested in the South African Development Trust, formerly the SA Native Trust, becomes vested in [owned by] the government of the Territory of South West Africa, leading to the various representative [regional] authorities ‘acquiring control over communal lands falling under their jurisdiction’.111 The list of powers of the second tier legislative authorities includes Item 1(VI) on ‘the enactment of laws on soil conservation, on the protection of water sources, on nature conservation and conservation of the environment’, with forestry included as Item 2(II).112 |
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1980 |
Nature Conservation Ordinance, 4 of 1975 amended by Ordinance, 16 of 1980 |
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|
1986 |
Nature Conservation Amendment Act, 27 of 1986 |
Repeals both the Owambo Nature Conservation Enactment Act, 6 of 1973 and the Kavango Nature Conservation Act, 4 of 1974, ‘re-instituting the centralised system of control and licensing’.113 |
|
1986 |
The Damara Community and Regional Authorities and Paramount Chief and Headmen Ordinance, 2 of 1986 |
Extended ‘the system of traditional administration of justice as set out in section 4 of Proclamation R348 [1967] to Damara’, with section 22 providing for civil cases ‘between members of the Damara community’ and section 23 doing the same for criminal matters.114 |
|
1987 |
Cabinet Resolution |
To exempt Ju|’hoansi of East Bushmanland from the provisions of the Nature Conservation Ordinance, 4 of 1975 to permit them ‘to hunt in their traditional way’, thereby implementing ‘in the interest of nature preservation, a concept of preservation of culture’.115 |
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1988 |
Nature Conservation Ordinance, 4 of 1975 amended by Acts 6 and 17 of 1988 |
|
|
1990 |
The Namibian Constitution |
Article 95(j) emphasises the need for the ‘maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilisation of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future’.116 Article 66(1) stipulates that: ‘the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent that such customary or common law does not conflict with this Constitution or any other statutory law’.117 Repeals AG 8 of 1980, transferring ‘the powers, duties and functions’ of the various Regional Authorities to ‘the Administrator-General’.118 |
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1990 |
Nature Conservation Ordinance, 4 of 1975 amended by Act, 31 of 1990 |
|
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1995 |
Ministry of Environment and Tourism position paper published on ‘Wildlife Management, Utilisation and Tourism in Communal Areas’, Circular 19 of 1995119 |
Aims to redress discriminatory provisions by:
|
|
1995 |
Ministry of Environment and Tourism position paper published on ‘The Establishment of Conservancies in Namibia’121 |
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1995 |
Ministry of Environment and Tourism position paper published on the ‘Promotion of Community Based Tourism’122 |
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|
1995 |
Traditional Leaders Act, 17 of 1995 |
Section 1 foregrounds customary law as ‘the customary law, norms, rules, traditions and usages of a traditional community’,123 which can include ‘members of the community residing outside of the common communal area’.124 Extends the responsibilities of traditional authorities, for example, through Section 10(2)(c), influenced by Articles 95(l) and 66 of the Constitution: ‘to ensure that the members of their traditional community use the natural resources at their disposal on a sustainable basis and in a manner that conserves the environment and maintains the ecosystems, for the benefit of all persons in Namibia’.125 |
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1995 |
Agricultural (Commercial) Land Reform Act, 6 of 1995 (ACLRA) |
|
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1996 |
Nature Conservation Amendment Act, 5 of 1996, known as the ‘conservancy amendment’126 |
Provision made for establishing conservancies on communal land and giving conditional rights over wildlife, in part to enable consumptive use of wildlife in communal areas – including for trophy hunting – to facilitate livelihood benefits;127 thereby seeking to ensure the inclusion of communal land in the ‘sustainable use’ and management of wildlife and other natural resources: thus, ‘[a]ny group of persons residing on communal land and which desires to have an area … to be declared a conservancy shall apply therefore to the Minister…’ (Section 24A), with the names of persons forming a conservancy committee, a constitution and a statement of boundaries required.128 |
|
1996 |
Although the ‘composition of the conservancy committee is not prescribed’, Section 28A(1)(a) states that ‘it must include at least one traditional leader’.129 Given that a minority of settler freehold farmers have inalienable rights to a major proportion of the most productive land in southern and central Namibia, plus that their title to land means that they effectively and legally own the capital constituted by their land and the resources on it, including ‘huntable game’, this Amendment is structurally unable to create equivalent circumstances on communal land.130 Possibility of creating ‘Wildlife Councils’ (Section 24B) also included for areas outside of conservancies.131 Registration is intended to make ‘a conservancy committee or wildlife council … the owner of all huntable game, huntable game birds and exotic game lawfully on such conservancy or within the area of jurisdiction of the wildlife council’; the intention being to give ‘inhabitants of communal land … the right to make decisions concerning how the wildlife resources on communal land should be utilised’, and to promote ‘a sense of responsibility and connection with wildlife resources which accords with the commonly held view that the community through their traditional leaders owns game under customary law’.132 |
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|
1996 |
Formal policy on Community-Based Natural Resources Management (CBNRM) |
Leads to the establishment of communal area conservancies as part of CBNRM.133 |
|
1996 |
National Land Policy (NLP) |
Primary objectives are ‘to provide adequate access to land for landless people’ and ‘to promote, facilitate and coordinate access to, and control over, land … to support long-term sustainable development for all Namibians’.134 Includes an option for ‘legally constituted bodies and institutions to exercise joint ownership rights over land’, implying that a community which defined itself as a conservancy could register tenure rights to the land defining the conservancy’s territory.135 |
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1997 |
Game Products Trust Fund (GPTF) Act no. 7 of 1997 (7.9.1997) |
A mechanism ‘for ensuring that revenue obtained from the sale of wildlife products could be used for wildlife conservation and community conservation and development programmes aimed at harmonizing the co-existence of people with such wildlife, and thus securing a future for wildlife outside of and within protected areas in Namibia’. Permits the GPTF ‘to collect revenue from wildlife and wildlife products recovered on state land and reinvest it into wildlife conservation, communal conservation and rural development programmes in Namibia’.136 |
|
1997 |
Traditional Leaders Council Act, 13 of 1997 |
Enabled formation of a Traditional Authorities Council on 3 June 1998 consisting of representatives of recognised Traditional Authorities.137 |
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1997 |
Traditional Authorities Amendment Act, 8 of 1997 |
Following this amendment the Ministry of Regional and Local Government and Housing ‘started the process of recognising traditional authorities’, permitting implementation of ‘the new remuneration system for traditional leaders’, ‘financial assistance envisaged for traditional offices’, ‘representation in the Traditional Leaders Councils’, and decentralisation.138 |
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1998 |
National Land Policy |
Aims to reddress the problem of dispossession, discrimination and inequitable distribution of land that characterised the time before Independence and it has an explicit focus on poor citizens of Namibia.139 |
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2000 |
Traditional Authorities Act, 25 of 2000 |
Recognises ethnic difference and cultural heritage, as well as the legitimacy of previous so-called ‘traditional’ leadership structures despite their relationship with the previous apartheid state, defining ‘a traditional community’ as: ‘an indigenous, homogeneous, endogamous social grouping of persons comprising of families deriving from clans which share a common ancestry, language, cultural heritage, customs and traditions, recognizes a common traditional authority and inhabits a common communal area, and may also include the members of that traditional community residing outside the common communal area. The Act affirms ascertainment of customary law ‘as any kind of authoritative transfer of orally transmitted customary law into a written form’ and states this as a task of the Traditional Authorities.141 The Act uses the terminology of traditional and senior traditional councillors, although the terms headmen and senior headman remain commonly used.142 It affirms the role of TAs ‘both in ensuring sustainable resource use, and in administering communal land’.143 |
|
2000 |
Namibia Tourism Board Act, 21 of 2000 |
Permits the creation of the Namibia Tourism Board (NTB) in 2001 as a regulatory body,144 specifically as a government agency tasked with regulating and monitoring Namibia’s tourism industries, and governed by a board with two directors from the private sector and directors from the Ministry of Environment and Tourism (MET), Ministry of Trade and Industry, and Ministry of Finance.145 The NTB charges an application fee of N$3,000 for trophy hunting operators with accommodation, plus a N$200 annual registration fee.146 |
|
2001 |
Parks and Wildlife Management Bill |
Parks and Wildlife Management Bill, ‘provides for the declaration of protected areas and the necessary procedures before declaration. It further provides for the establishment of conservancies, wildlife farms and game fenced areas. It outlines the provisions under which wildlife may be utilised by land owners, lessees, conservancies, game farms and within communal areas outside of registered conservancies’.147 |
|
2001 |
The Forest Act |
Implements legislation regarding “community forests” enabling, ‘the registration of various types of classified forest areas, including ‘community forests’. Community forests will be registered with the consent of the relevant Traditional Authority. Management authorities for community forests would be established under similar procedures as for conservancies. For example, a forest management plan is required. The MET advised against the creation of separate conservancy and community forest committees within one community, and promoted the integration of the two approaches.’148 |
|
2001 |
Forestry Development Policy |
Aims to, ‘reconcile rural development with the conservation of biological diversity. It recognises the need to involve “local communities” in forest management. The policy views resource ownership as critical for preventing forest degradation. It envisages giving resource tenure over forests to communities in conjunction with the possibility of groups gaining leasehold tenure over land in accordance with the National Land Policy. The policy provides for government to support forest users in their management of forests, through technical and extension services. The policy provides for links to conservancies through enabling forest product harvest quotas and providing for fire control in the management plans of conservancies.’149 |
|
2001 |
National Resettlement Policy |
Namibia identifies the following target groups for resettlement: the San population, displaced people, returnees, ex-combatants, ex-farm workers, destitute and landless people, disabled people and those living in overcrowded communal areas. The objectives of resettlement are to redress past imbalances in the distribution of land; to make people self-sufficient through agriculture; to introduce resettled populations into the national economy; to create income-generating activities; to reduce livestock and human pressure on communal lands; and to provide resettled peoples an opportunity to reintegrate into society.150 |
|
2002 |
Communal Land Reform Act, 5 of 2002151 |
Delineates boundaries of Communal Land Areas and establishes Communal Land Boards for their management, to include ‘representatives from farming communities, regional councils, women, the public service and conservancies, in addition to Traditional Authorities’, stating that: ‘(4) Before granting a right to leasehold, subsection (1) in respect of land which is wholly or partly situated in an area which has been declared a conservancy in terms of section 24A of the Nature Conservation Ordinance, 1975 (Ordinance No.4 of 1975), a board must have due regard to any management and utilization plans framed by the conservancy committee concerned in relation to that conservancy, and such board may not grant the right of leasehold if the purpose for which the land in question is proposed to be used under such right would defeat the objectives of such management and utilization plan.’ In conjunction with the Traditional Authorities Act (1995/2000), positions state-recognised Traditional Authorities (TAs) as having the power to allocate land or to deny settlement permission according to traditional rules, given that these not conflict with constitutional and statutory law. |
|
2003 |
Formation of Regional Land Boards |
Formation of regional Land Boards to ratify applications to codify and register communal land-rights. A land-right remains for the period of a person’s natural life and can be passed on to next of kin, given that this is done through the state’s processes. Communal land-rights usually focus on a bounded residential and/or farming unit, with sizes relatively established, yet not exceeding 50 ha. |
|
2004 |
National Heritage Act, 27 of 2004 |
Makes provision ‘for archaeological assessment, implemented either in the form of an independent investigation or as part of multi-disciplinary environmental assessment reports’.152 |
|
2007 |
MET Policy on Tourism and Wildlife Concessions on State Land |
Presents ‘the first uniform policy framework for concessions on state land, including tourism development and trophy hunting concessions. It recognises the opportunities therein for the economic empowerment of formerly disadvantaged Namibians, especially those residing in or adjacent to national parks. It outlines different types of concessions, general principles applying to them, and the process of establishing, awarding and managing concessions’.153 |
|
2007 |
Environmental Management Act, 7 of 2007 |
Makes provision for Environmental Impact Assessments (EIAs) and Environmental Management Plans (EMPs). |
|
2007 |
UN Declaration on the Rights of Indigenous Peoples (UNDRIP) |
Namibia votes in favour of this non-binding UN Declaration.154 |
|
2008 |
Controlled Wildlife Products and Trade Act 9155 |
|
|
2009 |
National Policy on Human Wildlife Conflict Management |
|
|
2009 |
Namibian Chapter of the Game Rangers Association of Africa established156 |
|
|
2013 |
National Policy on Community Based Natural Resource Management of 2013 |
States that once a conservancy has been gazetted, ‘ownership over wild game and use rights over other game species will be given to communal area residents’.157 In practice, however, the ministry maintains ultimate ownership and control over wildlife as it not only has the power to de-gazette conservancies but also sets the quotas for how many animals can be harvested per species. Without an approved quota, conservancies are not permitted to use or sell what is supposedly ‘their’ wildlife. Limited and temporary ‘ownership’ of wildlife is only devolved for certain species of huntable game (e.g. kudu, oryx, springbok, zebra), while most high-value species like elephants, rhinos, lions, and leopards remain exclusively owned and strictly controlled by the State. Emphasises NGOs as partners in Section 5 on ‘institutional framework’, i.e. ‘Non-governmental organisations are recognised by this policy as key partners in supporting CBNRM processes, especially in helping to create or strengthen community based structures and building management capacities and linking communities to funding sources. The government will continue to collaborate with NGOs to deliver services to communities and where appropriate, and support the formation of local NGOs to outsource certain functions to them’.158 |
|
2014 |
Nagoya Protocol on Access and Benefit Sharing (ABS) of the Convention on Biological Diversity (CBD) |
Namibia becomes a signatory to the Nagoya Protocol, thus committing the country to develop national legislation on ABS.159 |
|
2017 |
Nature Conservation Amendment Act, 3 of 2017 |
Increases penalties for involvement in rhino poaching: first-time involvement maximum fine = N$25 million plus up to 25 years imprisonment; and up to fines of N$50 million and 40 years imprisonment for repeat offenders.160 |
|
2017 |
Access to Biological and Genetic Resources and Associated Traditional Knowledge Act, 2 of 2017 |
|
|
2017 |
Human Lion Conflict Management Plan for North West Namibia (NW Lion Plan) |
Aims to mitigate Human-Lion Conflict (HLC). Includes the formation of the Lion Rangers Programme, Lion Rangers being Community Game Guards selected by their communities and employed by their conservancies to monitor desert-adapted lions and monitor and prevent HLC (see Chapters 17, 18 and 19). |
|
2017 |
Protected Areas and Wildlife Management Bill,161 updated in 2020 |
A Wildlife and Protected Areas Management Bill is announced, which will repeal the Nature Conservation Ordinance, 4 of 1975 and amendments: ‘[t]o give effect to paragraph (l) of Article 95 of the Namibian Constitution by establishing a legal framework to provide for and promote the maintenance of ecosystems, essential ecological processes and the biological diversity of Namibia, and the utilization of living natural resources on a sustainable basis for the benefit of Namibians, both present and future, and to promote the mutually beneficial co- existence of humans with wildlife, to give effect to Namibia’s obligations under relevant international legal instruments; to repeal the Nature Conservation Ordinance 4 of 1975; and to provide for incidental matters.’ (p. 2) Additionally, ‘[t]he purpose of this Act is to provide a regulatory framework for the protection, conservation and restoration of species and ecosystems, the sustainable use and sustainable management of indigenous biological resources, the establishment of the Council for Conservation Hunting and the management of protected areas in order to conserve biodiversity and to contribute to national development.’ (Art. 2, p. 18) Includes:
|
|
2017 |
|
|
|
2017 |
The intention is to ‘do away with potential conflict, repetition and overlaps between the two laws, and to streamline the implementation process’, and ‘to bring wildlife and protected areas management on par with new developments in wildlife and land management in order to contribute to sustainable development, poverty reduction and eradication’.163 Also expected to acknowledge and strengthen landscape approaches for conservation through the category ‘Site of Special Conservation Interest’, thereby facilitating establishment of ‘People’s Parks’ or ‘People’s Landscapes’, such as the Ombonde-Hoanib People’s Landscape joining the southern parts of Omatendeka and Ehirovipuka conservancies.164 The Bill was expected to be enacted in 2019 but to date remains outstanding. |
|
|
2018–2027 |
Revised National Policy on Human Wildlife Conflict Management165 |
Revises the 2009 policy stating that:
|
|
2021 |
National Elephant Conservation and Management Plan 2021/2022–2030/2031 |
New national elephant plan instituted by the Ministry of Environment, Forestry and Tourism (MEFT) (see Chapter 11). |
Archive sources
NAN, A511/6 Game Reserve—Boundaries (1927–1954): Prohibited Areas Proclamation, 1928, second schedule: Definition of Game Reserves.
NAN, Ordinance 18 of 1958.
NAN, Government Notice 20 of 1966.
NAN, Nature Conservation Ordinance 1967 (31 of 1967).
NAN SWAA A50/27, 1927, Proclamation No. 32.
NAN SWAA A511/6, vol. 4 Game Reserves: Boundaries and Fencing 1958–1959.
NAN SWAA White Paper on the activities of the different branches of the Administration of South West Africa for the financial year 1962–1963.
NTB 1/8 N13/2: Jaarverslae van Afdeling, Parks Board of South West Africa Annual Report 1.4.1957 to 31.3.1958 (First Report).
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1 Bollig & Olwage (2016: 63) referencing von François (1993[1899])
2 von François (1899: 107), Joubert (1974: 35), Miescher (2009: 98)
3 von François (1899: 107)
4 Joubert (1974: 35)
5 Ibid.
6 Muschalek (2020[2019]: 101, 87–88, and sources therein)
7 Bridgeford (2018: 12)
8 Hinz (2003: 128)
9 Botha (2005: 174)
11 Bollig (1997: 19). Game Reserve No. 1 was located north-east of Grootfontein including ‘protected game in the Omuramba Omutako’ and Game Reserve No. 3 was south of the Swakop River and east of the British enclave of Walvis Bay (Bridgeford 2018: 13), later becoming the Namib Game Reserve (Gruntkowski & Henschel 2004: 43; Botha 2005: 182), and now the Namib-Naukluft National Park.
12 Bridgeford (2018: 12)
13 Joubert (1974: 35)
14 Hinz (2003: 21–22)
15 Ibid., p. 21
16 Ibid.
17 Ibid., p. 22
18 Joubert (1974: 35)
19 Quoted in Hinz (2003: 21)
20 Dieckmann (2007: 119)
21 Emmett (1999: 76)
22 Joubert (1974: 36), Bridgeford (2018: 13)
23 Silvester et al. (1998: 3)
24 Bridgeford (2018: 14)
25 Corbett & Daniels (1996: 14)
26 Dieckmann (2007: 125)
27 Hinz (2003: 22) and references therein.
28 Ibid.
29 Joubert (1974: 35), Germishuys & Staal (1979: 113), Bridgeford (2018: 14)
30 Muschalek (2020[2019]: 101)
31 Hinz (2003: 129)
32 Ibid., p. 22
33 Ibid., p. 28
34 Joubert (1974: 35–36), Germishuys & Staal (1979: 113). Bridgeford (2018: 14) and Hinz (2003: 22) date this Ordinance to 1927.
35 Germishuys & Staal (1979: 113)
36 Botha (2005: 179)
37 Hinz (2003: 23)
38 Ibid., pp. 22–23
39 Corbett & Daniels (1996: 15)
40 Dieckmann (2007: 125)
41 NAN SWAA A50/27, 1927, Proclamation No. 32.
42 NAN, A511/6 Game Reserve—Boundaries (1927–1954): Prohibited Areas Proclamation, 1928, second schedule: Definition of Game Reserves. Also Owen-Smith (1972: 31, 33), Botha (2005: 181), Bridgeford (2018: 14)
43 Hinz (2003: 22)
44 Dieckmann (2007: 145)
45 Ibid., pp. 145–46
46 Gordon (1992: 129–30), Dieckmann (2007: 125–26): see Chapter 2.
47 Hinz (2003: 28)
48 van Heijnsbergen (1997: 16), Dieckmann (2007: 75)
49 Hinz (2003: 23)
50 Berry (1980: 53)
51 Corbett & Daniels (1996: 14)
52 Ibid., p. 15
53 Joubert (1974: 36); also Bridgeford (2018: 14)
54 Hinz (2003: 22, 129)
55 Rizzo (2012: 1); also Owen-Smith (1972)
56 Miescher (2009: 279–80)
57 Botha (2005: 181)
58 Joubert (1974: 36)
59 Bridgeford (2018: 16)
60 Botha (2005: 180)
61 Ibid., p. 185
62 Hinz (2003: 22)
63 Quoted in Hinz (2003: 23)
64 de la Bat (1982: 16), Schoeman (2007: 51)
65 NAN, Ordinance 18 of 1958.
66 Joubert (1974: 36)
67 Ibid.
68 NAN, Ordinance 18 of 1958.
69 Ibid.
70 Joubert (1974: 36), Bridgeford (2018: 16)
71 NAN, Ordinance 18 of 1958; NTB 1/8 N13/2: Jaarverslae van Afdeling, Parks Board of South West Africa Annual Report 1.4.1957 to 31.3.1958 (First Report)
72 NAN SWAA A511/6, vol. 4 Game Reserves: Boundaries and Fencing 1958–1959.
73 Miescher (2009: 382)
74 Government Notice 177, 15.9.1962.
75 NAN SWAA White Paper on the activities of the different branches of the Administration of South West Africa for the financial year 1962–1963.
76 Ibid, pp. 57–59
77 Ibid., p. 15
78 NAN, Government Notice 20 of 1966.
79 NAN, Nature Conservation Ordinance 1967 (31 of 1967).
80 Hinz (2003: 23)
81 Schoeman (2007: 53)
82 Joubert (1974: 36)
83 NAN, Nature Conservation Ordinance 1967 (31 of 1967), Chapter I.
84 Ibid., section 7
85 Ibid., section 9
86 Ibid., section 12
87 Botha (2013: 246)
88 Bridgeford (2018: 17); also Botha (2013: 244, 246)
89 According to Berry, the Etosha Game Park officially received the status of a National Park in 1967 by an Act of Parliament of the Republic of South Africa (Berry 1997: 4).
90 NAN, Nature Conservation Ordinance 1967 (31 of 1967); section 37 (1).
91 Hinz (2003: 22)
92 Ibid., pp. 29, 130—Section 1 of the Proclamation, as amended by Proclamation AG70 of 1980 and Ordinance 2 of 1986.
93 Hinz (2003: 30)
94 See https://www.un.org/dppa/decolonization/sites/www.un.org.dppa.decolonization/files/decon_num_9-1.pdf
95 (1964)
96 Corbett & Daniels (1996: 14)
97 MEFT (2021: 74)
99 Hinz (2003: 23–24)
100 All quotes from Hinz (2003: 24).
101 Ibid.
102 Ibid., p. 25
103 Ibid., pp. 23–24
104 Ibid., p. 23
105 Quoted in Hinz (2003: 23)
106 Barnes et al. (2002), Sullivan (2002: 162)
107 Abbiati et al. (2013: 15–18); also Degeorges & African Advisory Board (1996: 90)
108 Wels (2015); also Abbiati et al. (2013: 15-18), Degeorges & African Advisory Board (1996: 90)
109 Ordinance quoted in Hinz (2003: 22)
110 Corbett & Daniels (1996: 20–21)
111 Ibid., p. 14
112 Hinz (2003: 28)
113 Ibid., p. 25
114 Ibid., p. 30
115 Ibid., pp. 25–26
116 GRN 2014[1990]; also quoted in Hinz (2003: 29)
117 Quoted in Hinz (2003: 10)
118 Corbett & Daniels (1996: 14)
119 MET (1995)
120 Hinz (2003: 3)
121 Corbett & Daniels (1996: 4)
122 Ibid.
123 Quoted in Hinz (2003: 9)
124 Corbett & Daniels (1996: 8)
125 Hinz (2003: 28)
126 Corbett & Daniels (1996: 8)
127 Ibid., pp. 5, 8
128 Quoted in Hinz (2003: 5)
129 Corbett & Daniels (1996: 8)
130 Sullivan (2002: 172)
131 Corbett & Daniels (1996: 7)
132 Ibid., p. 10
133 NACSO (2004), Weaver & Petersen (2008)
134 Karuuombe (1997: 6)
135 GRN (1997: 9) in Sullivan (2002: 174)
137 Hinz (2003: 12)
138 Ibid., p. 11
139 GRN (1998)
140 GRN (2000)
141 Hinz (2013: 5)
142 Ibid., p. 10
143 Taylor (2012: 45)
145 Abbiati et al. (2013: 49)
146 Ibid.
147 Taylor (2012: 206)
148 Ibid.
149 Ibid.
150 Harring & Odendaal (2007), GRN (2010), Dieckmann (2011), Chapters 4 and 16
151 https://www.lac.org.na/laws/annoSTAT/Communal%20Land%20Reform%20Act%205%20of%202002.pdf
152 JHA Kinahan & J Kinahan (2008: 5)
153 Taylor (2012: 208), MET (2007)
154 Paksi (2020: 21)
155 Denker (2022)
156 Paxton (2018: 8)
157 MET (2013: 1)
158 MET (2013: 14–15), also quoted in Stamm (2017: 81)
159 Chinsembu & Chinsembu (2020: 2)
160 LAC (2017)
161 GRN (2017)
162 Although a tender was recently (March 2024) released for a hunting concession within Khaudom National Park: https://www.meft.gov.na/tenders/tender-forkhaudum-trophy-hunting-concessioninside-khaudum-national-park/422/
163 Deputy Minister of Environment and Tourism, Bernadette Jagger in https://www.facebook.com/metnamibia/posts/2166083883607414
164 IRDNC (n.d.), Denker (2022) – see Chapter 3.
165 MET (2018)