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Land management institutions at the community level : the case of village land allocation committees… Morapeli, Matšeliso 1990

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LAND  MANAGEMENT VILLAGE  INSTITUTIONS LAND  AT T H E C O M M U N I T Y  ALLOCATION  COMMITTEES  IN  LEVEL: T H E CASE LESOTHO  by MATSEL1SO B.A.  MORAPELI  IN PLANNING, NATIONAL UNIVERSITY OF LESOTHO  A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE  REQUIREMENTS MASTER  FOR THE DEGREE OF  OF ARTS IN PLANNING  in THE  FACULTY OF GRADUATE STUDIES  SCHOOL OF COMMUNITY  AND  REGIONAL PLANNING  We accept this thesis as to the  THE  required  conforming  standard  UNIVERSITY OF BRITISH  COLUMBIA  19 June 1990  © MATSELISO MORAPELI, 1990  OF  In  presenting  this  degree at the  thesis  in  University  of  freely available for reference copying  of  department publication  partial  by  his  or  and  her  The University of British Columbia Vancouver, Canada  (2/88)  requirements  study. I further agree that purposes may  representatives.  of this thesis for financial gain  permission.  DE-6  the  British Columbia, I agree that the  this thesis for scholarly or  fulfilment of  be It  shall not  be  advanced  Library shall make it  permission for extensive  granted  is  for an  by  understood  the that  head  of  my  copying  or  allowed without my  written  ABSTRACT  Replacement been  one  of traditional land administration institutions of  the  strategies  management  problems.  effectiveness  of  one  This  used  by  the  thesis  uses  a  modern  institution,  Lesotho case  the  with modern institutions Government  study  Village  approach  Land  to to  has  solve  land  analyze  Allocation  the  Committees  (VLAC), at the community level in Lesotho.  Customarily, various the to The  purposes  the  VLAC,  thinking  Lesotho  revoke  is  behind  consists  research  community  by  was  elected  change  was  allegedly  chiefs  open  land was shifted  and that  traditional  partly VLAC  to  be  could  abuse  and  for  under  from traditional chiefs  nominated would  who  by  the  more  government.  democratic  and  local as well as national interests.  of  of  carried  members  allocated  The system  partly  this  representing  study  it.  was  the authority to allocate  which  b) a comparison field  in  Land Act 1979,  efficient,  The  land  three  stages: a) review  land tenure out  reforms  through  of  in Tanzania, Kenya and  questionnaires  and government  background literature  officials  administered  responsible  for  on  Lesotho;  Botswana;  to land  VLAC  and c)  members,  administration at  the community level in Lesotho.  Conclusions drawn from this study are that  lack of  connection  overall planning and lack of  community  between land allocation participation  in  the  and the land  allocation  problems in the operation of VLAC.  ii  clear policy guidelines,  process,  are  among  lack of  meaningful the  major  The  study's  overall  land  institutions clearer  major use and  goals  component  planning; incorporating  and into  recommendations  necessary VLAC  composition and election  b)  are:  a)  recognizing them  into  resources;  procedures. process  integrating  the  VLAC  and The  d)  continuing activities;  need  for  allocation  influence c)  building a  of VLAC is identified.  iii  land  of  providing  planning  further  with  the  traditional VLAC  and  research  with  evaluation on  the  TABLE  OF  CONTENTS  Abstract  ii  Table of Contents  iv  List of Tables  ix  List of Figures  x  Acknowledgements  xi  Chapter 1. INTRODUCTION 1.1. 1.2. 1.3. 1.4. 1.5. 1.6.  .  1  Introduction The Purpose and Objectives of the Study The Statement Of The Problem Data Collection Methods Analysis Of The Findings Organization Of The Thesis  Chapter 2. SALIENT FEATURES OF THE STUDY AREA 2.1. Geographical Setting 2.1.1. Field Study Areas 2.2. Geology and Soils 2.3. Climate 2.4. The Economic Setting 2.5. Population and Land Use 2.5.1. Population 2.5.2. Land Use 2.5.3. Agricultural Land Use Cultivation Livestock Farming 2.5.4. Non-Agricultural Land Use Settlements 2.6. Conclusion  :  1 2 4 6 7 8 9 9 10 14 17 19 22 22 23 23 23 25 25 25 26  Chapter 3. LAND MANAGEMENT IN LESOTHO 28 3.1. Introduction 28 3.2. Land Tenure 29 3.2.1. The Allocation of Land 32 3.2.2. Planning and Participation in the Traditional Context .... 33 3.2.3. The Right to Use Land 35 3.2.4. Changes in the System of Land Allocation 36 3.3. The National Policy on VLAC 42 3.3.1. Objectives 42 Contents of the Act - General functions of VLACs 42 3.3.2. Land allocation Under VLAC 45 3.4. The Variety of Land Management Reform 46 iv  3.4.1. The Tanzanian Ujamaa Land Policy 3.4.2. Kenyan Reform Experience 3.4.3. Tribal Grazing Land Policy And Land Boards In Botswana 3.4.4. A Brief Appraisal  47 53 55 57  Chapter 4. INTERVIEW RESULTS 4.1. Perceptions Of VLAC Members 4.1.1. The Role and Procedure Of VLAC 4.1.2. Meetings and Records 4.1.3. VLAC Relationship With The Chief 4.1.4. Problems Related To VLAC 4.1.5. Land Allocation And The Overall Planning Process . 4.1.6. Illegal Land Markets 4.1.7. VLAC Relationship With Other Village Committees . 4.1.8. Public Participation 4.2. Community Members Perceptions Of VLAC 4.2.1. Attitudes Towards VLAC 4.2.2. Changes brought by VLAC 4.2.3. VLAC Power/Authority 4.2.4. Community Involvement 4.2.5. Relationship With Other Village Committees 4.2.6. The Future Functions of VLAC 4.3. Government Officials Evaluation Of VLAC 4.3.1. General Attitudes Towards VLAC 4.3.2. Land Market 4.3.3. Community Participation 4.3.4. VLAC Contribution To Improved Land Management 4.3.5. Problems Concerning VLAC 4.3.6. VLAC Relationship With Other Village Committees . 4.3.7. Future Functions of VLAC 4.4. Conclusion  59 60 60 61 62 62 63 64 65 66 66 67 68 68 69 70 70 71 71 72 72 72 73 74 74 75  Chapter 5. INTERPRETATION AND DISCUSSION OF DATA COLLECTED 5.1. Introduction 5.2. The Role and Procedures of VLAC 5.3. Public Involvement 5.4. Overbureaucratization of land administration 5.5. Replacing Traditional Institutions 5.6. Shortage of Land 5.7. Soil Conservation 5.8. The Institution of Chieftainship 5.9. Democratization of Land 5.10. Land Allocation And The Overall Planning Process 5.11. Future Functions of VLAC  76 76 76 77 78 79 80 82 82 84 86 87  Chapter 6. CONCLUSIONS AND RECOMMENDATIONS 6.0.1. Effectiveness of Village Land Allocation Committees 91  89  v  List Of References  101  APPENDIX A1 - THE LAWS OF LEROTHOLI 1. Selected Excerpts Dealing with land allocation  111 111  APPENDIX A2 - THE LAND ACT 1979 . 1. Selected Excerpts Dealing with Land Allocation  114 114  APPENDIX A3 - FORM A 1. Application Form for Application for Allocation of Land  119 119  Appendix B1 - Questionnaire Administered to the VLAC 1. A. THE ROLE AND PROCEDURES OF VLAC 2. B. land ALLOCATION AND OVERALL NATIONAL PLANNING 120 3. C. THE SALE OF LAND 4. D. OVERBUREAUCRATIZATION OF LAND ADMINISTRATION 121 5. E. RELATIONSHIP WITH OTHER VILLAGE INSTITUTIONS .... 6. F. RELATIONSHIP WITH COMMUNITY MEMBERS  120 120  Appendix B2 - COMMUNITY MEMBERS QUESTIONNAIRE  122  Appendix B3 - GOVERNMENT OFFICIALS QUESTIONNAIRE  123  APPENDIX C1  124  121  121 121  1. DETAILED DESCRIPTION OF INTERVIEW RESULTS BY AREA . 124 2. Government Officials Perception of VLAC 124 2.1. Land sales 124 2.2. Community involvement 125 2.3. VLAC contribution to improved land management 125 2.4. Problems reported concerning VLAC 125 2.5. VLAC relationship and other village committees ... 126 2.6. VLAC future functions 126 3. THE VLAC PERCEPTION OF THEIR ROLE 126 3.1. Mohlanapeng VLAC - Thaba-Tseka District 126 3.1.1. Meetings and records 127 3.1.2. Problems 127 3.1.3. VLAC involvement in the overall planning process 128 3.1.4. Land sales 128 3.1.5. Public involvement 128 3.1.6. Relationship between VLAC and community members 128 3.2. MATHEBE VLAC - MAFETENC DISTRICT 128 3.2.1. Relationship with the chief 129 3.2.2. Meetings and records 129 3.2.3. Problems 129 3.2.4. Involvement in the overall planning process 129 vi  3.2.5. Land sales 3.2.6. Relationship with other committees 3.2.7. Public involvement 3.3. MOSUOE-TSEPISO VLAC - QACHAS NEK DISTRICTS 130 3.3.1. Meetings and Records 3.3.2. Problems 3.3.3. Overall planning 3.3.4. Relationship with other committees 3.3.5. Public involvement 3.4. LISOLOANE VLAC - LERIBE DISTRICT 3.4.1. Meetings and records 3.4.2. Problems 3.4.3. Involvement In Overall Planning 3.4.4. Land sales 3.4.5. Relationship with other committees 3.4.6. Community involvement 3.5. MAHLATSA VLAC - BEREA DISTRICT 3.5.1. Meetings and records 3.5.2. Problems 3.5.3. Involvement in overall planning 3.5.4. Relationship with other committees 3.5.5. Community participation 3.6. MATUKENC VLAC - MASERU DISTRICT 3.6.1. Meetings and records 3.6.2. Problems 3.6.3. Overall planning 3.6.4. Land sales 3.6.5. Relationship with committees 3.6.6. Public involvement 4. COMMUNITY MEMBERS VIEWS O N VLAC 4.1. MOSUOE TSEPISO COMMUNITY - QACHAS NEK DISTRICT 4.1.1. Significant changes brought by VLAC .. 4.1.2. VLAC power/authority 4.1.3. Community involvement 4.1.4. Relationship with other committees 4.1.5. Future functions 4.2. LISOLOANE COMMUNITY - LERIBE DISTRICT 4.2.1. Changes brought by VLAC 4.2.2. Community involvement 4.2.3. Relationships with other committees 4.2.4. Future functions 4.3. MATUKENC COMMUNITY - MASERU DISTRICT 4.3.1. Significant changes brought by VLAC .. 4.3.2. VLAC power/authority 4.3.3. Community involvement 4.3.4. Relationships with other committees 4.3.5. Future functions 4.4. MAHLATSA COMMUNITY - BEREA DISTRICT vii  130 130 130  131 131 131 131 131 132 132 132 132 133 133 133 133 134 134 134 134 134 135 135 135 135 136 136 136 136 136 136 137 137 137 137 138 138 138 138 139 139 139 139 139 140 140 140  4.4.1. VLAC power/authority 140 4.4.2. Community involvement 140 4.4.3. Relationship with other committees 141 4.4.4. Future functions 141 4.5. MATHEBE COMMUNITY - MAFETENC DISTRICT .... 141 4.5.1. Significant changes brought by VLAC .. 141 4.5.2. VLAC power/authority 141 4.5.3. Community participation 142 4.5.4. Relationship to other committees 142 4.5.5. Future functions 142 4.6. MOHLANAPENC COMMUNITY - THABATSEKA DISTRICT 142 4.6.1. Significant changes brought by VLAC .. 142 4.6.2. VLAC power/authority 143 4.6.3. Public involvement 143 4.6.4. Future functions 143  viii  LIST  OF  Table 1.  Land Regulations in Lesotho  Table 2.  Completed Interviews Per Area  TABLES  ix  LIST  OF  FIGURES  Figure 1.  Location Of Lesotho In South Africa  Figure 2.  Provinces and Regions in Lesotho  10  Figure 3.  The Location of Study Areas  11  Figure 4.  Sedimentrary Strata Of Soils  15  Figure 5.  Severe erosion in Qachas Nek  16  Figure 6.  Erosion in Mosuoe-Tsepiso  24  Figure 7.  Chieftainship Boundaries  34  Figure 8.  Hierarchy of Land Committees  44  x  9  LIST  OF  FIGURES  Figure 1.  Location Of Lesotho In South Africa  9  Figure 2.  Provinces and Regions in Lesotho  10  Figure 3.  The Location of Study Areas  11  Figure 4.  Sedimentrary Strata Of Soils  15  Figure 5.  Severe erosion in Qachas Nek  16  Figure 6.  Erosion in Mosuoe-Tsepiso  24  Figure 7.  Chieftainship Boundaries  34  Figure 8.  Hierarchy of Land Committees  44  ACKNOWLEDGEMENTS  I wish to thank all those, who, in one way or the other, contributed to the success of this thesis. Particularly I wish to express my deepest gratitude to Professor B. Wiseman and P. Boothroyd for their valuable supervision. 1 also want to thank Dr. P. Duffy for his encouragement and assistance.  1 am indebted to the Swedish International Development Authority, without whose scholarship, this study would not have been feasible. In Lesotho, thanks are due to the following: M . Mokone who assisted me during the field research, community members who willingly gave me all the valuable information and lastly the chiefs, who made it possible for me to work unhindered in their areas.  Finally I wish to thank my mother Mary 'Mathabiso Morapeli and my husband Mphale for their continual support.  xi  Peter  CHAPTER 1.  INTRODUCTION  1.1. INTRODUCTION  Globally, land management debate.  With  progress  and  problems  connected  with  its  rapid  increase  indeed  closely  problems are the center of social, economic in  survival with  depend  the  way  on  land is its  true  say  to  owned,  distributed and used.  a  human  multitude  of  Lesotho,  perceived  unfairness  customary  Lesotho  has  of  with  that  coming  version  terms  to  Faced with a growing population, declining agricultural production and the authorities,  own  be  problems.  traditional  area, has  it would  land management  of  confined  population  and political  sought  to  replace  land administration with the Village Land Allocation Committees to  correct the  malfunctions  of the  new demands placed on the  The  land  problems  background. resources incomes  On  of  the  which the  face  Lesotho  of  which  is  steeply  have  territory, where are deficient  mountainous  a great  are  present  of other African countries.  kilometers  sytem  (VLACs) in an effort  and to  accomodate  the  system.  basis  kinds  customary tenure  the  Seventy-five  proportion of  limited the  set  knowledge,  contributed  with  also  so  Lesotho  largely  percent use  for  population  in many respects and which have been  against  of  to  a  the  few  mineral  larger national  Lesotho's  consists  subjected  physical  has  agriculture.  lives,  harsh  30,355 square The remaining of  soils which  to many decades of  over-exploitation.  Despite  the  depleted  state  of  the  soils,  1  land  remains  a  highly  valued  resource  INTRODUCTION because income  of  the  expectation  that  in an uncerain future.  problematic,  it has  land allocation.  given  it  will  provide  a  relatively  important  / 2  source  of  As land becomes scarcer, and its distribution more  rise to  increasing  The result has been the  doubts  about  the  traditional system of  adoption of a new land allocation system  which is intended to replace the traditional one.  1.2. THE PURPOSE AND OBJECTIVES OF THE STUDY The  purpose  (VLAC),  of  introduced  effectiveness  in  concentrates  on  perceptions lastly,  this  the  of  thesis  is  the  new  by  managing the  extent  land  actual  the  VLAC's, to  to  which  analyze  system at  the  of  of  District  the  Village  land  new  the  Land land  Land  level  VLAC's, Allocation  law  Allocation  allocation,  community  functioning the  the  in  and  to  determine  Lesotho.  the  The  community  Officers'  governing  Committee  the  its  analysis  members'  evaluations  VLAC's  and  effectively  addresses the crucial land problems in Lesotho.  A comparative dimension is included in the land management The  through  aparatus.  On  individualization attempt  to  "commercial"  new  the of  divide and  to  in Sub-Saharan Africa by looking at Tanzania, Kenya and Botswana.  Tanzanian experience  production  study by examining other approahes  involved  local institutions other  tenure. the  government-initiated  hand, Lastly,  grazing  "reserved"  land  the  with "modern" Land Advisory Boards.  which were treated Kenyan  Botswana's previously  land and  efforts  replace  Tribal held  to as  institute part of  reform  entailed  Grazing  Land  under  communal the  compulsory  Policy  communal  traditional land allocation  state  was  tenure  an into  institutions  INTRODUCTION / 3 It is hoped  that the  management  policies  those  interested  in  traditional society.  (a) to  conclusions in  drawn will be  Lesotho  using  and  legislation  an important input to  elsewhere. to  effect  They should social  The study's specific objectives  future land  be  of  interest  transformation  in  a  to  relatively  are:  generate information about historical and contemporary land management  and  land allocation in Lesotho;  (b)  to  determine  the  community  members  and government  officials'  perceptions  of  VLAC;  (c)  to  analyze  connected their  the  operation  of  VLAC's  to the overall land use  decisions,  fairer  to  the  and  determine  whether  planning; and whether  contending  applicants  and  they  land  allocation  is  are more rational in  better  address  the  more  pressing community land problems than the traditional system;  (d) to  secure  from government  officials  and community members their evaluation of  VLAC contributions toward land management  (e)  to  generate  recommendations.  conclusions  that  may  at the community level; and  be  useful  in  developing  policy  INTRODUCTION / 4  7.3.  THE STATEMENT OF THE PROBLEM  The  implications of a rapidly growing population on a limited land base have  the  soure  supply, chiefs the  of  the  major land management  pressures  allegedly  began  community.  adopted  the  grew to  for the accept  In an attempt  idea of  problems  chiefs  to  in Lesotho. allocate  bribes and to to  do  As demand  more  and more  serve a few  something  for the  favoured  people,  seem to have realized the need to adjust land allocations population  pressure  and  settlement  expansion.  extent to  which VLAC  the  decreasing  One aspect has  led  to  of  arable this  land  study  positive  The  members  of  government  but does  not  in the light of increasing  because  therefore,  adjustments  exceeded  sites.  the  democratizing land administration through VLAC  been  of  soil  will be  erosion  to  and  analyze  to  the  decreasing  "being  a chief"  the  question  been  contentious.  the  area of  arable land.  Although power  central  and  land  to  defining  the  administration  role has  of long  The  of  chiefly  traditional  land  allocation system has often  been criticized for being open to abuse since the  chiefs  worked  any checks  chiefs  alone  and without  did  not allocate  for  administering  and  balances.  It was  land fairly and impartially and therefore, so  valued  an  asset.  The  thrust  also felt that  were not of  the  the  best agents  criticism  can  be  summarized by saying that it has long been felt that land should be brought under a more abuse legal  democratic  should  be  and rational system  curtailed.  Thus,  in  of 1979,  administration and that Lesotho  set  framework for land administration, The Land Act of  the establishment  of VLAC's with representatives  in  place  1979,  opportunities a new  which  of community members  for  modern  provided for in decision  INTRODUCTION making  on  solution  allocation  whose  members study  the  are  will  results  of  land,  in practice  really involved  therefore  in  its  depend  in the  part,  management on  decisions  examine  the  the  and use.  However,  extent to  VLAC's  this  which the  making process  of  the  decision-making  / 5 is a  community  VLAC.  This  process  and  determine the extent to which the community members are in fact involved in it.  While  the  devolution  of  land  administration  functions  to  local  institutions  is  in  theory a sound one and satisfies the needs of the community members in a variety of  ways,  it  impression  was  of  established  functioning  well  understanding of their duties be to  investigate the  by  Dalberg , (1988) since  and role.  they  did  that  VLACs  did  not  give  not  seem  to  have  a  actual functioning of VLAC's,  by  community members  land allocation decisions,  was  undertaken,  aspects,  a  therefore, and  position  what  they  perceive  be  confused  based  on  people  who  to  tool  1980;  to  for  are mostly  affected  of the role of VLAC, before this study and  generally  emphasized  of  adequate  information.  lack  the  negative  The  study  of the  VLAC  misinterpretations.  control  the  determining  Mosaase  be their  1979.  in part attempts to analyse community members' perceptions  capacity  strategic  in Lesotho are the  their knowledge  to  often  to clarify possible  VLAC's  Bank  seemed  clear  Another aspect of this thesis will therefore  role and review the land allocation procedures under the Land Act of  While the  the  1984).  how the VLAC functions  allocation  a desirable  of  land use  Another aspect  relate to the  land  of  has  been  pattern  this  thesis  seen  by  (WCARRD is  overall planning process  an  many 1982;  as  a  World  investigation  of  and identification of  INTRODUCTION  / 6  policy implications related to the need for such integration.  1.4. DATA COLLECTION METHODS  The  procedure used in carrying out the study may be divided into two phases, viz.  a) Review of relevant literature and an analysis of government publications; and b) a field research carried out through questionnaire survey (structured interviews) in six selected areas as detailed in Table 2.  The  six areas were  two  areas were  the  lowlands.  chosen  chosen  on the  from  the  The main reason  basis of their location in different regions, highlands, two  for choosing  from  areas  the  from  foothills different  and two regions  i.e., from  is that  Lesotho is divided into three provinces or zones which broadly determine land use. For  instance,  in  the  highlands  the  predominant  land  use  is  livestock production,  while the lowlands are mainly used for cultivation since it is where the most arable land  is  found,  while  sample  areas on the  Selecting  the  foothills  have  basis  a  mixture  of  cultivation  of their zonal location was  and  grazing.  therefore  seen as  crucial in ensuring a wider coverage of land management issues in different settings. Two  communities per region were  chosen  for study in order to  make the  sample  more representative.  Three sets of questionnaires were prepared and respectively deal with: (a) was  VLAC used  members' to  selected areas.  perceptions  interview  all  of  their roles  available  VLAC  and procedures  members  or  34  - this  questionnaire  respondents  in  the  INTRODUCTION / 7 (b)  Community members'  interview  ten  percent  of  perceptions  of  all villagers  or  VLAC 239  -  this  questionnaire  community  members  was  used  in the  to  selected  areas. (c)  Government's  Administration questionnaire government  Mainly  Officer was  officials  appendices  response  perceptions  per  used  open-ended  important  7.5.  officials'  district  to  of  VLAC  responsible  interview  - there  for  all available  all  is  one  VLAC's  Land  Government  in  that  Land  area.  This  Administration Officers  or 5  in the selected areas.  questions areas.  were  asked  to  English translation  B1, B2 and B3.  ensure  of  the  a  thorough  questionnaire  coverage  are  of  included in  Sesotho versions were administered to the  respondents.  ANALYSIS OF THE FINDINGS  Analysis of the findings was focussed  on determining the effectiveness of VLAC's in  managing land at the community level.  The analysis consisted  a) Analysis of  of  members  the  provided  role a  and procedures framework  for  VLAC's  as  understanding  of four elements:  perceived the  extent  by the to  committee  which  VLAC  members were clear about their duties; b) Analysis of land  examined  contending was  the the  provisions extent  to  of  which  applicants; it examined  integrated  with  the  the  overall  the  Land Act of VLAC  was  extent to  planning  1979 more  regarding the rational  which the  process;  these provisions addressed the major land problems;  and  also  and  allocation of fairer to  land allocation the  extent  to  the  process which  INTRODUCTION / 8 c) Analysis of the Community members' perception of VLAC; and d) Analysis of the officials's  the  District Land Allocation Officials' evaluation  judgement  of VLAC's looked  at  of successes and failures of the VLAC's and their functions  in the foreseeable future.  1.6. ORGANIZATION OF THE THESIS  Chapter  two  provide the  of  the  necessary  study  describes  the  background for the  salient  features  treatment  of  of  the  study  land management  area  to  and land  allocation problems in Lesotho.  Chapter three Lesotho. background  presents an overview  It is theoretical, to  the  of land management  but with a systematic  changes  in the  land tenure  at the community level in  approach aimed at providing some system  and the  evolution  of  the  Village Land Allocation Committees.  Chapter four contains and  the  results  analyzed in chapter five.  findings and conclusions  of  the  field  research  which  are then  interpreted  Finally, chapter six presents a summary of the main  of the study.  CHAPTER  2.  SALIENT  FEATURES  O F T H E STUDY  AREA  2.1. GEOGRAPHICAL SETTING  Lesotho with  is  a small,  an area of  mountainous  30,355  square  country kilometers  completely  surrounded  and an altitude  by  South  ranging from  Africa,  1500-3400  meters above sea level(see Fig. 1)  Figure 1. The  territory of  Lesotho  Location Of Lesotho In South Africa  can be  divided 9  into  two  physical  provinces  (Bawden &  SALIENT FEATURES OF THE STUDY AREA / 10 Carroll, the  1968); the  entire  separated constitutes  area, by a  mountain and  the  province  the  lowland  foothill  region.  slightly  different  and  in the  region In  in  the  immediate  east comprising about the  west.  South  East,  landtype.  The the  ;  2.1.1.  The  Field  location  Study  of the  areas were chosen lie within the  provinces  Orange  River  2  shows  of are  valley  Lesotho  (1968).  ! L o w l a n d R*Q'On District  Figure 2.  percent  two  Figure  with districts and provinces as published in Bawden & Carroll  75  fioundory  Provinces and Regions in Lesotho  Areas  six areas examined  in this study are shown  in pairs within similar physiographic  mountain province and are situated  regions.  in figure  3.  The  Two of the areas  in the Thaba-Tseka (Mohlanapeng)  SALIENT FEATURES OF THE STUDY AREA / 11  Figure 3. The Location of Study Areas and  Qacha's  lowlands districts  and and  Nek  (Mosuoe-Tsepiso)  are  situated  the  last two  in lie  the within  districts, Mafeteng the  while  the  (Mathebe)  foothhill  region  other and and  two Maseru are  are  in  the  (Matukeng)  situated  in  the  SALIENT FEATURES OF THE STUDY AREA /  Figure 3 .  Continued.  12  SALIENT FEATURES OF THE STUDY AREA /  Mohlanapeng  location  map  13  SALIENT FEATURES OF THE STUDY AREA / 14 Berea  (Mahlatsa)  and  areas are presented  Leribe  (Lisoloane)  districts.  The  local  names  of  the  study  resources.  The  in brackets.  2.2. GEOLOGY AND SOILS  For  an agrarian nation,  type  of  the  agriculture as well  upon the  is  as the  natural soil endownment  improves this endownment, of  soil  Lesotho  would  be  one  of  general  the  most  levels of  and upon the  without  activity and prosperity depend  management  or alternatively degrades  complete  fundamental  some  it.  which  maintains and  Thus, no geographic picture  mention  of  soil  and  geologic  description.  The  bedrock geology is characterized by a sequence of near horizontal sedimentary  strata which 1988)(see altitudes,  are topped  fig.  4).  The  forming  under a resistant  of  sedimentary  escarpments.  The  basalt strata  Berding  1982).  which  sometimes  The  cut  geological  formations  described  in  detail  country  through the have given  in  "Soils  of  in the  is  in  the  consist  sloping  crossed  whole  mountain  outcrop  escarpments  bedrock layer with gently  1984;  and  by layers  lowlands  at  steep  debris  planation surface  by  sequence  of  province (Nordstrom,  dolerite of  strata  and  different  above  slopes (Schmitz  kimberlite  (ibid.).  The  dykes  different  rise to different soils of Lesotho, which have Lesotho"  (Conservation  Div.,  1979a),(Cauley  been 1986),  (Nordstrom 1988), from which the information in the following three paragraphs  originate.  The  mountain  and  foothill  consist  of  volcanic  rock  (basalt).  The  rocks  are  SALIENT FEATURES OF THE STUDY AREA / 15  H E3 <=> ™ "  Lesotho Formation: basalt lavas Clarens Formation: sandstone Elliot Formation: sanstone «nd shales Molteno Formation: grits, sandstone and shales Burgersdorp Formation: shales and mudstone Sandstone scarp  ( S o u r c e : N o r d s t r o m , 1988)  Figure 4. Sedimentrary Strata Of Soils moderately  weathered  neutral soils. the  and have given  Soils developed  plateaus overlooking  strongly found  acid soils. that  have  the  Below  developed  rise to  form the lowlands.  the  fine  and favorably structured,  Clarens formation (sandstone) are found on They are sandy,  escarpment,  from  dark colored  on  subsoil  the  true  materials  light  or dark colored  lowland derived  and  portion, soils are from  the  Molteno  and Elliot Formation and alluvial and colluvial sediments.  Conservation Division (1979a) recognized  and described  and  to  Cauley (1986) added  soils found  along  valley  another  one  this  group.  bottoms and characterized  five  duplex  soils in Lesotho,  They are  by extensive  typically  lowland  gully systems.  In  SALIENT FEATURES OF THE STUDY AREA / 16 the  mountain  and foothill  soil erodes more which  in many  zone,  sheet  presents  an  exposing the  zones, the  easily than  the  volcanic soil is friable  sub-soil.  The result  cases have reached bedrock,  erosion; example  is of  more a  characteristic  severe  case  of  in  texture  soil  the  top  is that whereas gully erosion,  is a spectacular feature of  and the  mountain  erosion  in  of  zone.  Qachas'  the  lowland Figure  Nek  5  district  bedrock.  Figure 5.  Lesotho is thus  Severe erosion in Qachas Nek  faced with a problem  of  a limited  and deteriorating  land base due  SALIENT FEATURES OF THE STUDY AREA / 17 to fragile soils which also rest on gradients that are too The  task of  determining the  proper balance  between  producing optimum yields in  line with the carrying capacity of the land is a serious  The  problem  of  soil  erosion  has  productivity in farming; a deficit and  gainful employment  the  dependance  However,  if  on  also  resulted  in food  in  migrant numbers  challenge.  low  These  from South Africa, where decline,  fertility  of  production; and lack of  opportunities in agriculture.  remittances  steep for normal stability.  negative  have  the  soil;  low  income  incentives  in turn,  increased  Basotho generally migrate.  per capita growth  rates  will  follow  swiftly in Lesotho unless the domestic economy can provide off-setting stimuli!  2.3.  The  CLIMATE  climate  of  Lesotho  is  classified  summers and cold, dry winters about  20  degrees  centrigrate  (Carroll in  dropping below zero at night. degrees centrigade the  mountains  occasionally length of  of  for  snows time.  and the  the  temperate,  lowlands  winter  of  snow  the  mechanical weathering  (Carrol  temperatures  moist  frequently is 20  Snow  is common in  months.  Though  never stays on  & Bascomb, 1967).  warm,  maximum average  winter  Frost occurs throughout winter months,  by  Temperature averages  degrees centrigade.  periods the  with  mountain areas, the  minimum -7  lowlands,  characterized  and Bascomb, 1967).  In the  considerable  in the  as  the  it  ground for any  and is a powerful agent  At times  frost  occurs during  the time when crops are growing, causing considerable damage.  Like  temperature,  rainfall  is  also  related  to  topography.  Mean  annual  rainfall  SALIENT FEATURES OF THE STUDY AREA / 18 increases  with  Scherer, 900  altitude  1978;  with  local  effects  Smithen and Schulze,  superimposed  1982).  The lowlands  mm while in the mountains annual rainfall ranges  mm.  The  percent April  of  with  months  the  annual total  receives  rain  falls  maximums in December  is  highly desirable  namely  phenomenon the  river valley  of June and July when  rain fall crops  Orange  maize,  as  during the  and January.  between 1000  is the  growing  rainfall,  averaging  summer  months  beans  the  and  whole  the  season  peas.  country.  lowlands  or four years  500 of  for the  to  1300  mm.  85  October  to  in the  winter  The summer country's major  Drought  is  a  During periods  experience  600  mm and  recorded.  this  article;  between  less than 5 mm are often  sorghum,  at two  least  receive  rain falls  animals die while  drought are estimated  the  unpublished  Minimum  and usually affects  mountains  (LSPP,  common  of drought in  crop failures.  duration during each  Periods of  decade  (Food &  Nutritional Co-ordinating Office, 1984).  Tyson in  the  18.65 an  and Dyer (1975) analyzed Southern  Africa  since  years between 9 to  average,  shorter  there  oscillation  meteorological  1910  and  concluded  10 year long wet  that  summer rainfall  there  and dry spells,  periods  of  2.35  and  Tyson (1981) tentatively  fluctuations  in the  position  of  the  dry or wet  opposite.  Eckert  spells do  (1982)  subtropical  exist,  compared  years  that  an  region  oscillation  of  periods when,  on  They also detected 2  contribute  to  the  annual  suggests that the longer oscillation is linked to  Ocean for which a 19 - year oscillation within the  3.65  is  i.e.  is less than normal rainfall and vice versa.  deviations.  Lesotho since  data for the  heights  of  period has been i.e.  the  found.  a dry year within  Tyson and  Dyer's  Atlantic and Indian  findings  Annual variations  a wet with  1910 and concluded that the pattern also applies here.  spell the  or the  rainfall in  SALIENT FEATURES OF THE STUDY AREA / 19 Other negative climatic factors include hailstorms which are prevalent in the summer months and which cause great damage  to crops and property.  country  hailstorms  can  expect  seven  to  eight  each  year  Most parts of the (Yahamaya,  undated).  Dust-storms also occur frequently damaging and eroding the soil.  While average acceptable levels  of  rainfall  and temperature  both  be  considered  for crop growth, the climate seems to be characterized by unusually high variability -  the  irony here  unsuitable  for  insufficient  rain  poor crop  production which  agriculture's continues  levels in Lesotho would  agriculture, during  the  contribution  as  more  aid  receive  to is  is  the  growing  highest  rainfall  results  in famine.  in  assistance to implement development  mountains,  Drought  drops.  sought,  the  season.  in turn GNP  that  The  terms  of  while is  the  are  During  and  of  money  receive  results  period of  state  food,  otherwise  lowlands  common  country's both  which  in  drought  dependency and  technical  projects if not for day to day survival.  2.4. THE ECONOMIC SETTING  While the  a detailed  basic  macro-economic  economic  parameters  background  are  outlined  the urgent need for sound land management  The  economy  developed Stat.  1979;  descriptions  of  Lesotho has been  economy, Murray focus  is here  on  the  crucial  to  the  provide  scope an  of  this  understanding  variously described as a dual economy,  1982;  and a dependent  FAO 1982;  importance  study, of  practices in Lesotho.  an export-import economy 1981;WCARRD  beyond  of  World  foreign  economy  Bank  trade.  At  1980).  a least (Bur. of These  independence  SALIENT FEATURES OF THE STUDY AREA / 20 Lesotho  inherited  Productive  an  activity was  economy  that  oriented  towards  for export and consumption was  was  highly  dependent  supply  of  the  limited largely to  on  a few  external  primary  trade.  commodities  imported goods (Morojele  1983;  Eckert 1980; Wallis & van de Geer 1984).  Although prices was,  agriculture is the  has  fluctuated  however  increases  during the  boosted  remittances  largest  in the from  sector, ten  its sectoral  year  period  same period, not  migrants  employed  1984  and constituted  This  situation  placing  51.4  exposes  determined  by exogenous much speculation  According  to  increasing  mechanization to  its  1984.  South  Africa.  GDP at current National  income  by the  massive  For example,  have increased by 14.0  bond  of  external  economic  having its rural income  the  percent in  and  policies  (Spiegel,  there  in the  will be  South African  1980).  unemployed  and  a considerable mines,  those  dependence;  and development  regarding the future of this external  (1982),  own  major of  factors  has been  preference  first  position  WCARRD  ending  the  percent of GNP (Bur. of Stat. 1987; WCARRD 1982).  the  Lesotho in the  to  of  by agriculture but  in  average salary of mine workers was estimated  share  largely  Furthermore, there source  reduction  of  income.  arising from  South Africa's policy of giving  from  the  "homelands",  as  well  as  longer-term contracts for more experienced workers.  Lesotho is a member of This  relationship  (1981), on the large  has  both  positive  market with  the  great  side,  South African advantages Lesotho  and  Customs  Union  disadvantages.  (SACUA)  According  has, with some exceptions,  purchasing power.  For some  (LASA,  free  to  1978). Murray  access to a  agricultural products  Lesotho  SALIENT FEATURES OF THE STUDY AREA / 21 benefits from support prices paid by South Africa. is  the  severe  goods,  constraint  undermining  Lesotho's  imposed  not  only  by  the  providing  possibilities  agriculture to competition  against  However, the principle detriment a of  free  market  for  industrialization,  more effecient  South but  African  subjecting  production on terms and  prices decided by South Africa (Lesotho, 1980).  The implications go in  South  Africa,  labor-extensive of  capital,  hardly  in  the  local  Since commodity prices in Lesotho mirror those  farmer  and capital intensive  land a  even further.  and  position  lack to  of  effective  compete  in the  average  1230  with a total  (LASA,  1978).  not  reflect  those on the average  structure  management  Orange  farmers  mix at all.  for  policies,  Africa's agricultural Free  per farm investment  Basotho  set  a  land  Needless to say, given the  South  neighbouring  their relative resource  price  land  with  For example,  Consequently  a  agriculture.  1980).  hectares  faces  face  State,  the  shortage  producer is  products  (LASA,  white-owned  including land of  a relative  price  mix  and  farms  R452,536 that  does  Even with production levels equal  to  best South African farms, it is doubtful that Basotho farmers with an  of 2/3  acres of land and no equipment or investment  capital can  compete  with South Africa's agricultural products.  All  these  facts  lock this  Lesotho state  into of  an  intimate  cannot  relationship  Africa.  However,  therefore  urgent for Lesotho to build strong land management  the country to face this challenge.  dependancy  economic  continue  forever  with and  South it  is  policies that will help  SALIENT FEATURES OF THE STUDY AREA / 22  2.5.  POPULATION AND LAND USE  2.5.1.  Population  It has been which  is  mentioned earlier that Lesotho is a mountainous country 75 percent of  3,000  lowlands  and  above  sea  foothills  level.  which  1963c; Bur. of Stat., 1972,  The  population  population  being  is  1987)  constitute  of  African  and the  the  about  population  a third  of  is  concentrated  the  with  origin.  In 1986,  number of  more  Sesotho  than  98  language  percent is  spoken  of  the  and  to  understood  the population of Lesotho was 1,477,000 (Bur. of rural household  landless  will  other  African  countries  been very high, but because  resources.  in  de-facto  around 280  000,  with an  average persons  square kilometers.  Compared not  the  land area (Morojele,  area under cultivation of about 1 ha/household, and an overall density of 51 per  in  1988).  homogeneous  throughout the country. Stat.,  Most of  1970  In fact,  households to  continue  several  25.4 to  decades  of  the  population  Statistics  in the rural areas is estimated  be until  the  in 1986. greatest  methods  Thus  to  for  Lesotho  for  devised  techno-environmental carrying capacity of the land.  policy to  (1988), the  has  proportion of  have risen from  a problem of  challenge are  rate  its terrain this growth could strain its limited  according to The Bureau of  percent  growth  bring  land shortage makers the  and  12.7  percent  in Lesotho planners  population  for  within  SALIENT FEATURES OF THE STUDY AREA / 23 2.5.2.  Land  Use  There are two and  predominant types of land use in the study areas, namely agricultural  non-agricultural.  lowlands  Agricultural  and livestock  farming in the  uses,  settlement,  is the  than  the  regions.  other  topography,  the  2.5.3.  is  the  of  the  country's  predominant  economic  GDP is declining.  crops:  sorghum,  land use  practised  in  the  Under non-agricultural land are more  limitations  intensively  offered  by  land remains wasteland  the that  settled country's  cannot  be  rocky, steep and gullied land.  Use  contribution to  predominant  cultivation  The lowlands  This includes escarpments,  the  maize,  include  mountain region.  Because  Agricultural Land  Agriculture  use  main category.  remainder of  put to much use.  land  beans,  is  activity  The lowlands peas  and  grazing, while  the  in  the  study  areas,  are mainly used  wheat.  In  foothills  have  the  though  its  for cultivation of  mountain  a mixture  areas  of  the  cultivation  and grazing.  As  Cultivation  already  poor  indicated  quality  intensively  and  above  thus  cultivated into  resulted  widespread  in  small  geology  susceptible  and  fragmented  (section  because  units. sheet  to of  This, or  erosion.  Despite  population  pressure,  coupled  gully  & soils) the  with  erosion.  soils  in  this  Lesotho  fact  much  lack  of  soil  Figure  6  shows  of  that it  are of land  has  been  consevation, the  is  extent  has of  SALIENT FEATURES OF THE STUDY AREA / 24 erosion on some cultivated lands in Mosuoe-Tsepiso community.  Figure 6. It is estimated per most  that  soil  erosion  annum (Chakela 1974, fertile  soil  has  1987;  resulted  in  Erosion in Mosuoe-Tsepiso decreases  the  country's  Nordstrom 1986,). the  loss  fertility  arable land by 2 percent  The erosion accompanied  of by  the  top and  declining crop  production (Bur. of Stat., 1987c).  Despite lowlands,  the  fact  that  cultivable  In absolute  agriculture  land is  is  becoming  the  scarce,  as  important both  economic  in absolute  activity  and  relative  in  the  terms.  terms because as shown above, the land is being eroded by 2 percent  each year and fertility is declining (Potter, because  most  a result  of  increasing  1982;  Nordstrom 1988).  population pressure,  In relative terms  an increasing  proportion do  SALIENT FEATURES OF THE STUDY AREA / 25 not  have  access  to  land  and  must  therefore  seek  alternative  income  earning  activities.  Livestock  Farming  Livestock farming is practiced mainly in the mountain region and to lesser extent in the foothills. is  also  Like in the  under  overgrazing. exceeded erosion  threat.  CPDO  the  lowlands the natural resource with supports this land use This  is  due  overstocking  (1984) estimates for 1981  carrying capacity of the  problems.  to  of  the  in  turn  leads  number of  to  livestock  serious overgrazing and  the vegetative cover of the mountain  Lesotho's  rivers (Pirn 1935;  Geer & Wallis, 1984;  Lawry, 1982; Potter, 1982).  Nonetheless,  products are one  livestock  that  land and has led to  Overgrazing also threatens  sponges which form the sources  show  which  of the  Morojele 1963;  country's main exports.  De  Lesotho is  an important world producer and exporter of wool and mohair.  2.5.4.  Non-Agricultural  Settlements  Traditional  Basotho  hill  (Makhanya,  slopes  was Africa  a  defence in the  Land  villages  were  1979).  against early years  Use  The flatter  invading of  located  the  enemies  mainly on land was during  nineteenth  the  mountain and  preserved for agriculture.  the  century  north-facing  wars  that  (Sheddick,  ravaged 1954).  This  Southern The steep  SALIENT FEATURES OF THE STUDY AREA / 26 slopes  were  less  accessible  while  the  buildings  surrounding rocks to offer a natural camouflage  In  recent  this of  years,  pattern the  is  due  to  population  changing.  Settlements,  bigger towns are becoming  preservation  of  good  accessibility,  especially  to  roads  to  blend  in  with  the  (ibid.)  and  lack of  particularly in the  proper control lowlands  on  measures  the  outskirts  more dispersed, with little or no regard for the  agricultural  allocation and sale of land. become  pressure  tended  land.  and  The  main  commercial  consideration  centers  Thus ribbon development  and  the  seems  to  increasing  be  illegal  along major bus routes  has  a common phenomenon.  2.6. CONCLUSION  Lesotho's  geographic  socio-economic and  it  is  Lesotho's  development.  surrounded  adversely affect  it.  soils  over-concentration tenth  of  overstocking  reality  the and  by  has  a  negative  influence  Lesotho is one of the smallest the  Republic  of  South  Africa,  This puts the country in a dependent  are of  highly  erodible  population  country.  in  the  and  lowland  Overpopulation  overgrazing.  its  The above  has,  on  factors  the  threaten  the  country's  countries in the world  which  has  policies  that  and vulnerable position.  inhabitable regions  on  terrain  which  represent  other the  has  hand,  led  to  about  a  triggered  land which  is  the  land for settlements on  the  most valuable resource in Lesotho.  There is also evident  competition  between the  use  of  SALIENT FEATURES OF THE STUDY AREA / 27 one  hand, and agriculture on the other.  encroachment land  allocation  of  settlements on  and  land  This, plus a lack of planning has led to  grazing and agricultural areas  sales.  Unless  more  serious  and noticeable  measures  are  illegal  taken,  scarce  the  above  arable land is going to disappear under settlements.  The  legislation  problems introduced  was by  intended introduced the  to as  Act was  address the the  the  land  Land  Act  removal  of  chiefs to Village Land Allocation Committees.  allocation  1979. the  land  aspect  Among  the  allocation  of  major power  changes from  the  CHAPTER  3.1.  LAND  3.  MANAGEMENT  IN  LESOTHO  INTRODUCTION  Lesotho's  approach  production most  and  tenure,  the  problems  development  Sub-saharan  land  to  African  or  the  has  not  countries.  extent  to  of  land  been This  which  management,  very is  the  different  declining  from strategies found in  particularly the administration  case  of  land tenure  was  system of  first  examined  in  substantial  literature  has  portions  constitute  Lesotho  1978  has received  (Eckert,  accumulated  descriptive  Over  representing generated  the  several in  is  respect seen  as  attention  intervening  an  since  it  decades  a  perspectives.  this  to  in development.  a great deal of  1980).  material,  with  land  important factor contributing to the realization of policy objectives  The  agricultural  unique  Significant  example  of  a  Southern African land institution.  A  major  focus  of  traditional tenure security seem  of  to  provide  attention  practices.  tenure  be  for  fertility (ILO, 1979). of  the  Laws of  tenure (see the  Chief  with  This concern  appendix A1).  upon  which  the  supposed  concern  inhibiting  being the  Adequacy is variously defined,  a sufficient  investment  Lerotholi  been  The most voiced  (Eckert, 1980).  concerned  incentives  has  in  permanence  modern  agriculture,  is expressed until  1979  of  one's soil  effects  of  inadequacy of  the  but  land use  conservation  primarily in Sections  were  the  formal  most  legal  7(2) basis  writers  rights  to  and  soil  and  7(3)  for land  These laws provided for frequent inspection of lands by  or Headman and for resciding allocations.  28  The grounds for revoking an  LAND MANAGEMENT IN LESOTHO / 29 allocation in the  Laws of Lerotholi are: a) land that is thought to be in excess of  the  subsistence  household's  cultivated"  for  two  needs  successive  and; b)  years  is  land  then  system  checks  and  1954).  was  that  balances  In short,  the  to  the  "fairness  deficiencies  of  and  the  few  favoured  members  of  the  these  been  those  powers  impartiality"  traditional  chiefs who were allegedly abusing the system a  to  not  "properly  with  inadequate  One criticism of the traditional land  chieftainship exercised  ensure  had  reallocated  holdings (Eckert & Mohapi 1980; Lawry 1988). tenure  which  without  (Quinlan  system  adequate  1983; Sheddick  were  blamed on  the  by accepting bribes and serving only  community (Stimela 1975;  ILO 1979;  for this  Land  FAO 1980;  Williams 1972; Perry, 1987).  The  corrective measure  December the  1979.  Ministry  proposed  The Act officially took  of  Interior  became  problem effect  engaged  was  on  in  the  June 16,  the  Act gazetted  1980,  prepatory  in  at which time  work  of  training,  organizing and staffing required for implementation.  The  Act reflects  an awareness  communal  tenure.  agricultural  leases;  The  of the  major problems that have been attributed to  legislation  strengthens  modifies  individual  Allocation Committees (VLAC).  tenure  the  inheritance  laws;  rights; and establishes  introduces Village  Land  (Mosaase, 1982,1984; Mashinini, 1983; Williams 1972).  3.2. LAND TENURE  Several Lesotho.  books The  and  articles  publications  have  been  by  authors  published such  as  on  the  land  Sheddick  tenure  1954,  system  Phororo  of  1979,  LAND MANAGEMENT IN LESOTHO / 30 University of Chicago Team 1963,  Stimela 1975,  Murray 1976,  1972,  1983.  based  Makhanya  1979,  number of  interesting  is  the  beyond  range  of  Mashinini features  scope  social,  of  of the  this  economic  were  on  land tenure system  thesis  to  present  Cowen 1967, Williams  fieidwork of  Lesotho.  a detailed  and political implications of  the  and  analysis system  reveal  a  However, it of  the  whole  - rather a brief  exposition of selected features of the system that may be relevant to the discussion in chapter 5 of this study will be  The  traditional system  land belongs  disposed  As  of  it  land,  and only  (Sheddick,  land  could  1954).  In  short,  the  and is administered on their behalf by the  not  be  owned  or group without  Effectively,  had access to  power to allocate for  such,  as a whole  by any individual  used  community.  of land tenure in Lesotho is communal in the sense that all  to the people  chieftainship.  presented.  it as  Basotho  land was vested  no  reference  individual  long  as the  people  had  in the office  privately  or  to  could  the  claim  occupant was usufructory  of the  administered  and  community that exclusive  use  of  a resident  of  the  rights  to  land.  The  Kings who acted as trustee  the nation (Mashinini 1983; Makhanya 1979).  One  of  Until  the  which  the  middle  provided  therefore, and  little  land  use  experienced Cape  distinctive  Colony  of  characteristics  the  ample  19th  (Eckert,  land  1980).  ownership  in what  for  was  Lesotho's  Century,  resources  requirement  of  the  relative  Basotho  to  need  formally specified During  difficulties termed  the  land tenure  the  created "great  people  is its settled  (Quinlan,  procedures  period  1836  recent on  1983). governing  to  1870  by the  Boers  who  trek".  Pursuing game  origin.  their land There  was  land rights the  Basotho  emigrated  from  and pasture,  LAND MANAGEMENT IN LESOTHO / 31 parties of  these Boers came  for  periods.  short  visits  became  settlement. King  of  as far as the  Initially the  prolonged  Basotho  Boers were  and  began  to  frontier, remaining at first only  accepted, assume  but  the  as  time  went  appearance  of  on  their  permanent  According to a memorandum written at the dictation of Moshoeshoe  Basotho,  he  regarded these visitors  resting place (Makhanya, 1979).  The emigrant Boers, however,  defined  territorial boundaries existed,  settled,  claiming that  it was  as tenants whom  he  1,  had assigned  a  being aware that no  claimed the right to the land upon which they  derelict,  and theirs  by virtue of  occupation (Langden  1909).  According resulted in  the  to  Sheddick  (1954)  in a series of disputes defeat  of  Basotho  agglomeration  of  nation,  held  a  the  fig.1).  principle in trust  to  that  land  for the  continued  effort  to  all  of  people  onto  apartheid (Barnes, 1932).  concept  1850's.  considerable  the  the  by the  of  land  This ended land to  arable land to  land rights. was  the  the  ignominiously Orange Free the  limited remaining area created  the  Moshoeshoe common  the  ownership  plus  by the fact that during the Union of  Boers  I, in 1905,  property  paramount chief  incorporate Lesotho into the  was only abandoned in 1950 of  in  The loss of  attention  principle was further strengthened was  loss  many kinship groups  for more explicit  established  difference  and wars in the  and  State in South Africa (see  need  this  of  (LASA,  the  therefore Basotho  1978).  This  colonial period there South Africa.  when the South African Government adopted  This  a policy  LAND MANAGEMENT IN LESOTHO / 32 3.2.1.  T h e A l l o c a t i o n of  Although actual  the  power  administration  hierarchy of chiefs, chief  to  was  in  was  must  be  allocate  charge  of  pointed  land was  entrusted  sub-chiefs  process was delegated it  Land  vested  through  a  in  the  process  office  of  within  his  For example,  ward,  yet  that  the  power  of  the  King,  Laws of Lerotholi, Act no. 22 of 1968) "institutional  mechanism  whereby  its  to  the  a principal  to the hierarchy of political authorities under him. out  King,  responsibility  chiefs  allocate land was not necessarily a right as some writers infer.  an  the  decentralization  and headmen (Perry, 1987).  land allocation  of  and  for  the  However,  headmen  to  It was a duty (The  and as Hamnett (1975) puts it, was actually  the  national  ownership  of  the  land  is  given  of  each  practical expression".  Land  allocation  was  intended  Mosotho (Mashinini 1983;  to  ensure  the  subsistence  Denis 1987; Williams 1972).  requirement  It included a residential site  with or without a garden, depending on local conditions, and three parcels of land for  cultivation.  differed (0.81  There was no standard area for the size of these parcels and they  according  ha)  in the  to  topographic  mountain areas  conditions. and three  In  1937,  they  acres  (1.21  ha)  averaged each  two  in the  acres  lowland  zone (HMSO, 1937).  Grazing or  land and lands with resources  thatching  communal land tenure  grass,  were  (Makhanya, system  never  1979).  such as building material, trees, wild plants  allocated  to  individuals and were  According  to  Eckert  in Lesotho were  (1980)  equity and subsistence.  the  therefore  foundations This meant  wholly of  the  that  the  LAND' MANAGEMENT IN LESOTHO / 33 amount of  land a villager held was  determined  more by what was  individual's subsistence needs rather than the occupant's  3.2.2.  P l a n n i n g and  Since  land was  Lesotho, the  and is still to  tenure  and  administration  1983; the  of  land  exception  to  was  has  had  ward  chiefs  decentralized  this  pattern  of  large  tracts  as  of  capacity to farm.  Context  primary factor of  important  to  the  social  production in  role.  hierarchy of  Traditionally  chiefs  (Quinlan,  boundaries of the jurisdiction areas of  published  decentralized  the  an  Figure 7 presents the  and  covering  Traditional  a large extent,  administration  Cowen, 1967). principal  areas  Participation in the  regarded as an  in  Gattinara  authority  mountainous  (1984).  occurred  open  in  grazing.  However, the  cattlepost  These  areas  administered directly by the higher chieftainship with little or no delegation chiefs  in  order  restoration maboella, be  of  empowered  areas,  recover  grass  the  cover.  pasture  This  duty  from to  overstocking  administer  though vested in the paramount chief,  delegated  and  to  Occasionally,  inferior  chiefs.  The  chiefs  to  grass beds the  though and  chief  the  the  crop  could set  stock such as race horses,  system  could  residue aside  of  -  were  to junior  encourage  management  the  practices  could within certain territorial units with  such  delegated  power  to control grazing for the purpose of promoting the growth of  thatching reed  to  range  and  an  also be lands  applied to which, had  an area for exclusive  sick cows, dairy cows etc.,  use  pastures  preserving been of  one  were  treed  harvested. class of  (LSPP, 1988).  Arable fields were marked out by the chief who gave them to individual occupants. The  chief  opened  such  lands  for  communal  grazing  once  the  crops  had  been  LAND MANAGEMENT IN LESOTHO / 34  Figure 7. Chieftainship Boundaries harvested.  Traditionally the owner was  not allowed  chief gave the signal for general ploughing. by  be  cultivated fields  an annual inspection for  some  than sufficient  belonging  period  lands  time,  for their needs.  and  to  off the lands.  determine  identify  The chief  Permission had to be sought  which  which  land before  the  lands  families  Normally there had not  been  possessed  more  Land not cultivated for more than two  to families who possessed more than enough  given to those in need. grass.  of  of  plough the  The signal would also be accompanied  a warning to herd owners to keep their livestock  would  to  also controlled the  years  would be taken away, and use  of trees and thatching  to cut or damage trees in any way or to cut  LAND MANAGEMENT IN LESOTHO / 35 grass for thatch (Duncan, 1960).  3.2.3.  in  The  the  Right to  rural  1971).  areas  When  a  Use  Land  every  family  head  landholder ceased  had  to  use  usufructury the  rights  land,  such  to as  when the land was open to common grazing, his rights were when,  in the  opinion of  the  chief  and his advisers,  land  (Guillamord,  during  the  period  greatly reduced; and  a landholder failed, for some  reason or other to cultivate his land, he might have to forfeit it (Lawry, 1988).  According married British  to  Quinlan  Mosotho Imperial  male  police the  of  peace,  an  and (b)  Government,  State, arrogated to to  (1983),  itself  with  it  a taxpayer.  which  after  for  land  was  Taxation money  was  the  Boer  the  of  chief's  the  the  process  right  authority  of to  of  For instance  of  taxation  to  British a  secure  the  of administration".  to take land for Government camps, police posts, that  conquest  Lesotho and Orange Free State  "defray the cost of a minimum degree  believes  arable  certain important rights.  border between  and  applicant  Colonial  process  whereby  they  (a)  a  required by the the  Orange Free  it retained the right for the  maintenance  money  required  to  It also retained the right  roads etc.  intervention  generally  Thus, Sheddick (1954)  also  began  shifted  the  to  administrative  be  emphasis  agents of the colonial rule.  Murrary (1981) maintains that limiting the from group.  the  idea  that  land was  It should be noted,  only  allocation land to  granted  however,  to  that the  provide most  married men originated  subsistence  clearly defined  for the practices  family were  LAND MANAGEMENT IN LESOTHO / 36 intended and  to  accommodate  pressures  for  a traditional agriculture not  economic  integral part of their father's  The  development.  Prior  first step in acquiring rights to  was  not,  however,  (Makhanya, 1979). chief.  land was  has,  specifically  males  delineated  nor were  that  the  eliminated  this  custom  head  and  the  of  physical  markets  remained  an  local headman of an acre.  layouts  made to the  ever  done  same headman or  allotted to a family exceeded the this  extended  portions of his own land to his sons and nephews.  however,  external  of approximately one-eighth  The application for farming was  cultivating capacity so  reallocate  marriage  an application to  When land was plentiful the total acreage  family's  to  household.  for a dwelling site which normally consisted It  to  exposed  nearly all the  family was  able  to  Acute land shortage  land is  now  administered  directly by local headmen.  Land  generally  underutilization  became  available  or  a  by  for  re-allocation  landholding  which,  by  in  the  death  of  the  opinion  of  former the  holder,  chief,  far  exceeded the family's subsistence needs.  3.2.4.  The  Changes  system  instituted instance,  in  of  land  the  in 1938,  administration aim  of  in the  this  System  allocation  1930's  and  following  issued  the  of  Land A l l o c a t i o n  was  somewhat  1940's  under  formalized the  British  by  a  rule  series  (Perry,  official concern over proliferation of chiefs,  "New  Proclamation was  Native to  Administration Proclamation".  reduce  such  proliferation  and  by  of  reforms  1983).  For  the colonial The  intended  that  measure  LAND MANAGEMENT IN LESOTHO / 37 reduce  the  number  Government, village the  drew  headman.  the  (Murray  1981).  empowered  chiefs  However, by the  the  administration's  of  the  country.  headmen  principal  in the the  were officially  country  Court  Proclamation" by which  to  receive  Whereas  powers,  in the  the  twentieth  it  the  As a  reduced to  only  administrative  established,  salaries  went  by  1,340  Administration Proclamation" 121  chiefs  were  and judicial structure  thereafter,  from  the  all gazetted  treasury.  continued to transform the chiefs'  past  recognized  The same year witnessed the ratification  reorganize  regular  ward chief and  were  was  "Native  efforts  Native  Colonial  (Quinlam, 1983).  recognized  "New  The  chief,  gazette  the  rights.  without  saying  that  chiefs  According  to  administrative land  chiefs  had  allocating  century that power was increasingly controlled and defined  the colonial administration.  redefinition  chiefs'  of  authority.  issuers Matona to  in  country.  1946,  to  in  the  in  (1983), these revisions  The  listed  A National Treasury was were  in  listing every  authorities  who  Quinlan  by  areas  to hold court (Hamnet, 1975).  of  and  up a gazette,  legitimate  number of  replaced  administrative  Thereafter, only those  administration as  result,  was  thus,  of  land applicants'  interests  of  chieftainship  brought  Traditionally, chiefs  allocated  into  question  land  in  arable  claims (Hamnet,  control the  land was  over  chiefs  community  as  available 1975). and  In practice, however,  allocation.  Chiefs could, for example  chief's  Ideally, the  enabled  a whole,  individuals.  in the  arable  rather than  use land to  other  aspects  consultation  who were local elders appointed by the chief.  know what  community  the  with  of the  They were  to the  there was room for abuse appoint 'land issuers'  Matona be  land  expected  jurisdiction, and to of  the  assess  provided some allocated  advantage  of  in  the  specific  of this system of land who  would obey  their  LAND MANAGEMENT IN LESOTHO / 38 wishes  while  the  'land issuers'  themselves,  could  favor kin, friends  or those  who  would return favors (Hailey 1953; Perry 1983).  The  system  Matona  of  independence  in 1966.  of  abuses  curtailing  Poulter,  1972).  was In 1967,  on  arable  abolished  after  all chiefs  chiefs  compelled  not  land  allocation  and headmen to  Lesotho  gained  political  the Land Procedure Act was passed with the aim (LSPP  The Act provided for a system  assist and advise were  finally  follow  of  in the  the  1988; the  Perry  Land  allocation of  advice  of  the  1983;  Palmer &  Advisory Boards Land.  Land  However,  to the  Advisory Boards.  Table 5 presents a partial list of regulations governing land tenure in Lesotho.  These  Boards, according to  chiefs'  authority.  on  the  service  other to  allocation Perry  stemmed  hand, maintains that the  and generally believes  in  detracted political  which  from the parties  that  frequent  constituted  of  country, the  these  to  of  conflict  the  favoritism trouble over  chieftainship,  were the  formed  Committees.  Basotho  Party (BCP), were campaigning for electoral  the  general elections.  Boards  became  chief's abuses.  more  The result was  a forum for political  and  the  Land  it was  that  bribery  than they  the  At that  in  land  were worth.  Advisory Boards  in fact the political  fueled  the  time,  support in the  that the election debate  to  Williams (1972),  conflict the  two  National Party (BNP) and the  Congress 1970  challenge  Boards apparently paid only lip  generate more  committees  effectiveness  of  the  a blantant  simply ignored them.  complains  although  challenge  these  in the  some  appeared to  partly from the  context  (1983),  Consequently, some chiefs  overcoming  (1987),  Quinlan  of the  than a means  of  and main  Basotho  rural areas for Land Advisory curtailing  the  LAND MANAGEMENT IN LESOTHO / 39  P a r t i a l L i s t of the Legal Framework For Lesotho's Land Tenure'  LEGAL AND REGULATORY DOCUMENT  PURPOSE  Laws of Lerotholi  Decisions concerning land a l l o c a t i o n s have been undertaken under these laws u n t i l 1979  Land (Advisory Boards Procedure) Regulation 1965  Provides f o r the establishment of orderly procedures f o r the e l e c t i o n and functioning of Advisory Boards t o advise the Chief i n land administration matters  Land (Procedure) Act, 1967  (a) Provides procedure r e l a t i n g to applications f o r a l l o c a t i o n of land; (b) Provides f o r the e l e c t i o n of land advisory boards  Land Act 1973  Provides f o r the appointment of Development Committees  Land Act 1974 *  Land Act 1979  Lays down s p e c i f i c a t i o n s f o r membership, s e l e c t i o n , appointment, r e - e l e c t i o n , d i s q u a l i f i c a t i o n and other necessary rules f o r Development Committees Provides f o r the establishment of V i l l a g e Land A l l o c a t i o n Committees  Table 1. Land Regulations in Lesotho The  Lesotho Government did appoint a Land Complaints Commission in an attempt  LAND MANAGEMENT IN LESOTHO / 40 to  resolve  the  problems  generated  by the  but according to Quinlan (1983) it was  The  Land  1973  Procedure Act of  1967  was followed  the  Lesotho  National  allocation  and  improve  land administration.  (1981),  Committees  the  direct  significant  involvement  committees. by  the  three  of  the  For instance,  Ministry of appointed  Interim  replaced the  aspect  of  Land Advisory Boards,  ineffectual.  by  Development  formation of the  by the enactment  Assembly  in  an  Under this  attempt  revision  government  in  each committee  lay  the  in  the  Land Act  control  land  newly  designated  According  to Murray  way  election  the  to  Act, the  Land Advisory Boards.  this  of  it  and  allowed  operation  for of  these  was to include three members appointed  Interior and four publicly elected by the community (ibid).  members  had  to  be  the  active  members  of  BNP, the  The  then  ruling  political party.  Nonetheless, within land shift  the power to allocate  his area of jurisdiction. Act  1973  from  provisions  was  the of  accepted  customary  the  Land  and revoke land was still exercised  Therefore, Williams (1972) affirms that and  land  brought  into  allocation  operation  system.  Procedure Act 1967  and  it  its  although  introduced  Instead  thus,  by the chief  it  no  major  emphasized  implementation  the  the  did  not  bear  on  contribute to the improvement of land allocation and land use control.  An  additional  traditional increased migration.  development  land  use  customs.  wage rates by 500 The  fundamental  in  the  mid  At this percent factor  1970's  time in the  behind  the  brought mining  space of this  pressure  industry  30  migration  in  months was  to  South  which  the  great  African  increased income  LAND MANAGEMENT IN LESOTHO / 41 differential get  between  in the  other  what  mines.  costs  farmers could earn from  According  attached  to  it,  to  LSPP (1988), this  was  found  to  be  Obviously, the incentive for serious farming was  The  result  husbandry  was  a  practices  agricultural sector wage (4th of  increase,  on  decline  the  in  remaining  acreage  Development  Plan,  Lesotho Government to  strategy  was  not  new  It was argued therefore,  administered land  was  by  the  allocated  variety of reasons.  effort  chiefs,  to  tendency  and  a  induce migration.  to  the  to  general  neglect  proper  stagnation  in  of  lowest  levels  became  ever  recorded  an urgent  objective  in small plots  it as  Rugege (unpublished research paper) Lesotho  post-independence  Government.  It had  been  Lesotho, but had not worked  that the main reason why it had not been  associated who  the  the  Coinciding with the mine  It therefore  in thinking of  insecurity  a  Murray 1980).  According to  as hoped.  the  enough  the  depressed.  area,  38%  differential, despite  make agriculture more productive and present  development  was  income  high  land,  1986).  part of the  succesful  the  dropped  a viable alternative to migration. this  planted  (Eckert & Wykstra 1980;  planted  Five Year the  sharp  their land and what they could  were  with  the  allegedly  and could  be  traditional  abusing taken  land  tenure  the  system.  away  by the  so  system  Agricultural chiefs  for a  Neither of those factors was conducive to encouraging full time  farming, it was argued.  Given this situation, it was not surprising that in the was  given  enactment  to  yet  more  of  the  Land  reforms Act of  in land tenure 1979  (see  following years,  and allocation,  appendix  A2)  Village Land Allocation Committees (VLAC) (Quinlan, 1983).  considerations  culminating in the  and the  introduction of  LAND MANAGEMENT IN LESOTHO / 42  3.3.  THE NATIONAL POLICY ON VLAC  The  Land  Basotho  Act  1979  Nation  However,  the  committees  and  maintained held  chiefs'  in  both  by  powers the  the  basic  philosophy  the  King  as  over  land  allocation  rural  areas  (referred  Allocation Committees) and in urban areas. chairmen of VLAC's. Act of 1967  a  trustee  in  In the  land  on  were  to  This is different from the  and Land Act 1974  that  paper  rural areas,  of  the  delegated as  chiefs  provisions of the  where committee  vested  behalf  now  this  is  in  the  nation. to  land  Village  Land  are  ex-officio  Land (Procedure)  members' role was limited to an  advisory status and the chief had an ultimate say and could overrule their decisions. Some Act,  of  functions  were established  3.3.1.  As  the  and procedures of VLAC's  under Land Regulations 1974  by virtue of  section  (2)  of  the  (land Act 1979).  Objectives  far as  land administration is  policy are  to  control allocation by bringing land under a more democratic and rational system  of  administration, which were  to  considered  (Land Act 1979;  Each  solve  perceived  inefficient  the  problems  and unfair to  main goals  of  of  the  traditional allocation  other  members  of  procedures  the  community  In the  rural areas  Perry 1983; Makhanya 1979; Bruce 1983).  Contents  area has  the  concerned,  of  the Act  - General  its own hierarchy of  functions  of  VMCs  land allocation committees.  there are now VLAC's in each ward and above them, 'Senior Land Committees' for  LAND MANAGEMENT IN LESOTHO / 43 each district (Lesotho, 1979). committees'. by  the  The VLAC's are a replica of the earlier 'development  The senior land committees  Principal  or  Ward  community  members'  which  seven  has  committees  by the  allocation  of  appeals  members,  consist  appointed  chief  of  nine  Minister.  arable  land  of  each  against four  are similar except that they are convened district  decisions  elected  and  members,  five  Quinlan  (1983)  provides  of  for  and  are  the  VLAC's.  three  elected  greater  administration of the country's land resources  since  a public  that  such  government  Act also  pitso  of  all  committees.". every three  states that  "every  adult  inhabitants  The  Act contains  years.  these committees  The power  principal, of  their  to  allocate  chaired by the chiefs.  ward chief  and  for  the  election  senior  land  and four the  involvement  in  the  have  become  government.  the of  land and grant leases,  (Section  VLAC  for  headman  for  the  the  a structure  most senior chiefs  communities  provisions  the  hear  meeting  government officials and are assumed to act the interest of the  The  to  Unlike  appointed,  at  asserts  designed  shall  election such  cause a of  the  committees  is conferred on  18 under the Act Land Regulation  1980).  Section to  16 (6)  of the Act states that an appeal from a decision  the next senior land committee,  (under the ward or the  a hierarchy which parallels that of chiefly authority (see  of  a VLAC goes  principal chief) through  figure 8).  LAND MANAGEMENT IN LESOTHO / 44  COMMMITTEE  LEVEL  Senior Land Committee  District (PrincipalAVard  VALC  VLAC  VALC  VLAC  VLAC  Community (village  Figure 8. However, the was  that whenever  the  public utility works, the land  and  grantee  the  body  of the  any party aggrieved decision-making minister  committee, an  to  whom  servitude  for  to the  Act gives the  to  under  made  if the  committee  of the Act also stipulates  is  such a body a public servitude granted  land in the  Minister the  Section  regulations  a grant  be  72(1)  12  made  of  or title  is  to  be  liable  to  over  compensate  excercise of servitude. nominate  of  the  Lastly,  a tribunal for  Thus although the VLAC is the  the  under  must follow them.  is  discretion to  by the decisions of the VLAC.  the committee  application  Section  Minister may grant to  authority  pursuant  shall not  or a corporation requires a land for construction  of title for any damage  section 64  "appeals  Minister's direction".  government  chiefs/headmen)  Hierarchy of Land Committees  Act further states that  acting under the  chiefs)  the  Land Act  Regulation gives  1980,  directions  if to  the a  In all cases if the land concerned in used  for a commercial  or industrial  LAND MANAGEMENT IN LESOTHO / 45 purpose, the  committee  must refer the application to the  Minister, who  must seek  the advice of the Minister of Commerce and Industry.  Under this new  regulation (section 3 (f),  (g)  land situation in its ward every three years. allocated  for  p.215).  Consequent  the  farming  land if: a) the  is  being  to  the  and (h)),  each V L A C  The review must ensure that the land  used  for  "agricultural purposes"  review,  the  committee  land has  been  must review the  (Lesotho,  may revoke  'overgrazed'; b)  1980  usufruct  (a),  rights  a landholder refuses  to  to  or is  unable to combat soil erosion or; c) the land is not cultivated for more than three years in succession.  While  the  second  problem  clause  members  of  soil  under section  have  the  erosion 3 of  in  the  new  financial capacity to  adds a burden to  the  Lesotho  cannot  be  overemphasized,  regulation assumes that the  bear the  population whose income,  costs  of  soil  excluding the  the  community  conservation.  This  unguaranteed wage  remittances of migrant workers is less than R400.00 per annum.  3.3.2.  The  Land  allocation  allocation  traditional  of  land  allocation  Under  under  system.  VLAC  the  Land  Under the  Act  of  1979  is  Act, an application  the  is the  "Form  committee  (see  Appendix A3) The chairman of  the  applicant of the date, time and place of the hearing of the are also entitled  to  appear and make • a submission  to  for land in the  areas is lodged with the chairman of the VLAC, who A".  successor  chief  the rural  using application has to  application.  notify  the  Applicants  in support of their applications  LAND MANAGEMENT IN LESOTHO / 46 and  if  an application  certificate  in  "Form  is  successful,  C  2"  to  the  the  chairman of  Commissioner  the of  VLAC  Lands  has as  to  forward a  proof  that  the  allocation has been made.  According to Section 9 (1) and (2) of the been  effected,  the  alottee shall have to  Land Act 1979,  apply, within six months  to the commissioner of Lands for a lease". allotee  may forfeit  committee  grant to  that  land,  of the allocation,  Upon failure to apply for a lease, the and the  chairman of  the  relevant land  has to erase from the register the entry of such a grant.  Records  of  have  right  a  the  "where a rural grant has  all  the to  VLAC  appeal  meetings if  they  are  are  to  not  be  kept,  satisfied  especially by  the  because  applicants  committee's  decisions  (Section 5 (3) of Land Act 1980).  3.4. THE VARIETY OF LAND MANAGEMENT REFORM  The  extent  Africa be  of  in the  experimentation  immediate  instructive  therefore  land  management  and  Botswana.  management  systems  reforms  post-independence given  approaches These  with  Lesotho's developed  countries  as  a way  have way  land  management  period has  been  background, to in other sought  of  in  to  remarkable.  compare  countries  more  its  namely  restructure  encouraging  in Sub-Saharan  their  efficient  It would  approach with Tanzania,  Kenya  traditional land land  use  and  influencing future patterns of land distribution.  This  sample  of  countries  is  sufficient  to  facilitate  formulation  of  broad  relevant  LAND MANAGEMENT IN LESOTHO / 47 generalizations have  since  adopted  experiences  although  different  they all  show  these  geographically they  kinds both  cases  of  government,  significant  reform  in  is  seen  caused  by fundamental economic  as  are  all  and  in  similarity and a  way  forces.  the terms and conditions on which land  of  Other  in  Africa;  terms  diversity.  of Land  facilitating  countries  politically their  is held, to encourage  that  reform  management  evolutionary  hope  they  process  by changing  more efficient  land  use; on the other hand, they introduced reform under quite divergent circumstances; peace, civil war and threatened revolution. for  different  lengths  of  time,  They have been concerned with reforms  ranging form  a  prolonged  involvement  to  a  short  duration, and they have achieved widely different results.  Dealing  with  experience,  three the  countries,  study  analytical approach. to  describe  by  program basis.  3.4.1.  If  comprehensively the  Ujamaa  government  respresenting  seems to  best  have  been  display so  accomplish  much  its  diversity in  objectives  by  background and  following  a strictly  Thus, in order to keep the study concise, no attempt is made  The Tanzanian  Lesotho  system  will  which  experience  Land  established  both  the  adopted  local  of  the  sample countries on a program  Policy  VLAC and  mainly to  to  democratize  national fulfill  the  interests,  land  Tanzanian  an ideological  administration land  commitment  reform but was  not initiated to address the concerns of the people as such.  The  Arusha  Declaration  in  Tanzania  announced  the  nationalization . of  the  LAND MANAGEMENT IN LESOTHO / 48 'commanding  heights'  manufacturing  and trading institutions.  for  a complete  and  stop  government,  of  the  economy  (Hyden,  According  1980):  to  the  principal  Nyerere (1967),  financial,  it also called  to the accumulation of private wealth by leaders in the party  particularly of the  Ujamaa  rural areas by adopting the concept of  (literally: familyhood), implying the creation of communal village production units.  Eight by  major objectives  strategy  tried to  accomplish are identified  Hyden (1980) as: 1) establish self-governing communities; 2) make better use of  rural  labour; 3)  disseminate the  ujamaa  which the  take  advantage  of  economies  of  scale  to  new values; 5) avoid exploitation; 6) increase  peasants;  7)  mobilize  the  people  for  national  increase  the  defence  production; 4)  standard of by  using  living of  villages  as  para-military organizations; and 8) facilitate national planning.  This  declaration  supposedly  encouraged  inequality  and  Fortunately, His  rejected  Ujamaa  Nyerere's  individualistic village  life  interpretation  social  in  favor  attitudes, of  urban  of  colonialism,  generated living been  and their families  arrangements  at  the  local  and were level.  Thus,  Frehold,  caught  protected Cohen  which  selfishness . and  (Von  claimed, was still a predominantly peasant society  for themselves  cooperative  from  Nyerere maintained, Tanzania had not yet  country, he  worked  stemmed  in that  1979). process.  in which farmers  from  exploitation by  (1984)  argues  was seen by Nyerere as an attempt to find a base for development  that efforts  instead of borrowing models and ideas from outside.  However, peasant  Ujamaa  mode  as practised by villagers, reinforced the humanitarian nature of the  (Von Frehold,  1979), and could not  be viewed  as a radical  strategy  LAND MANAGEMENT IN LESOTHO / 49 of  development  developed  at the  in response  national to  peasant  purpose organizations byama: herding, needs  mason's in  with  Some  of  as  Hyden  needs,  the  for  house  funerals  local village  that  are special  for the purpose of communal  construction,  and  institutions  (1980) has shown,  cattle owner associations  associations  connection  level.  and  emergencies.  associations  The  activities  catering for of  women's  associations  on the other hand included cultivating land for sick members, gathering  reeds  traditional  for  gift-making  and  accompanying  a  bereft  member  going  to  another village.  These associations,  according to  the village economy that  preoccupied  unwillingness official  and its development,  national  that  Haberson (1988), were  policy-makers.  but were  government  policies  stemmed  not concerned with the  McHenry  policy-makers in Tanzania found largely  from  important in the context of  (1977)  also  among  the  their  active  asserts  peasants  issues  that, to  involvement  the  support in  the  local economy that had rationality of its own.  In  1968,  government  Ujamaa  (James  1971;  villages  instead  of  leaders  in  Harberson  smaller ones  Tanzania 1983;  that they were  could be  Hyden  because  easier to service and administer.  met  they  to 1980). felt  All villages were  reached easily.  committee  location of the planned Ujamaa demarcate  the  areas  allocated  meeting villages. to  the  implementation  Leaders wanted that  bigger  a few  villages  of big  would  be  also to be sited along road  so  However, McHenry (1979) affirms, the villagers  not informed about the new policy until the  a village development  discuss  the  divisional executive  and made leaders agree  officer called  on the  tentative  Shortly afterwards, land surveyors came to villages  and  sites  for  building  without  LAND MANAGEMENT IN LESOTHO / 50 consultation  with  the  villagers.  Meanwhile,  started circulating in the affected  Another  important  among the  factor,  the  rumours  areas and resistance  which,  villagers, was  wild  according  fact  to  about  the  new  policy  mounted (ibid).  Hyden  (1980),  that traditionally, the  increased  right to  use  resistance  the  land was  determined by the operative land tenure system.  Until the post-independence  era it  adhered  thesis  which  holds  to  that  most  what  is  known  rights  to  use  areas had shifted  movements. tenure  Bruce  system  the  'evolutionary  land tend  in that  (1978)  created  through Ujamaa  as  to  shift  resistance  that to  such the  land ownership',  individual  Ujamaa  direction, the  argues  to  of  rights.  Thus,  policy sought  deviations  from  establishment  of  the  to  although  reverse  customary  communal  this land  ownership  villages.  Faced with problems of resistance,  the government  were in favor of the sites chosen  or in favor of the move in general against those  who  were  not  (Haberson,  1988).  Sometimes  officials  job  tried to  aspirations  use those who  lured  villagers  into  co-operating, but in cases where neither tactic worked, the field force was called to do the job (Von Frehold, the  collection  of  rate had been Ujamaa of has  tax  arrears from  abolished.  One method outside  Other methods  mentioned  Ujamaa  by McHenry (1979) was  villages,  even  though  the  local  included granting extensive land rights to  members and turning those who lived outside into squatters and distribution  famine relief in 1971 shown,  coupled  medical helpers, succeed  1979).  to  Ujamaa  villages only.  with aid (or aid promises)  construction of dispensaries  Such pressures, of  water  and schools  in bringing a growing number of people  supplies,  etc.,  as Hyden (1980) the  did, to  training of  some extent,  into the new villages even though  LAND MANAGEMENT IN LESOTHO / 51 they  were  not  helpful  in  generating  first  two  any  permanent  commitment  to  communal  farming.  Nonetheless,  the  development  of  Ujamaa  years  after  the  TANU  before  the  Youth  League  policy of  maintains, had been get  saw  very  Settlements  Ujamaa  was  like a favorable responses  which  already  proclaimed.  practiced  These  However,  was in fact a  communal  settlements,  little  farming  McHenry (1977)  formed mainly by politicised sisal workers who  had longed  to  rid of foreign plantation owners together with colonialism but were advised after  independence Dean  to  start their own  (unpublished  Report)  armed for national defence in  Declaration  villages and communal production (Bruce, 1978).  McHenry (1977) argues that, what seemed few  Arusha  search  of  Settlements,  guerilla  were  plantations.  points  out,  there  purposes to  fighters.  started without  In the were  prevent  parts bordering Mozambique, people  Portuguese  These  settlements,  systematic  attention  grouped  and  infiltration into Tanzania  like to  together  TANU  the  Youth  League  principles of  Ujamaa,  Ujamaa  villages  although some did have a modest communal production.  With the exceptions registered in 1969  of the above settlements,  there were only 400  (Harberson 1983; James 1971).  Despite the government's explicit  rural orientation and adoption of an ambitious rural water supply program, expanding primary  school  education,  health  facilities  as  well  as  abolition  of  poll-tax, villagers  response to calls for the creation of co-operative or communal production units was limited (Hyden, 1980; McHenry, even  the  regional  little  progress  government  1977,1979).  that was  headquarters  made  Von Frehold (1979) further shows that  soon  found  came  themselves  to  a halt as  the  overwhelmed  district and by  demands  LAND MANAGEMENT IN LESOTHO / 52 stemming  from  the  villages.  The drying  up of  resources  for new  Ujamaa  villages  meant that there was no longer an incentive for starting them.  This  lengthy  review  motivation of note  that  the  the  of  events  Ujamaa  in  Tanzania  land reform.  Tanzanian experience,  serves  to  emphasize  However, in conclusion like  Lesotho's,  involved  the  political  it is important to  government-promoted  efforts to change the tenure system through new local institutions which are treated as  part of  the  production  state apparatus.  initiatives  It remains uncertain however,  voluntarily  undertaken  and  managed  whether  cooperative  through  traditional  institutions would suffer the same fate.  The  notable  question  lack of  the  common  cooperation. or  popular enthusiasm assertion  Traditional  other long  that there  cooperation  established  for  social  is  cooperative  production also  into  is an African predisposition toward such  normally among  affinities.  calls  those  with  ties  of kinship  It is not as readily generalizable  as has  been imagined and thus, programs of collectivisation will continue to fail if planners rely  on  such  cooperate. respects  predispositions  Secondly, from  the  the  instead  villagisation  traditional  of  examining  other  program differed  institutions:  a)  tenure  in  was  incentives  for farmers  a number of important being  sanction than incentive; b) the villagers had no power over the  used  more  as  a  production system,  either in their role as producers or as consumers; c) villagers' individual use over farming were being replaced by communal rights;  to  rights  LAND MANAGEMENT IN LESOTHO / 53 3.4.2.  The  Kenyan Reform  Kenyan land  expanded reform,  by  Experience  reform was  the  initiated  government  unlike Lesotho's  after  by the  independence  b)  assessment  farmers; c)  promotion  program was  and of  model  of  stability  reflects an exposure  of  Kenya,  to  was  to  prosperous  claimed a causal connection  under  cultivation  1971).  time  1960's,  for  African  production for  emergence of an African  It  organizations  the  by  output.  yeoman  be 'commercially viable', in the is  international influence  Haugerud (1983), a  holdings  on a scale which would (Harberson,  The  by European  cropping and dairying, and increased  the link between traditional societal  According  1978).  and  large farms previously occupied  explicitly intended to foster the  political  1963  (Bruce,  1954  problems: a)  strengthening  cash  farmer class, with holdings interest  in  following  the market and; d) diversification of export  The  in  administration  and Tanzania's, aimed at solving the  resettlement of African farmers on the farmers;  colonial  important  to  note  that  this  and in a way seems to break  and land tenure.  the  early post-reform  smallholder  agriculture.  period  Some  with the reforms; others dispute it.  in central  authors  have  It is, thus, difficult  to know how much of the success to attribute to the reforms, as distinct from all the  other  new  government  programs  initiated  in the  immediate  post-independence  period.  The  creation of individual ownership involved not just extinction  also the  elimination of  many use-rights  of  other  individuals.  of group rights, but However,  as Coldham  LAND MANAGEMENT IN LESOTHO / 54 (1978) points decisions  out,  the  were made  new  ownership  in the  landowner attained a new  rights  household.  position  of  This was dominance  to  be stressed here is that insofar as the  to  produce  particularly  a record of successful  landholdings)  more  existing  since  it  rights  the  way  more so  in which  economic  because the  registered  (Coldham, 1978).  process  land rights  tended  extensive  affected  All that  of land adjucidation is  in a particular area,  to  confer  than  they  on  some  it has  needs  designed not  been  people  (with  registered  formerly  enjoyed,  while  depriving  potentially  leading,  through  others of their customary rights.  Other  critiques  of  transactions,  to  of  landless  a large  the  reform  a more skewed  opportunities  of  landlord-tenant  class with the  saw  it  distribution of land ownership and the none  of  indigenous  relationships  as  might  the  security  systems. proliferate  provided  Concern as  by  distribution  development  the  was  market  subsistence  expressed patterns  that  changed  (Haugerud, 1983).  While  both  indigenous  the  tenure  fundamental focussed the  Kenyan  and  systems,  framework  Tanzanian programs Lesotho's  relating  VLAC  society  and  involve  is  tenure,  an to  dramatic attempt proceed  departures  to  through  reforms directed at problematic facets of the tenure system,  allocation  system  in  response  to  changes  in  the  preserve  from the  narrowly  and to adjust  economic  and  social  environment.  To very  conclude,  it is important to  ambitious,  quite  successful  note as  that an  Kenya's land reform program has  implementation  exercise,  but  less  been clearly  LAND MANAGEMENT  IN  LESOTHO / 55  successful in its socio-economic objectives.  It has to be  noted however, that it is almost impossible  implemented  in the  going  on  even before  experience important  post-independence period  with  independence.  rapid  problems with  because a lot of changes had  Still, it could  individualization  of  that model.  the  More  to evaluate tenure reforms  be  been  said tentatively that Kenya's  tenure  system  has  disclosed  some  gradualistic approaches deserve serious  consideration.  Tribal Grazing Land Policy And  3.4.3.  The  Tribal  Grazing  Land  Policy (TGLP), is an  individualization of tenure for grazing program  is  based  on  classic  land  "Tragedy  example of productive  freehold ranches.  of exclusive long-term  leasehold  to  cattle holders  Land Boards In  commanding  extensive  Botswana  program  (Lawry, 1983). of  the  of  enclosure  According  Commons"  to  Lawry, the  arguments,  At the heart of the policy is the  rights to extensive  and  and  the  granting  previously communal range land,  sufficient capital resources  and  management expertise  to engage in strictly commercial cattle ranching enterprises.  The  grazing  policy  included  a  income distribution through the rents  generated  management  of  (Marquart,1981).  by the  ranch  strong  initial program  leases  remaining  rhetorical  would  be  communal  commitment  which was invested ranges  in  to  supposed projects  occupied  by  equity  and  fair  to ensure that to  improve small  the  holders  LAND MANAGEMENT IN LESOTHO / 56 In  an  effort  government  to  modern  the  smooth  implementation  of  TGLP,  the  Botswana  took steps that transformed the traditional role of chiefs as trustees and  administrators provided  ensure  of  tribal  land (Lawry,  1981).  The establishment  a direct political administrative link between the political  execution  of  institutions  policy  administrative  bodies  administrative  capabily  at  the  national  at  the  local  and  to  have  the  in  the  form  of  level  (district)  and  level.  benefit trained  of  the  making of  Land  Boards  land policy by  the  detailed  planning  Land  Boards  were  the  staff,  of  requisite  and  to  professional  be and  that  it was  felt  chiefs  could  before  them,  the  Land  Boards  never provide.  Although, were  like  seen  as  procedures, drawn  VLAC's, a  from  economic  interests of  Land to  Advisory Boards  the  perceived  VLAC's  economic  behavior  (Lawry,  1983).  encumbrances  Botswana's  non-traditional institutions  and  use  solution  unlike Lesotho's  enterprise  the  and  Land  in order to  more  traditional  Board members represent  representative  However,  of  of  models  tended  rules  arable land and some communal areas were still to  to  be  of agricultural  'modern'  traditional tenure  allocation  political still  and  governed  be administered as  before.  Critiques of  TGLP have  discredited  ignoring the smallholder farmers. infeasibility  of  a single,  the merits of thousands for  lacking on-site  it for serving  only the  the  elite and  On the other hand, Land Boards have proved the  relatively centralized  body,  of individual cases.  These bodies  knowledge  needs of  that  the  chiefs'  making informed judgements  network  to the task of customary land administration (Bruce 1987;  on  have also been criticized  of village  headmen  Bekure, 1982).  brought  LAND MANAGEMENT IN LESOTHO / 57 On  the  whole,  reconstitution the  most  this  approach  This model will not be to  viewed  exploitative.  terms.  as  preserve  romantic with  the  the  role of  Botswana's  notions  A Brief  can  be  about  recognition  from  it  has  involved  of  Botswana's  traditional tenure experience,  traditional that  however,  change  is  reform-minded elites if  arrangements  should  societies  to  not,  and  however,  their  necessary  which  are  be  confused  preservation  but  builds  often  since  on  it  existing  changes.  the  above  discussions,  the  Lesotho  approach  to  land  is fundamentally different from that of Kenya, Tanzania and Botswana in  Lesotho VLAC's  constituted  an on-going  rationalization of land institutions  Tanzanian and Kenyan land reforms on one indigenous  that  Appraisal  seen  management that  sense  The major attraction  acceptable  institutional arrangements to facilitate these  As  the  is its promise of relatively cost-effective reform with a minimum of social  it is used  3.4.4.  in  of administrative authority for a tenure system which has remained for  dislocation.  begins  intriguing  part traditional in substantive  experience  with  is  tenure  systems  and  organization and land tenure. reconstitution  of the  both  hand involved dramatic departures from  break  Botswana's  while  the  link  land reform on  between the  traditional  other  social  hand involved  administrative authority for a tenure system which has retained  a substantial part of its traditional rules.  The  task  specific  of  needs  framing of  modifications  community  in  members  substantive is  rules  challenging.  have been noted in reviewing the experiences  of  tenure  Some  of  to the  meet  new  possibilities  of Tanzania, Kenya and Botswana, but  LAND MANAGEMENT IN LESOTHO / 58 even  these  overriding  experiences  challenge  vary  is how  from  to  one  create  circumstance  an adequate  to  another.  institutional  However,  the  framework for such  changes.  Traditional institutions even  to  therefore, (e.g.  with  complex  traditional  choices to  individualization,  insisting or  deal  may not be able to meet new  upon  attempting  problems  tasks be  under  made,  leasehold,  to  which  suggest that the  force have  them arisen  cooperatives,  into in  changing  between  national uniformity; developing the  the  such  mold of  circumstances.  adopting  etc.),  countries  reforms they instituted  needs, or in some cases not  modern tenure  recognizing  institutions western  examined  out  local of  institutions. should  not  element  of  experience  Allocation Committees.  which  are,  models;  differences,  local  models;  Nevertheless, be  taken  to  are not viable, but as a caution concerning  the particular difficulties which should be anticipated and planned for. this  There  can help  us  examine  the  Lesotho's  It is perhaps Village Land  CHAPTER  At  the  crux of  rational  in  this  its  decisions,  efficiently  manage  functions  and  perceptions  study  is the  land  at  the as  government  been  results.  quoted  Some  and  Appendix C1.  a  the  by  officials'  RESULTS  the  extent to  contending  applicants  the  level  in  VLAC  evaluation  reactions  of  description  Completed interviews  of  from the  which VLAC and  Lesotho.  members, VLAC  This chapter presents  important  detailed  of  community  seen  determining their effectiveness. interview  INTERVIEW  question  fairer to  procedures  and  4.  is more  whether  A  review  community  are  it  seen  can  of  its  members'  as  crucial  in  a generalized summary of the  the  generalized  interview  results  responses is  have  included  per area, in six districts, are detailed  in  in Table  2.  REGION  DISTRICT  AREA  COMPLETED INTERVIEWS (a)  (b)  (c)  Mountain  Qacha's Nek  Mosuoe-Tsepiso  7  68  1  Mountain  Thaba-Tseka  Mohlanapeng  5  38  1  Foothills  Leribe  Lisoloane  6  47  1  Foothills  Berea  Mahlatsa  7  22  1  Lowlands  Maseru  Matukeng  4  25  -  Lowlands  Mafeteng  Mathebe  5  39  1  34  239  5  TOTAL (a) = VLAC members (b) = Community members (c) = Government O f f i c i a l s  Table 2.  Completed Interviews Per Area 59  INTERVIEW RESULTS / 60 Three  sets  of  questionnaires  (see  appendices  B1,  B2 and  B3) were  prepared and  administered to:  a) VLAC members;  b) Community members; and  c) Government Officials responsible for VLAC.  4.1. PERCEPTIONS OF VLAC MEMBERS  In this section,  VLAC  procedures  of  the  community  members,  members' perception were committee,  their  relationship  requested  relationship  with  other  village  land allocation into the overall planning process. opinion with regard to each is presented  4.1.1.  Most  The  of  Role  the  and  Procedure O f  interviewed  members  take  over the  allocate  land  control  communal  considered to  for  land that  communal grazing  chief,  committees  involvement  of  integration  of  and  The results were  summarized and  VLAC  described  as  Their  be mismanaged land showed  their overall  purpose  as  allocation of  A few added that they also  is being  woodlots areas.  the  role and  below.  land for residential and agricultural purposes. power to  with  concerning the  mismanaged,  a  way  of  responses,  settle disputes  combating however,  a lack of congruence.  soil as  to  had the  over land,  erosion  and  what  they  It needs to  be  INTERVIEW RESULTS / 61 mentioned be  used  When  though not  asked  VLAC's  time  that,  to  over-exaggerate  about is  in approaching the  their  spent  the  ideal  achievements,  on  trying  to  overall purpose role  their  and what  responses  settle  of  disputes  is  VLAC  happening in reality.  revealed over  caution must  that  land.  the  This  bulk  was  of  more  obvious in the lowlands and foothills where there is an acute shortage of land than the mountain areas where one can still find unoccupied land.  When asked to  respond to the  said they had been and  only a few  should  be  chosen  by the  reliable than the  that  responses  more  general,  especially if they were elected  in  it was  their ability to  little  knowledge  to  of the  to  being  they  same  chiefs who  questions  tend  to  put  by the  pitso  government.  It  may be somewhat  less  members  on  the  spot,  on political grounds.  note  the VLAC  their duties  despite  members' exaggerated  their lack of  of  procedures and rules governing VLAC.  they understood their role perfectly because the  nominated  such specific  in that  interesting to perform  most of them  community members at a public meeting,  reluctantly admitted  noted  Nonetheless,  question of how they were chosen  opposed  the VLAC  they had been  movement since  confidence  training and very A few  stated  that  briefed by the chiefs it obviously eroded their  power.  4.1.2.  Meetings  There was meeting  and  Records  a significant  procedures.  lack of  Some  agreement  said that  they  among met  the  twice  VLAC  members  a month,  others  about their said  three  INTERVIEW RESULTS / 62 times  and  a  applications  few  have  said  that  piled up.  although  they  met  only  when  However, there was  question of record keeping. kept  they  it  was  necessary,  i.e.  when  a general consensus regarding the  Almost all interviewed members said that records were  could  not  be  seen  by  the  public.  A close  examination  of  those records, though, revealed a scanty entry of the names of applicants and sizes of  plots  recorded  in paces.  Neither the  discussion  leading to  their decisions  nor  the records of rejected applications were recorded.  4.1.3.  VLAC  Relationship  Almost all the  interviewed  working relations with the  4.1.4.  The  Problems  VLAC  With  Chief  respondents  were cautious  without  problems.  they  had  and  yet  train,  very they  guide  knowledge  were  expected  resentment  over  cooperation  between VLAC  one  or  little  the  chiefs  idea  are not  good  support  of  of to  them  the  and the  laws  adminisiter  working  satisfied  members,  two  admitted that their performance was  in  land allocation  governing them.  without  chiefs.  with VLAC,  by the  the ministry of interior had never made  about perfect relationships with the chief.  "the  As viewed  First of all members  poor because ever since they were chosen, to  had  VLAC  is not  major criticisms surfaced.  any effort  and said that they  chief.  Related T o  movement  The  matters.  Secondly,  land adminstration/allocation Moreover,  payment  and  there  was  continued  This statement contradicted the As one  most  some  lack  earlier  member put it:  times they  of  are either trying  INTERVIEW RESULTS / 63 to obstruct our work or they just ignore us and continue allocating land"  The  same respondent went on:  "The  worst  easy  for  rectified  thing  is,  to  find  us  because  appeal  is  to  complaints  to  at  a a  if we a  our  our chiefs,  in  grass  roots  in  Lesotho,  the  court.  It  is  useless,  therefore,  controlled  by  the  chief's  which  with  forum  the  court  are at loggerheads  grievances  person  it  might  be  obvious  with  to  whom  is  not easily  forum  for  take  our  we  are  at  issue".  Some that,  VLAC  members  saw  the  scarcity  of  land as  this puts them under pressure to allocate  a problem and  they  explained  the marginal lands, or failing which,  the community members illegally extend their plots onto the marginal lands.  4.1.5.  Given seen  Land  Allocation A n d The  that the that  land is a scarce  control  political  process.  involved  in  involvement  overall and  over  its  The  VLAC  national  knowledge  Planning  and valued  allocation were  and asked  or district about  explained that they only process planning.  Overall  Process  resource  distribution about  planning.  national/district  in Lesotho, is  the  a crucial  extent  Responses land  it can easily  to  element which  showed  management  be  in  the  they  are  both plans.  lack of They  applications and were not involved in any kind of  INTERVIEW RESULTS / 64 4.1.6.  Illegal  Over the percent  Land  Markets  last thirteen years (1976-1989), arable land has decreased to  9  percent  (Lesotho  Statistical  Bulletin  1989).  in size from  According  to  13  LSPP  (unpublished report), agricultural lands in the  urban areas are seen by policy makers  as  lands  a transient  land use  and titles to  months declaration in a gazette. do  not  "sell"  have their  Secondly, of  adequate lands  tenure  to  such  and possibly  members . of  LSPP(1988) suggests that there  agricultural landholders  purposes,  there  would be  terminable within  three  The landholders of these types of land therefore,  security,  other  may be  that  if  the  public  might be  and  when  this situation for  induces  them  non-agricultural  an underlying fear on  their  lands  little or no compensation,  are  hence  required  they  to  uses.  the part  for public  "sell" their plots.  This has resulted in peri-urban sprawl which is now a characteristic feature of towns and  growth  centres  and  there  seems  to  be  a  growing  market  for  land  and  increasing conversion of farmland into residential sites.  interestingly,  when  the  question  was  raised how  VLAC was  involved  transactions, a pattern did develop among the respondents. the  mountain  Responses being  areas  from  sold  the  said  that  foothills  the  members  in their communities  the obvious  ribbon developments,  areas.  While  members from  was  the  chief  and  a  an  few  issue.  the  were  In the denied same  favoured  was  Committee members in  unheard  varied; some  although they  despite  it  such  land  were  the  some  of  of  denied  that  existense  sale  of  admitted  never  lowlands,  a lot  their  that  of  areas.  land  while  was  others  respondents,  being sold in their  area contradicted this who  in  consulted,  that land was  members  in land sales  and mentioned  processed  land  sales  INTERVIEW RESULTS / 65 transactions. sold  A few VLAC  their lands  to  members from the  avoid situations  where  lowlands explained that people  the  government  farms as "selected agricultural areas" where intensive by  farmers selected  not compensate  "The  them.  question  transaction does not  by government  of  farming could be  "progressive  the  compensate  VLAC  is involved or not  to  some  Lesotho will be the the  government,  away their  experimented  farmer" program), and  issue.  The problem is with  people  for loss of their good  involved in land sales the  VLAC  members  the  long  term  concentration of land in the  government which  agricultural land when  such land has been planned for other uses by the same  According  take  To quote the respondent;  of whether  is not  (a kind  would  often  government."  implications  of  hands of a few  land sales in  rich people and  starvation and increased humiliation of importing food from a more  powerful neighbour.  4.1.7.  VLAC  Relationship W i t h  Other  Village  Committees  More than half of the interviewed members did not recognize any working relations with other committees  in the community;  "we never work with them"  one  of  them  responded.  Only the  interviewed  said that working relations with other committees actually planned their grazing areas together.  members from  the  mountain areas  in their area were  good and they  A few  specifically said that they did  INTERVIEW RESULTS / 66 not  get  along  composed  4.1.8.  at  all  with  other  village  committees,  especially  those  that  are  of headmen.  P u b l i c Participation  A further goal of the VLAC is to allow different interests to be represented administration matters. time they  However, all interviewed VLAC members stated that the only  involve the  community members  in land management  individual's application is being processed.  A few  public meetings to inform the  public about  very  members  poor.  VLAC's  The  with  their  suggestions to the  in land  community land-related  problems  added that they occassionally call  their decisions,  on  the and  matters is when an  other still  but the  hand  bring  never  their  attendance  was  approach  the  problesm  and/or  chief.  4.2. COMMUNITY MEMBERS PERCEPTIONS OF VLAC  One  of the  major goals of the change  of allocating authority from traditional chiefs  to Village Land Allocation Committees was to allow more public participation and to involve  people  in  the  land  towards VLAC were therefore process.  This  phase  of  the  administration. seen to  be  investigation  The  crucial to  community the  attempted  members' views on VLAC, particularly on the following:  (a) familiarity with VLAC;  to  members'  success of the determine  the  attitudes devolution community  INTERVIEW RESULTS / 67 (b) changes  brought about by VLAC;  (c) their involvement in VLAC's activities;  (d) VLAC's relationships with other village committees.  4.2.1.  Attitudes Towards  Interestingly, since  all interviewed community members seemed to  it had existed  about the with  VLAC  for several years.  exact role of the VLAC.  mixed  feelings.  Some  However only a few  never  commodity  liked  the  interviewed  way  our  of  The introduction of VLAC villagers  way in which land was allocated before. "I  be aware of the  said  they  VLAC  them were  had been  clear  received  preferred VLAC  to  the  One influential villager said  chiefs  allocated  for rewarding faithful subjects  land,  and we  also  they  used  had to  it  as  a  offer them  gifts in order for our applications to be considered."  It should  be  noted,  however,  that answers  such  as  the  above  may be unreliable  since community members often use the same line of argument that the used when had most  it first introduced VLAC's.  Other community members stated  no interest in VLAC's since their election of  them  were  ineffective.  There  VLAC's were imposed by the government.  was  govenment that they  process was coloured by politics and some  resentment  over  the  fact  that  INTERVIEW RESULTS / 68 4.2.2.  On  Changes  the  brought by  question  of  VLAC  significant  changes  brought  interviewed comunity members stated that VLAC administration or management. perpertuating the chief.  old system  Nonetheless,  some  distribution of land. land to some  They went of  by  VLAC,  most  of  the  had not made any impact on land  on to explain that VLAC seemed  to  land allocation by playing an advisory role to  acknowledged a vital role played by VLAC  be the  on the fairer  A few respondents also demonstrated how VLAC had allocated  interested communities for communal woodlots and gardens and acted  as a catalyst towards provision of basic services. proved  about  that  the  respondents  were  A few probing questions  confusing  VLAC  with  other  revoke  and  however,  development  committies in their communities.  4.2.3.  The  V L A C Power/Authority  VLAC's,  decisions  theoretically  over  land  these powers, some largely depended and  actually  have  management  out  their  decisions.  their plots  fields  had taken such  because  the  local  (Dalberg,  to  allocate,  1988).  while others felt  illegally extended and VLAC  power  When  questioned  enforce  their  about  about  respondents were of the opinion that VLAC was powerless and  on chiefs  carry  the  court  is,  to  in  the  that VLAC  Examples were  marginal  people  to  effect,  the  had the cited  areas or onto the  level  where  enforce  people  other peoples'  local court.  lowest  power to  of  This was the  had  farming  interesting  official  judicial  hierarchy of Lesotho, having appeal to the central court and thence to the court of Judicial Commissioner.  In contrast to the traditional chief's court lekhotla,  the local  INTERVIEW RESULTS / 69 court  president,  clerk  and  messangers  brought into the  community from  court,  peasant  both  problems.  the First,  they  and  are  is a general  the  subject  consensus on them.  respondents,  member  the  are  decisions  are  often  dealing with the  faced of  and  with  outsiders;  a  local  number  there  in the traditional court lekhotla  are  where  Community  This is important to if any, knowledge  both the  peasant  and the  of law and courts.  land use  patterns  by allocating land  effeciently.  Involvement  was some resentment  never A  few  reached on their applications.  bothered even  altogether.  to  explain to  pointed It was  there  among the interviewed community members over the fact that  they were never involved in its land adminsitration activities been  no  disputes  Despite the VLAC's ideal role of allowing different interests to be represented,  had  of  are based are widely known and there  it could actually influence  ensuring that is was being used  4.2.4.  officials  notably from the mountain areas, pointed out that although the  VLAC seemed weak, and  VLAC to  government  However, when  on which decisions  VLAC member who have a sketchy,  A few  all  outside.  communal ties between them, while were taken, the customs  are  out  them  why  that their VLAC  discovered  They went on to their applications had stopped  later through one  except after a decision explain that had been  processing  the  VLAC  turned down.  their applications  key informant that VLAC had been  instructed to stop allocating any more land until the potential allocation areas and that . never materialised.  Government had surveyed  the  INTERVIEW RESULTS / 70 While some respondents of  the  VLAC,  most  relevance,  if  attendance  at the  Thus  many  directives that,  any,  that  were  the  land  administration  influence  the  discussed  at  such  subjects.  meetings has fallen off with the  communities  that  for  issues  to  sometimes called pitsos  admitted that the chiefs  receive  only  their lives.  illiterate,  public  a  garbled  meetings They  of  This problem is serious pitso,  meetings  bore  also  are  the  new when  main  very  said  dwindling powers version  on behalf little  that  of the  the  chiefs.  legislation it is  and  considered  source  of  such  infomation.  4.2.5.  Relationship  All the respondents although  they  With  O t h e r Village  Committees  were aware of other committees  neither  knew  the  difference  in their respective  nor could  they  recognize  communities any working  relations between them and the VLAC.  4.2.6.  The  Despite  Future Functions  a lot of  of  VLAC  probing, more than half of  the  respondents  thought  that  in the  future VLAC should provide them with basic services like public health clinics, piped water,  pit  abolished  toilets, since  expect VLAC  to  road systems  it was  etc.  useless; others  perform well without  should leave land administration to the and  land use planning programmes.  A few  recommended  pointed  out that the  proper training; while chiefs  and get  that  VLAC  should  be  government  should  not  a few  said that  involved in soil  VLAC  conservation  INTERVIEW RESULTS / 71  4.3.  GOVERNMENT OFFICIALS EVALUATION OF VLAC  When  land  Interior was required from  adminstration  changes  charged  the  for sound  this  existing  with  brought  responsibility  planning and other  ministry on the  legislation  were  role,  operation,  provide  necessary  supporting services.  trends  in fully addressing  to  into  ,implications  of  VLAC  the  Ministry  of  technical  services  The views of  officials  and the  major land management  suitability of  problems  in Lesotho  are crucial to the success of VLAC.  4.3.1.  G e n e r a l Attitudes Towards  Interviews question though  with of  why  the  advisers,  chiefs  the  contentious accepted  district the  officials  in  government  and  question  of  VLAC  Lesotho had had  chiefly  power  The  system  had  bribes.  The  Government,  a  general  introduced VLAC's.  headmen  one.  showed  always in  been  land open  therefore,  agents for adminstering so valued an asset.  allocated  consensus  They stated land  in  administration to  abuse  thought The VLAC  chiefs  even  conjuction  with  movement  long  the  were  the  that  had  and  on  been  chiefs not  was  often  the  thus  a  best meant  to bring land under a more democratic and rational system of administration and to curtail villagers  the  opportunities  were  satisfied  because of VLAC's  for with  abuse. the  ineffeciency.  The  VLAC  officers  there  also  were  stated  signs  of  that  much  growing  as  the  impatience  INTERVIEW RESULTS / 72 4.3.2.  The to  Land  Market  growth in population and inreasing need the  asked  illegal encroachement about  it,  the  of  for shelter  has often  urban and rural settlements onto  government  officials  seemed  to  be  very  been attributed farmland.  When  much aware  of  the  illegal sale of land that was going on unchecked in many communities, especially in the  lowlands where  that  since  sale  transactions.  there  of  is a pronounced scarcity of land.  land  However,  is  illegal,  cases  have  VLAC's  been  should  not  reported where  Most of them be  involved  some  VLAC  stated  in  these  members  or  the chiefs have been reported to be secretly involved.  4.3.3.  C o m m u n i t y Participation  When addressing officials  said  that  the the  question only  of  chance  community participation in land management, that  community members  get  to  the  be  heard is  equity  principle  through their own applications.  4.3.4.  The  VLAC  increase  embedded percent  in  Contribution  in  in the 1970  To Improved  population  over  the  Land  years  customary land tenure to  25.4  percent  in  Management  militates  system.  1986.  It  against  Landlessness is  estimated  the  increased from that  this  group  12.7 of  destitute households will be about 50 percent in the next twenty years.  The  government officers were asked to comment on how VLAC has led to  positive  INTERVIEW RESULTS / 73 adjustments  to the  aware  that  there  were,  explained that VLAC  they were their  is  actually  an  acute  shortage  has failed to  Some  of  of them were  land in  Lesotho.  improve land management,  not  applicants  This  could  resulted  dictate  The VLAC,  the  in  location  largely  the  following  and  the  sometimes  traditional the  size  of  route the  integration  about  whereby plots  they  was still  system for measuring the size of the fields.  of  district/national planning, the  that  because  go  on the other hand, under the direction of the chief,  using the traditional pace maoto  Concerning  VLAC  even  A few  never given any technical information or guidance on how to  duties.  wanted.  decreasing area of arable land.  land  officials  allocation  at  the  community  also pointed out that, to date, the  level  with  government  appears to have no solutions to acheive such integration.  Problems  4.3.5.  The  officials'  Concerning VLAC  were  asked  to  comment  on  the  kind  of  problems  that  have  been  reported about VLAC over the last couple of years and the following surfaced:  -In  some  instances  VLAC's  were  elected  on  political  grounds  and  consequently are biased; -some chiefs of  are reputed to  have  influenced  the  decisions  on  appointment  the members;  -some members solicited elections solely for their personal benefit and once this was accomplished they lost interest quorum convene;  could not  be  obtained  in the  and therefore  affairs of the community; a meetings became  difficult  to  INTERVIEW RESULTS / 74 -some  chiefs  felt  threatened  by  VLAC  and  consequently  obstructed  their  work; -villagers tended to elect only the rich and educated, not the best people to work with the chief.  Examples were also cited where chiefs simply ignored committees and did everything on  their own,  Some on  or on  the  of  people  not  community members also ignored VLAC  land related issues.  chiefs  advice  elected  to  serve  and continued to  on  the  VLAC.  consult the  chiefs  Lastly, the government officials found out that most of the  and VLAC's did not understand the Land Act 1979 which was central to the  formation of VLAC.  4.3.6.  VLAC  Government committees all  Relationship W i t h  officials  a  need  for  Village  at the  regulation for the  village  level.  committees  Committees  interaction  especially the Village Development  planning activities  binding  saw  Other  to  between  VLAC  and  other  Committee, which is the  However,  there  work together  is  at  results  the  village  umbrella in moment  in conflicts  no  and a  duplication of effort.  4.3.7.  Future  Functions of  VLAC  None of the officials interviewed thought VLAC should in the future have additional functions. more  The general  clearly  be  stated  opinion was to  both  that  members  the  present  and  the  roles  of  the  community.  VLAC's should Some  saw  the  INTERVIEW  RESULTS / 75  urgent need to train the VLAC's.  4.4. CONCLUSION  Based on the above evidence, it is obvious that there had been a minimal success in  the  government's  attempt  to  decentralise  land  The  government on the other hand does not seem to have done much to create for  integrating  the  land  be  solved  Most of  land  mechanisms  to  allocation process.  the  adequate  adminstration problems which were  the  through VLAC  administration process  remain.  into  overall  planning nor has it ensured that land allocation would lead to positive adjustments to the decreasing land base. the  grass  roots  government. were  of  They  seem  The fact that the chiefs  elected  community  level.  VLAC's do not seem to have brought participation to  on  political  members.  grounds  Nevertheless,  to  lack  training  and  support  from  the  have undermined their work and that VLAC's seems  there  to  is some  have  biased  evidence  VLAC in land adminstration, despite their lack of training.  of  their the  dealings positive  with efforts  CHAPTER  5.  INTERPRETATION  A N D DISCUSSION  OF DATA  COLLECTED  INTRODUCTION  5.7.  VLAC was a product of the interplay of a number of concerns, interests, conflicting  national  concerns  of the  centered  on  considered devolution have  perceived  undemocratic  At the  and  disadvantages unjust  the  implications;  chiefs  from  a)  the  risk  of  oversimplifying  it could be stated that most  to  by  of  some  land administration functions  reaching  protecting  objectives.  policy-making process,  the  of  far  policy  traditional members  to  people  the  local institutions  curtailing whose  the  power  aspirations  the  debate  procedures,  community.  The  such as VLAC  could  of  are  essential  of the  allocation  of  and often  the not  chiefs;  b)  by  satisfied;  c)  by  insuring that interests are represented; and d) by narrowing discretion and providing greater people's participation in the administration of land and its  Inherent,  however,  administration use  and to  chapter  in  system, the  explores  some were  of  remedies  provisions  participation of these  the  issues  which  suggested  management.  for  a  democratic  land  presented  barriers to  sustainable  land  majority of  community  members.  This  the  great  by  interpreting  and  discussing  interview  results  described in the previous chapter.  5.2.  It was were  THE ROLE AND PROCEDURES  found not  well  during the  OF VLAC  research that  understood  and  the  because  of  76  functions this  and procedures  potential  of  the  of  VLAC  the was  VLAC not  INTERPRETATION AND DISCUSSION OF DATA realised. of  Most of the VLAC  1979  which they were  terms of  For  COLLECTED / 77  members interviewed neither understood the  expected  to  administer nor were  they familiar with their  reference.  instance,  section  15  of  the  Land  Act of  1979  clearly  sets  out  revocation of land as: abuse through overgrazing; refusal or inability to erosion; and lack of cultivation of arable land for over three years. gathered  Land Act  from  the  interviews  suggested that there was  some  members about what was meant by 'mismanaged land'. a law, which could be of benefit land management,  reasons  for  prevent soil  However, data  confusion  among  the  This is one example where  to the community by contributing towards proper  is quite meaningless  if it is not understood by the  people  who  are supposed to implement it.  5.3. PUBLIC INVOLVEMENT  Although hearings  the in  neither the  Third which  VLAC  Schedule the  members  and it is therefore  members  interviewed  been by  turned down.  was  by  hearing process.  made  are  A  of  the  entitled  to  appear  nor community members not it  applied.  clear  that  This they  Act, makes and  seemed  is evident were  not  provisions  make  to  be  because involved  for  submissions,  aware  of  this  the community in  the  decision  and that VLAC never bothered to explain why their applications had  affirming that the  issues  Appendix  applicants  provision  making process  of  This notion was only way of  processing  their  confirmed by the  involving the applications,  VLAC  local people  but  none  of  members themselves in land administration them  mentioned  the  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 78 Given the objectives  of VLAC, it is interesting to note the rather limited perspective  from which the Act seems to address the issue of public involvement since it does not  make  provisions that  approve the has  not  VLAC's  made  people's  would  enable  the  community members  land allocation process.  any  connection  In addition to  between  land  to  consider and  this problem, the act  allocation,  land  management  and  participation therein.  Based  on  the  represents  above  discussion,  a considerable  advance  one in the  political  process  in Lesotho, it has to  way  go  attain  to  to  peoples'  could  full  safely  conclude  direction of  people's  that,  involvement  be recognized that there  participation in the  while  VLAC in the  is a much further  decisions  that  affect  them  most - land allocation and use.  5.4. OVERBUREAUCRATIZATION OF LAND ADMINISTRATION  There  are  analysis  also  of  its  functions  and  increase  in the  example  in  Apart  from  significant  administrative power  of  to  the  powers  the  of  the  implications central  discretionary powers  relation the  implications  granting  these  reveals  land  of of  provisions  VLAC  the  a  at  Minister. creation  bestow,  national  considerable  administration  titles,  the  they  level.  increase  including  Such powers  a  in  An the  considerable  are seen,  for  of  servitutes  and tribunals.  also  impose  a considerable  administrative burden to the VLAC's.  The  data collected also suggested that VLAC's were powerless to initiate land-related  projects e.g.  soil conservation projects, or approve such projects if they are initiated  INTERPRETATION AND DISCUSSION OF DATA by  the  local  community.  they  had  although  never  VLAC  members  interviewed  initiated  anything,  even,'  would have to be approved by the Minister before  5.5.  same  to  Section  by  the  bureaucratization applies 9 (1)  VLAC  recorded.  submitted. the  work  This  is  with  be  not the  miners who  also  clear of  its  that size,  it can be undertaken.  the  land registration 1979,  implications.  Land Act of  covered  by a lease, which has to surveyed,  who  unrealistic  a  itself  question  work and live can to  controversial  of  whether  registering  every  parcel of  every  an  recording application  parcel, even  in South  Africa.  barely maintain adequate expect  VLAC  significant  recording plot sizes in paces, in  to  Minister on  registration system without  is  regardless  of the  merely  It also means  for VLAC  is  and (2)  has to  cross-checking  and  very  since  to  be  resources.  This  part  of  are  it has to  be  but  of  sub-leased  of  to  for  such  an  are doing and  can  also has  land be  been owned  a lot  land  it should be noted  subjective  mapped and  a lease  seems  records  which is what VLAC paces  of  transfers for  According  land allocated  Everytime a lease is transferred, mortgaged or extinguished,  registered.  It  project,  it  REPLACING TRADITIONAL INSTITUTIONS  The  by  made  COLLECTED / 79  of  allocations.  extensive  land  that measuring at the  not  be  moment, verified.  Furthermore, VLAC members are not paid for their work, so they cannot realistically afford take much time away from their income-earning farming activities.  It  is  thus  evident  underestimated allocation.  what  that is  the  planners  required  The workload of the  to  and  replace  VLAC's  has  politicians the been  seem  traditional  to  have  institutions  underestimated;  they  seriously for  land  have  been  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 80 burdened with bureaucratic administrative functions and yet they are neither paid nor trained to new  perform these duties.  allocations,  what  land  surveys  remains  etc.  knowledge  5.6.  VLAC's  must  For example,  know  unallocated.  which  are  costly  what  There but  at the time of assuming control of  land has  is  also  without  a  been need  which  the  allocated  to  for  records,  land  VLAC's  must  whom  and  maps,  depend  on  of traditional institutions.  SHORTAGE OF LAND  Although  the  establishment  of  VLAC was  step, it however does not take a decisive  indeed  an  imaginative  and  constructive  position on any of the major land policy  issues such as land shortage and distribution.  As  has  been  elaborated  country of which two  in section  2.5.1  of  lowlands and foothills which constitute  3.2  of  allocation  3  became  2  thirds is unhabitable; thus, the  the  chapter  chapter  further evident  how  after  had lost  is  a mountainous  population is concentrated in  only a third of the  demonstrates Lesotho  Lesotho  problems most  of  land  of  its  land area.  Section  administration and arable  land to  the  Boers and many kinship groups started agglomerating on the limited remaining land.  The  strong  opportunity chief  for  the  in  demand  allocations  for  the  traditional authorities  could, for instance,  favorable accept  inrease  than  limited to  engage  reward loyal subjects other  subjects  bribes for favouring certain  or,  supply  at  applications,  in  of  land  "unofficial  has  created  the  transactions";  a  or faithful administrators with more a  more  shuffling  blantant others  to  level, the  he  could  bottom  of  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 81 the pile. in  It is thus logical to assume that the problems of land administration are,  a way, a product of land shortage and a deficiency in planning.  traditionally, of  For example,  no standard acreage was laid down with regard to the size  of parcels  land, and sites for dwelling were not specifically delineated or beaconed, so the  chief could easily get away with the "unofficial transactions".  Given  the  above  situation, one  opposed  to  the  symptoms  However,  it seems that they  question  of  size  individuals have  of  the  could assume  should  have  been  a  priority  of  the  the  problem  for  instance  apply for any size  has  parcel  been  left  anywhere.  as  policy makers.  avoided taking a position on this major issue.  holdings,  a right to  that an analysis of  open,  The  so  According  that  to  the  District officials interviewed, decisions on parcel size and location have been left  to  the discretion of the VLAC and the chief to decide on each individual case.  The  Act  land  does  not  accumulation  indicate  and  whether  the  commercial farming  families are to be met.  policy  is  to  or whether  encourage  the  large  subsistence  scale  needs  of  poor  Thus even the question of equitable access to land is left  unanswered.  The it  main feature emerging form the above analysis is that while the Act is flexible, is  at  the  price  of  proper  land  management  and  planning,  options open to the administrative decisions of the VLAC. of  leaving  almost all  This creates a possibility  bias towards the more powerful, and this could well be at a cost to the rural  poor hence the complaints from some their  VLAC's  were  either  biased  of the community members interviewed that  when  responding to their applications at all.  allocating  land  or  in  some  cases  not  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 82  5.7.  SOIL CONSERVATION  Tied  to  chapter  the 2  above  that  the  issue  variable  these  alarming conditions  to  be  climate  addressing  the  geological  highly  suitability connected  is  and  the  materials  rainfall,  there  to the  problem  high  are  no  in  Lesotho  erosion VLAC  sections are  levels  policy  land allocation process.  land management  very narrow perspective  problems  2.2  fragile are  and  and of  because  characteristic.  guidelines  pertaining  of  a  Despite to  land  Instead, the government seems at  the  community  level  from  a  by giving individuals the freedom to choose the location of  the  land in which they  are interested  the  VLAC  policy  without  in  raised  such  (see  guidance  is  Appendix A3). therefore,  The implementation of  likely to  aggravate  Lesotho's  land management problems.  5.8.  On  THE INSTITUTION OF CHIEFTAINSHIP  the  political level,  the  transfer of  the VLAC which was conceived  the  land allocation  function  from  chiefs  to  of as a socially and politically neutral administrative  unit, has had important implications for the evolution of Lesotho's social institutions. Of  greatest  importance is the  diminution of  real  and potential  ability of  chiefs  to  use control over land as an instrument of wider political power.  Quinlan  (1983)  has  cast  Their position  has  and  change.  political  light  long been The  on  the  eroded colonial  insecure  by the period  position  of  chiefs  cumulative effect converted  government and distanced them from their people,  them  of  and  headmen.  social,  economic  into  an  arm  of  while industrial transformation of  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 83 South African captured many of their subjects different been has  set  of forces.  overshadowed been  western been  Their symbolic role as respresentatives  by the  extensively  concept  used  power of  questioned  the  by  "democracy".  Cases • of  Their right to rule  experts"  intent  abuse  by some  of  chiefs  have  a  also  production and has concluded that the customary land tenure system  contributes to  inefficient  because  been  allocation  the  economic  also  land  tenure  analysis  management  of  used  system  All of  institution both to  evaluate  resources.  attributes  goals.  to  This  the  kind  of  was  mainly geared  differing  measures  this  has  analysis  towards  however  subsistence,  unfair  thus,  its  to  different  subjecting  the  traditional  and critical scrutiny, and thus  the  institution  the  of  is  performance  had  increasing demands  latter's  of  introducing  on agricultural  has  analysis  on  impact  system  An economic  has  traditional land  an  discredit chieftainship.  of their people  central government.  "foreign  to a  the  tenure  to  of  as migrant laborers, responsible  effect  of  itself has suffered and is slowly being diminished.  VLAC's As  are  the  closer become  to  only  one  example  Lesotho  Government  the  the  state,  more  responsibilities  role  of  seeks of  ambiguous.  with  respect  the to the  For to  progressive modernize  and  chieftainship  as  instance,  land were  ultimately more important prerogative to  the  Minister.  policy,  VLAC  will  Land act  at  Act of  1979  the  "behest"  while  move an  traditional  chief's  VLAC's,  their  make land policy is now  explicitly of  traditional power.  independent  the  transferred to  but  The  diminution of  the  provides Minister.  become the exclusive concern of the central government.  that  on  Land  practices force  has  administrative less  obvious  reserved for  matters policy  of land has  thus  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 84 Many VLAC's  have however,  responsibilities. in  inattention  where  On the  phenomenon, on  illegally  hand, their lack of  expand  their  parcels  the  lowlands,  basis  of  of  appropriate seasonal  partially in response but  also  due  to  to  the  the  their allocative  training seems to  land  are  grazing and cultivation are increasingly being  also developed, the  other  executing  to the social dimension of territorial organization.  people  ordered  proved incapable of efficiently  becoming  common  mixed spatially,  and less  markets  growing  scarcity  of  VLAC's  cases  a  Private  of  resulted  For instance  use.  inability  have  to  in land  land,  stay  have  especially  abreast  of  in the  demand and to regulate transactions which are expressly forbidden by the Act itself.  5.9. DEMOCRATIZATION OF LAND  Although VLAC's, fully  democratization some  of  the  democratic  of  provisions  process.  cannot make appeals  land administration is  For  of  the  Act do  instance,  if the committee  the  one not  fact  of  the  major objectives  appear to that  the  be adequate community  of  for a  members  is acting under the direction of the minister  means that the legislation serves to expose the communities to external tyranny and hinders them from making decisions  As  far as election  for  campaigning,  on internal allocation of land and use rights.  of VLAC members which  is  normal  is concerned, the Act neither makes provision for  nominating the four appointed members. applications  for  allocations,  calls a public meeting pitso chiefs  who  have  been  notifies  the  elections,  nor  does  it  Furthermore, it is the applicant  for the election  of  the  date  of VLAC members.  blamed for taking bribes,  abusing the  have  criteria  chief who  of  the  for  receives  hearing, and  But it is also the system of  allocation  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 85 and  obstructing the work of the past advisory boards.  The  ambiguity of  chiefly Land  authority Act  the  Act  versus  does  not  is even  the  VLAC  provide  single  provides  most the  authoritative  connection  obvious  powers.  the  communal land, the data collected the  more  when  it comes  For instance,  traditional  chiefs  even  with  the  to  the  question  though powers  the to  1979  allocate  seems to suggest that the hereditary chief is still  figure  in  between  rural  the  Lesotho.  Government  meetings of local public meetings pitsos,  The and  hereditary  the  people;  chief he  still chairs  arbitrates and administers village affairs.  In  short, the chieftainship system is the most important institution in rural Lesotho.  Obviously there is a contradiction for the VLAC to depend so who  are  members  at  the  resent  land-related  same the  time  idea  matters.  threatened  of  Others  the  VLAC  explain  major political parties were trying to and  elections  selecting  the  for  the  best  VLAC  men  to  democratize  land allocation,  test  support  their  at  was  The  resistance  manage  the  of  of the  the  VLAC  chiefs,  that  continue  the  to  legislation  always land,  viewed nor  consult  community  the  chiefs  on  adopted  when  the  power  by the  even  Some  was  gain and consolidate  grassroots. seems  However, some people  problem  not  and  establishment.  chiefs,  in rural  locals  necessarily  as as  Lesotho,  a way a  of  way  to  but as contests in which national political parties could  government-nominated-members measures.  by their  much on the  most  from  to  Furthermore, have  ensured  VLAC's some  association resistance  with to  its  prefer VLAC to customary allocation procedures.  the  District  of whom, they  Officials  perspective  claim, are opponents  is  due  of the  to  the  reform.  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 86 This  is  understandable  because  control  over the  allocation  of  land  has  long  been  central to defining their role and powers which they do not wish to share.  Nonetheless, instances,  it is not only the chiefs whose role in VLAC is problematic.  VLAC  members  are  benefit  and once  of  the  community, a quorum could not  to  convene.  Based on the  this was  reported  above  accomplished  discussions,  to  these be  Nevertheless,  VLAC  rationalization of institutions  solicited  members  obtained  votes  for  lost interest  their  personal  in the  and meetings became  affairs difficult  it is clear that the VLAC is not without problems.  It is also obvious that Lesotho is not yet institution.  have  In some  still  ready to  represents  do away with the  a major advance  chieftainship  in thinking on  the  in Lesotho.  5.10. LAND ALLOCATION AND THE OVERALL PLANNING PROCESS  The  struggle  Basotho. of  the  control  over  land  is  one  country, and has strong symbolic overtones to  retain  Africa  residence  independence  make  it  against  "officially"  the  of  the  impossible  for  to come  home,  central  a  themes  of  the  in the historical perception  arising from the  developing  rights or to take their families with them.  means somewhere can  retain  A concern with land is thus deeply embedded  conflict South  to  long and hard  Boer nation. migrant  workers  The laws of to  acquire  In this context, therefore land  and assures Basotho people  a place to  live.  It  easily be seen then, that control over its allocation and distribution is a crucial  element in the political process.  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 87 However, despite for  directing  activities shared  the fact that the government, through VLAC,  and  into the but  shaping  overall  development,  it  has  failed  national/district planning which is necessary  scarce  resource.  Instead,  ad  hoc  has a strategic tool  decisions  to  integrate  VLAC  for management  on  allocations  are  of a being  made on an application-by-application basis.  It is apparent therefore, that a planned pattern of land use cannot be implemented if  the  plans  land  is  cannot  integrated  allocated be  arbitrarily  effective  with  it.  unless  This  has  by VLAC.  The  implementation  tenure  land  management  and  significant  implications  for  of  a  land  use  arrangements  are  attaining  sustainable  development.  Lastly, the A c t does not give the VLAC's an indication that, them,  they  are engaged  tenures.  But the  for  for  land  in more than allocating land to  way in which they  particular  purposes  respond to  in particular  like the  before  individuals in appropriate  allocation requests  locations,  chiefs  determines  by individuals  long  term land  use patterns and thus, the long term sustainable development of the country .  5.11. FUTURE FUNCTIONS OF VLAC  The  interviewed  functions  until  government they  receive  officials some  felt kind  that the of  VLAC  should  training but there  not was  have additional no  mention of  possible modifications of the legislation in order to ensure that the VLAC adequately addresses  land  management  community members, functions  problems  of  Lesotho.  From  of VLAC  included conventional  the  perspective  development  of  projects  INTERPRETATION AND DISCUSSION OF DATA COLLECTED / 88 (schools, roads, health centers, the  government  usually provide.  members have a confused  piped water and so The problem here  on) which donor agencies and is  either  that  the  community  idea of the range of activities that should be performed  by the VLAC or their priorities might be different from what the VLAC is doing.  CHAPTER  The  aim  of  perception  this  of  6.  CONCLUSIONS AND RECOMMENDATIONS  study  their  was  role,  to  analyse  community  the  Village  members'  Land  Allocation  perception,  Committe's  government  evaluation of VLAC and to determine their effectiveness land management as land management in  context  by  institutions  describing  at community level in Lesotho.  salient  features  of  the  study  historical and contemporary aspects of land management  officials' institutions  The study was put  area  and  examining  the  and land tenure in Lesotho.  The results of the study can be summarized as follows:  Lesotho's  geographical  socio-economic  development.  it wholly dependant puts  Lesotho  that  it  has  on  very  agriculture.  families,  especially  it, and the  the  limited  hence a trend of decline  negative  effects  political differences  people  features  The country  resources  agriculture  rural  following  had  position.  natural  Thus, the  has  on  the  country's  The fact that it is surrounded by South Africa makes  in a vulnerable  outside  However,  position  is  who have  the  and  constitute negatively  has  hence  main  between the also been no  source the  base of  countries  unfortunate in  for  employment  livelihood  majority of  affected  two  the  for  many  population.  agricultural production,  over a long period, and increasing dependance  on  south  Africa for cereal products and migrant labourers' remittances.  Lesotho's topography is mostly mountainous with only a narrow region in the west consisting 1500m.  of The  lowlands. steepness  The lowlands and  are relatively high - the  ruggedness  of  the  mountain  Lesotho with limited land for agriculture and settlements.  89  lowest point  region  have  being  presented  CONCLUSIONS AND RECOMMENDATIONS / 90 There The  are climatic differences  in accordance  with  rainfall also varies in accordance with the  which are otherwise  unsuitable  topographical  regions,  for agriculture receive  consequently, the  lowlands  receive  therefore  common and results in poor crop production.  Soils  are  very little rainfall especially  also very  regions  in Lesotho.  the  mountains,  highest rainfall, while  during the growing period.  important for an agrarian country like  Lesotho.  the  Drought is  However,  the  foregoing analysis of soils has shown that not only are most of them unsuitable for agriculture, but they are also highly erodibie, resulting in spectacular sheet and gully erosion.  Nonetheless,  is  cultivated  being  resource.  population  despite  its  pressure  unsuitability  in  South  Africa  agriculture.  In 1868,  Lesotho's  State  disputes  with  after  have  with  also  that  almost  consequent  in agriculture.  had  disturbing  best agricultural land was  South  African  remaining arable land and reduced exports  of  meant  all available land  damage  to  the  soil  Thus, Lesotho is also faced with a rapidly deteriorating land base.  Developments  cycle  has  Boers.  This  effects  lost to added  on  the  Lesotho's  Orange Free  pressure  and opportunities for gainful  on  the  employment  This pressure on land, combined with population growth started the  erosion  and  soil  degradation  which  remians  decline  in  agricultural  production  one  of  the  country's  most  serious problems.  Recently,  the  encroachments  Another  source  is  being  exarcerbated  by  the  customary  land  of settlements onto the little remaining arable land.  of  concern  has  been  on  the  ineffeciency  of  the  CONCLUSIONS AND RECOMMENDATIONS / 91 tenure and administration system. of  the  abused  traditional system the  traditional that  system  system,  is,  chiefs  authority  allocation contrast  in most  necessary  establishment  the  of the viewpoints  lack of  security  cases expatriates,  for regulating  the  Land  from  by the critics  and; b) traditional authorities  claimed that the  little  promise  land resource  Lesotho government's  Village  expressed  bribes and promoting favouritism.  offered  society.  of  its  headmen,  functions to  are; a)  by accepting  and  members of the  Some  Allocation  traditional  approaches taken  for  since  of  authorities.  in  This  countries  the  traditional authorities,  asserting they  the  served  kind  1979  to  approach  of  only a few  answer to these criticisms was  Committees  by other  Critics  take was  over in  the the  marked  in Sub-Saharan Africa to land  management problems.  6.0.1.  Effectiveness  Levels of  of  Village Land  Village Land  Allocation  Allocation Committees  Committees  efficiency,  in terms  of  staying  apace  with applications for allocations, maintaining records, holding meetings and promoting local  participation in land allocation issues,  have  been  minimal.  However, this can  be attributed to VLAC's lack of training and clear policy guidelines.  VLAC's resource  have  also  not  management.  come  There are  little official impetus,  at the  Second,  been  there  dispensation, shortage  to  has  to  undertake  and sustainable  grips  with  several  the  problems  reasons  for this.  district or national levels, little  historical  measures  utilization of  that the  precedent, would  of  First,  for VLAC's even  address  land resource.  land  there  has  and been  role in this area.  under the  shortage  the  traditional  problems  Presently VLAC's  of  land  role is  CONCLUSIONS limited  to  land  organisational  allocation;  VLAC's  are  therefore  problems that traditional authorities  AND RECOMMENDATIONS  bound  to  encounter  encountered  the  / 92  sort  in attempting  to  of deal  with growing population and a limited and deteriorating land base.  Land  allocation  national  at  community  planning • nor has  judgements received  on  planning  level  there for  is  been  the  not  any effort  sustainable  any kind of training on zoning,  standards  on  the  decisions  are  size  made  of  on  allocations an  integrated  use  of  the  management  by  the  guide  application  overall  VLAC's land.  lease stipulations  and  application  to  in  to  district make  VLAC's  or  sound  have  not  or advancing more exact  of  land.  basis  with  ad  Instead no  hoc  regard  for  suitability or carrying capacity of the land base.  Despite  its  procedures members  promise for a more geared  have  towards  not  been  to  shift  are still: a)  the  contact  achieving  this  end  have  provided with adequate  or redress their grievances. attempt  democratic approach to  points  authority from the  between  the  chiefs  government  b) arbitrators and administrators of village affairs.  The  question  this  study.  committee. members'  First,  many members  General duties are  so  hollow  of  VLAC  are  Community  through which to  are infeasible,  and the  since  community  Two main factors  in  most  VLAC  obtain  unclear about  the  members'  this problem by becoming  chiefs  members;  emerged  out  of  purpose  of  the  such as 'democratizing land' or 'representing  phrases  members try to overcome  ineffective?  limited.  clear that VLAC's programs that  and  is why are VLAC  been  channels  Furthermore, it became  allocating  land administration, VLAC's  minds.  involved in other  community  Some  VLAC  development  CONCLUSIONS AND RECOMMENDATIONS / 93 programs  such  as  however,  make  tree  the  planting  comittee  and  piped  water  indistinguishable  campaigns.  from  other  Such  Village  activities,  Development  Committees.  The that  second they  problem with VLAC, do  not  seem  community members. to  have  ignored  matters.  which is related to  seem  to  represent  For example,  them  and  In addition, the  financially or otherwise.  a  the first, arises from the  felt  need  on  some community members  continued  government  to  consult  itself  has  The consequences  traditional  not  the  members  VLAC  do  is  not  seriously  know  they  part  of  the  been reported  authorities its  on  land  commitment  are reduced commitment to their work,  handicapped  whether  have  demonstrated  thus compounding problems of mistrust, misunderstanding and  Finally,  the  fact  by  have  its to  ineffectiveness.  bureaucratic environment. report  to  the  chief  or  Most to  the  government; the Minister has a right to overrule their decisions; and the community members  cannot  Secondly,  although  they  once  traditional resource  make the  had to  appeals  managment  decisions  traditional institutions  manage  institutions  if  still  the  have  been lost  made  most  of  by  the  Minister.  the  legal  powers  land resource, the finding of this study is that the  retain  matters  have  considerable  influence  over  a  wide  and that community members still prefer to  range  of  deal with  the chief on land-related matters.  While VLAC land  could provide the  management  represented;  b)  at the  most  appropriate institutional context  community level,  narrowing discretion;  c)  by: a) allowing different involving  people  in  the  for democratic interests  to  be  administration of  CONCLUSIONS AND RECOMMENDATIONS land;  d)  saving  aspirations practices  are  the not  and  chiefs  from  satisfied;  4)  possessing  5)  increasing  needs  and;  the  sole  responsibility when detailed  and  public  The  fact  that  land management  VLAC's  bodies  is  are  presently  undeniable.  comprehensively  more  work would  solve be  all of  required to  VLAC and member selection as suggestions towards are believed  to  be  the  ill-prepared to  criteria.  act  Several pre-requisites  problems deal  local  with  conditions,  influence  of  and asserting claims on  before reasonable levels of effectiveness can be expected. to  of  economic  community members; and 6) exercising influence over chiefs government.  community members'  knowledge  political  / 94  as are  effective necessary  This thesis has not tried  revealed  by  data  collected.  Much  questions  of  appropriate number of  The following recommendations can be viewed  making the  VLAC's  more effective.  important in that they will encourage  These  recommendations  healthy pressures  for the  eradication of felt inadequacies.  After  each  recommendation  recommended as  short  has  been  reviews  experimented with  of  stated,  below,  of  the  what  present  VLAC  for the  of  the  recommendation,  problems  which  changes as well  have  been  elsewhere.  time  should  explanation  comparable  review  the  role  them with much clearer and more specific  At  an  including reasons  solutions  The Government should  1.  given  neither  be  the  doing; as  VLAC  VLAC's  with  a view  to providing  community members  are sure of  goals.  nor the  a result  Ministry of Interior should, therefore,  of  these  re-evaluate  committees  the  are  languishing.  role of these committees,  The with  CONCLUSIONS a view  to  making their purpose  communicating  the  Land  clearer to  Act 1979  AND RECOMMENDATIONS  all concerned.  in more  simple,  This would  clearer language  / 95  also  (see  mean  appendix  A2).  2.  Apropriate  effectively  It  is  an  resources sectoral  and  planning  that  ultimately  ecologically has so  and  any  defined  resource  area.  It  regional  interactions  that  made  and  the  overall  on  an  application  by VLAC's decisions  therefore,  that  is  also  it must  that is not the case.  be  should  management  be  a planned pattern  implemented  if  VLAC's  that  devised  of a nation's  be  guided  land  by  application  land use  continue  use  to  to  Instead,  Furthermore, unless community level allocations  hoc  of  in all its  policies.  In  between allocations  approach.  ad  place  management  by national  plans.  take  economy  It  and management make  must  the  There is no connection  national  of  initiative  known  many implications for the whole  Lesotho however,  arbitrary  procedures  integrate land allocation into the overall national planning.  known  within  administrative  VLAC's  make  becomes  clear  in Lesotho decisions  cannot  on  land.  are integrated with national land use  plans any attempt to plan the use of land in Lesotho will be chaotic.  Although it is beyond the scope of this thesis to state how this integration can be achieved,  one  assessment  general  (physical  and  requirement social)  to  would  be  form the  This initiative is now being undertaken by the Government  should  management/allocation  therefore policies  make  every  effort  for basis  a  coherent  for  a  Institute of to  ensure  national  national  use  plan.  Land Use Planning.  The  that  land  resource  comprehensive  land  at the community level are a critical part and integral  CONCLUSIONS AND RECOMMENDATIONS / 96 part of the  national land use  plans.  These  plans should  maintain a high level of  environmental regard.  Given  the  technical  departments public  should  guidelines  needed  to  nature  of  land use  assist VLAC's  in formulating their  and also help them  administer  these  planning and control,  with technical  semi-official  plans  on  land  relevant  use  government  plans  within  and organizational an  on-going  regarding ownership, allocation and continuing management,  given  requirements  basis.  Decisions  should, however,  be left  to appropriate community groups and local organizations.  This  strategy  would  socio-economic  enable  development  the of  government  the  to  shape  country and at the  the  same time  participation in the formal land use planning and management policy  guidelines  for  land  management  need  provide support and a stable context for local  3.  The government  should provide VLAC  basis subject to government's  a)  to  VLAC,  plan  and  control.  develop  in an effort  to  a  hinder  physical  guarantee  process. local  initiative  local  but  will  decisions.  with qualified personnel  of  and  The national  on  a temporary  This requirement is needed:  program  correct  not  overall  land  maladjustments  conservation in land use,  recommendations for legislation and administrative measures  and  use  and to  with submit  to carry out this  program;  b) to assist VLAC's in preparing plans for future land resource  management,  CONCLUSIONS and  to  submit  designed  c)  to  recommendations  for  legislation  and  adminstrative  measures  to carry out this program;  educate  and  advice  chiefs,  headmen  empowered  to allocate land or deprive people  or  to  criteria  empowered  d) to  AND RECOMMENDATIONS / 97  be  used  where,  under  the  and/or  any  other  bodies  of land, on proper standards law,  such  persons  are  duly  to allocate or deprive;  assist VLAC on organizational management  issues, to show them  the  need for community participation and how that could be achieved.  The  problem  dentified  of  through  size of holdings  flexibility data  of  the  collected.  land  1979  For instance,  open with applicants  lease for any amount of land.  Act  the  having the  and  VLAC's  Act has  right to  left  ignorance the  were  question  apply and be  of  granted a  While this was traditionally less of a problem when  land was relatively freely available, at present it is no longer appropriate.  This recommendation draws heavily from Botswana's which not only provided a direct link between the at the level, form Land  national level and the detailed but  also  had  of trained staff, Boards,  government  it  is  personnel  the  requisite  experience  political administrative  planning and execution  professional  and  with the Land Boards  of policy at the local  administrative  capabilities  that traditional authorities  lacked.  However, unlike  recommended  primary  function  that  the  be to assist and educate  of  the  land allocators while the  make allocations should, be left with community institutions.  institutions  in  the  Botswana's qualified power to  Again a comprehensive  CONCLUSIONS AND RECOMMENDATIONS / 98 and  practicable set  of  guiding principles for the  government  agents is beyond the  scope of this paper and should be subject to further research.  4.The  continued  influence  of  the  traditional  land  allocation  system  should  be  recognized and every effort should be made to more fully integrate it with VLAC's activities.  Morapeli (Unpublished B.A. project) showed that historically, the traditional institutions controlled most aspects of community resource management. responsibilities for the welfare of their people for  this  control  purpose. of  areas  Besides lira  were  regulating their peoples'  which were  which the crops were  and were  cultivated for the  used in times  The chiefs  had broad  granted control over lands  use  of  land,  community's  of famine and emergency.  they  had direct  benefit  and from  The chief's  also a resource upon which the community might draw through loans  Today, traditional institutions have lost most manage  resources.  institutions  still  Nonetheless, retain  the  of the  legal powers they once  finding of this  considerable  influence  over  herds mafisa. had to  research is that the traditional a  wide  range  of  resource  management matters.  Perhaps allocation  the  most  important  of  land.  Historically  area chiefs  land, controlling grazing and settling are  supposed  however,  full  continuously  to  be  integrated  integration allocate  land  is  of  without  traditional  and headmen were disputes  into  not  continuing  VLAC  responsible  in their communities. as  achieved. reference  influence  ex-officio Instead,  to  VLAC.  were  Lastly,  in  the  for allocating Presently, they  chairmen. they  is  In practice, reported  to  encroachment  of  CONCLUSIONS AND RECOMMENDATIONS / 99 settlements  into  agricultural lands  traditionally are becoming chiefs  were  whether  better  these  more  equiped  problems  due  to  be acknowledged  land  and the  handle  another aspect of land management  While it must  illegal  evident  to  are  and  land the  sales which  question  shortage  of  that the  importance of chiefs  else.  institution  be  In order to  make  misunderstanding VLAC's and  A  decision  on  strengthened  basis  more  by supportive  effecient,  of  personal  be  made  making process  yet  to  local knowledge and  more interest,  more  connections  carry out its tasks.  democratic it  open  to  and be fully  is  and  less  liable  recommended allow  greater  that  to the  involvement  participation of community members.  major  concern  with  through favouritism. fate  the  VLAC  is  It is thus recommended that  integrated into VLAC in order for the latter to effectively  5.  This  or  Without the work they do in controlling land  local land use there would be in disorder.  chieftainship  land.  VLAC  varies from place  experience  the  than  which should be further researched.  possess valuable, comprehensive  resources,  common  the traditional  problems  place, the traditional authorities that exists nowhere  not  is whether  management  present  were  as  traditional  by  has  been  However, if VLAC is not open,  traditional authorities.  accompanied  authorities  greater  Indeed,  openess  in  if  the  the  abuse  of  the  system  it is likely to suffer the same  democratization decision-making  of  land  process,  administration opportunities  is for  corruption may be reduced.  It is therefore  recommended that VLAC adopt a more open  participatory process in  CONCLUSIONS AND RECOMMENDATIONS / 100 which  community  making there  process is  a  some  would  of  the  would  VLAC  widespread  self-interest. to  members  VLAC  preclude  members the  and also  belief  This of course  chiefs'  have  that  have  their  be  more  access to  some  would not  for  access  VLAC  use  but  in the  their records.  may  rule out the  own  involved  make  decision  At  land  present  decisions  in  possibility of a grant of land  making the  system  or VLAC's participation in decisions  more  open  involving their own  interest.  An  open  process  will  land allocators who confidence  6.  A  not  only be  useful  perform their duties  to  in accordance with the  and public service from unfounded  planning  and  evaluation  community members  component  of  the  problems with VLAC  is that  would  it was  wide without a pilot study to test whether questionable  whether  instance,  since  research  was  them. over  It a  is  1979  when  carried  out  therefore  definite  requirements  be  period  VLAC there  were has  recommended  first  not that  of  time  including  integrated  into  VLAC  effectiveness be monitored.  principles of trust,  have  to  be  into  VLAC  adopted  and  for VLAC was established  been  implemented  nation  any  activities,  the  documented  estimated and  In addition, it is  ever considered.  until  a systematically targets,  built  of goals  it will actually work.  an evaluation component  protect  accusations.  procedures to document constraints and achievement  One  but will  that  time study  phased budgets its  when  plan and  For this  evaluating for  VLAC  resource  implementation  and  LIST O F  Bawden,  M . 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Note - Land may be allocated for several purposes, e.g. residential business, planting of tees, growing of vegetables or tobacco, cultivation of crops, burial of the dead, erection of churches for purposes of worship, building of stables and kraals, etc.  Comment - The existing  sub-paragraph (1)  Court  case  decision  H.C.T.L.R.  in  the  of  Mampha  is redrafted on account Nkhasi  v.  Shopane  of the Nkhasi,  High 1955  at 39.  (2) Inspection of Land allocated for cultivation: Every Chief and every Headman declared as such by the High Commissioner shall frequently inspect all lands allocated by him in his area for the cultivation of crops and is empowered to take away land from people who in his opinion have more lands than are necessary for them and their families' subsistence and grant such land to be taken away to his subjects who have no land or insufficient lands.  (3)  Deprivation  of  land  not  used  or  ill  used:  It  will  be  at  the  discretion  of  such Chief or Headman to take away a land or lands which he has allocated to any of his subjects who, through continued absence or insufficient reason, fails for two successive years properly to cultivate or cause to be cultivated.  Quoted from Eckert (1980) 111  / (4) Retention of lands by widows: No widow shall be except under the provisions of paragraphs (2) and (3).  Provision  of  land  for  minors  after  the  parents  deprived of  112  her land  death  (a) On the death of the father or mother, who ever dies last, all arable land allocated to them shall be regarded as land that has become vacant and shall revert to the Chief or Headman for reallocation. Should however there be minor dependents left in such household, it shall be the duty of the guardian of such minor dependents, or in his absence the person who has the custody of the minors, to report the presence of such minors to the Chief or Headman, and it shall be the duty of the Chief or Headman to make provision for such minor dependents, during the period of their minority, from the land or lands of their deceased parents. If the minor dependents are sons, the Chief or Headman shall, on such sons attaining majority, confirm them on the land or lands used for their benefit during the period of their minority.  (b) In the reallocation of lands which have reverted to the Chief or Headman on the death of the previous occupier and after the needs of any minor dependents have been satisfied as in the previous sub-paragraph (a) prescribed, the Chief or Headman shall give priority, as regards the allocation of the remaining lands should there be any, to the requirements of any adult son or sons of the deceased provided such son or sons reside in the village of the deceased.  (d) Any person aggrieved by the action of the Chief or Headman in failing to observe the provisions laid down in paragraph (5) may complain to the Principal or Ward Chief as the case may be, and if dissatisfied, with the decision of the Principal or Ward Chief he may appeal to the Paramount Chief.  (G)Right  to  select  which  land  to  surrender:  When  under  paragraph  (2)  or  (4)  above a Chief or Headman orders that a land or lands be surrendered, the person so ordered to surrender a land or lands shall have the right to choose which land or lands shall be surrendered.  (7)  Land  allocation  person who  for  has been  gardens  and  allocated the  tree  use  plantations  etc  of land for the  On  the  death  of  a  growing of vegetables  / 113 or tobacco, or for the purpose of planting fruit or other trees, or for residential purposes, the heir, or in the absence or their heir, the dependents of such deceased person shall be entitled to the use of such land so long as he or they continue to dwell thereon.  (8) Land required in the public interest: Except in the public interest, it shall not be lawful for any person to be deprived of his lands, gardens or tree plantations except in accordance with the provisions of this law.  APPENDIX A2 - THE LAND ACT 1979  1. SELECTED EXCERPTS DEALING WITH LAND ALLOCATION 2  Land held under allocation  7.  This Part applies only to land in rural areas.  8. (1) subject to subsection (2) and section 11, a grant title under this Part, if made in respect of land which is not the subject of a registrable title, shall not be transferable and shall, subject to the conditions laid down in the allocation and to the power of revocation, entitle the allottee to use or to use and occupy the land for the purpose stated in the allocation for a period which  (a) in limited (b) in lifetime  the case of a body corporate or unincorporate may be or indefinite period; the case of an individual, may be a limited period or his but shall not endure beyond his lifetime.  (2) Notwithstanding subsection (1) where an allottee of land referred therein dies, the chairman of the Land Committee having jurisdiction shall record in his register the passing of the interest in the land of the deceased allottee to  (a) the first male issue of the deceased allottee (who shall share with his junior brothers in accordance with the advice of the family) unless the deceased allottee had designated other wise; (b) where paragraph (a) does not apply, the person nominated as the heir of the deceased allottee by the surviving members of the deceased allottee's family; or (c) where paragraphs (a) and (b) do not apply within twelve months from the date of the death of the allottee, the State.  2  Quoted from Lesotho Government Gazette No. 17 of 114  1979  / (3) Notwithstanding subsection (2) a surviving spouse of a minor child of the deceased allottee shall be entitled to remain in occupation of the land allocated to the deceased allottee until his own decease.  9. Where a grant of title under this Part related to land which is the subject of a registrable title, the allottee shall, within six months after the date of the allocation, apply to the Commissioner for a lease and such lease shall, in all respects have effect as if it had been granted under Part III.  (2)Where the allottee fails to apply to the commissioner in accordance with subsection (1), the Commissioner shall serve notice upon him so to apply and if he fails to do so within three months of the Commissioner's notice, the grant shall be of no effect and the chairman of the Land Committee having jurisdiction, on being advised by the Commissioner of the allottee's default, shall erase from the register specified in section 17 (2) the entry relating to the grant.  10. (1) Allocations of land made prior to the commencement shall be deemed to have been made under this part.  of this Act  (2) A registrable title held at the commencement of the Act shall be converted into a lease and section 29 and 31 shall apply to the holder of such title as they apply to a person holding title under section 28(1).  11. (1) Whenever an allottee of land used for agricultural purposes is desirous of holding his land under a lease of licence under the conditions relating to land held under a lease or licence he may apply to the Commissioner for the issue of a lease or licence in respect of that land.  (2) The Commissioner shall not issue a lease or licence on the application of an allottee unless the allottee's land satisfies the conditions which the Minister may by notice in the Gazette determine in respect of the use to which the land is put and the level of development which the land has attained or is intended to attain.  115  / (3) Any allottee aggrieved by the decision of the Commissioner under this section may appeal within three months of the date of the decision to the Tribunal whose decision shall be final. 12. (1) Subject to subsection 9 (2) the power to grant title to land shall be exercised by majority decision of the Land Committee established for the area of jurisdiction, of which the Chief having jurisdiction shall be chairman "ex officio" or of such other Land Committee as the Minister may establish under section 18.  (2) Notwithstanding subsection (1), whenever, in pursuance of regulations made under section 18, directions are given to the Land Committee by the Minister the Committee shall act in accordance with the directions.  (3)A Land Committee shall not exercise its power of granting title to land for commercial or industrial purposes unless it shall have first referred the application to the Minister who shall forthwith seek the advice of the Minister for Commerce and Industry.  13. (1) The power to revoke an allocation shall apply only in respect of land which is not the subject of a registrable title and shall be exercised by the Land Committee for the area of jurisdiction, under the chairmanship of the Chief having jurisdiction or such other Land Committees as the Minister may establish under section 18.  (2) Before exercising its power under subsection (1) the Committee shall, through its chairman, give at least 30 days' written notice to the person affected thereby of its intention to do so.  (3) The notice referred to under subsection (2) shall grounds upon which the allocation is to be revoked.  set  out  clearly  the  14. (1) Where it is necessary in the public interest to set aside for public purposes allocated land which is not the subject of a registrable title, the Minister, after consultation with the Principal Chief having jurisdiction and upon obtaining the King's assent, shall by notice in the Gazette, declare the land to be so required.  116  / (2) The Commissioner shall, upon publication of a declaration notice issued under subsection (1), forthwith send a copy thereof to the chairman of the Land Committee having jurisdiction, and the chairman shall thereupon cancel the allocation made in respect of the land subject to the notice and shall serve a revocation notice upon the allottee in the manner prescribed in section 86 requesting him to vacate the land by a date not later than six months from the date of publication of the declaration notice.  16. (1) a person aggrieved by a decision of a Land Committee refusing to grant a title to land or revoking an allocation otherwise that under section 14, may appeal to the next Senior Land Committee.  (2) No appeal shall lie under this section where (a) the refusal to grant is in accordance with the by the Minister under section 12 (2);  directions  (b) the ground of appeal does not involve a question  issued  of law.  17. (1) The chairman of the Land Committee which grants a title to land shall issue or cause to be issued to the allottee a certificate which shall be either in Form "C1" or "C2" in the Third Schedule as appropriate.  (2) Every chairman shall keep or cause to be' kept a register of all allocations made by his Land Committee which register shall be in Form "E" in the Third Schedule, and shall endorse thereon-  (a) any cancellation section 9 (12);  resulting  from  the  application  of  (b) any revocation made under section 13 or made pursuant to a declaration notice issued under section 14(1) or resulting from the loss of title by virtue of section 44 or 50.  (c) any derogation  resulting from the  grant by the Minister  117  of  a public servitude under section  72.  The Minister may make regulations or more of the following purposes -  under this  Part for  (a) prescribing the allocation which may be made and the persons to whom they may be made, the grounds on which and the circumstances in which they may or shall be made or revoked and generally regulating the principles according to which and the manner in which the Land Committee shall exercise its powers under this Part;  (b) specifying the grounds on which and the circumstances in which the Minister shall give direction under section 12 (2):  (c) establishing Land Committees and providing for their composition, seniority, meetings, procedure and quorum;  (d) regulating the conduct of meetings in the event of a chief as chairman ex-officio failing, for no good cause, to attend a properly convened meeting of a Land Committee:  (e) generally carrying into effect the purposes of this Part.  APPENDIX A 3 • FORM  1. APPLICATION FORM TO THE CHAIRMAN OF  FOR APPLICATION  A  FOR ALLOCATION  Name of applicant: Sex Age 1. I apply for an allocation of land situated at for the purpose of for my lifetime/for years only 2. My reasons for making this application are  3. I do not hold/hold other allocations  (o  of land as  follows:-  :  (ii) (iii) (iv) (v) 4. I understand that if the allocation is granted to me for traditional or agricultural purposes, it allows me and my immediate family i.e. husband/wife receives the right to to continue to use and occupy the land until he/she dies and after his/her death the interest in the land will pass to my surviving heirs. 5. I understand that I cannot transfer or sell this allocation to any person an that the Land Committee who granted this allocation retains the traditional right to revoke all or part of this allocation including the right to derogate or lessen my rights of use and occupation. Date Signature of applicant or thumb print of applicant.  119  OF LAND  APPENDIX  7.  B1 - Q U E S T I O N N A I R E  ADMINISTERED  T O THE VLAC  A. THE ROLE AND PROCEDURES OF VLAC  1. Describe the overall purpose of VLAC. 2. How were you chosen ? 3. How long have you been a member ? 4. Can you briefly describe what you have done so far ? 5. Do you understand what is expected of you and can you comfortably perform you duties ? 6. How were you briefed on this job ? 7. Were you given a copy of VLAC terms of reference ? 8. Did you receive some kind of training ? 9. What is your working relationship with the chief ? 10. How often do you hold meetings ? 11. When was your last meeting ? 12. Do you get paid for your work as a member ? 13. If yes, how much ? 14. Roughly, how many hours per week do you spend on your work as a VLAC member ? 15. Do you keep records of your work ? 16. If yes, are the records available to the public ? 17. What kind of problems do you often encounter in your work ? 18. How are they solved ? (explain with examples) 19. If a land-related conflict arises over an area falling under different chiefs, how do you solve it ?(explain with example) 20. Do you think VLAC has an important role in the community ? (explain with examples) 21. Do you think VLAC would have an important role in the future ?  2.  B. LAND ALLOCATION AND OVERALL NATIONAL PLANNING  1. 2. 3. 4. 5. 6.  How are you involved in the overall planning process ? Do you ever get help form the government technical personnel (in planning) ? If yes, what kind of help ? When was your last meeting with the Government personnel ? What do you generally discuss in these meetings ? Where was the last meeting held ?  120  / 121  3. C. THE SALE OF LAND  1. 2. 3.  Is the sale of land common in this area ? If yes, how are you involved ? What do you see as the long term implications of land sales ?  4. D. OVERBUREAUCRATIZATION OF LAND ADMINISTRATION  1. Who are you directly responsible to ? 2. If you want to initiate a land-related project in your village, can you do so without getting permission from the government ? (explain with examples) 3. If no, what is the procedure ? 4. How does VLAC reach decisions • ? 5. Do you have the authority to enforce your decisions ? (do you actually do it) explain with examples. 6. How has VLAC solved land management problems in Lesotho ?  5.  E. RELATIONSHIP WITH OTHER VILLAGE INSTITUTIONS  1. 2. 3. 4. ?  Which other village institutions are in this area ? What relations exist between VLAC and them ? What problems does VLAC have with these institutions ?(explain with examples) Do you thin your duties overlap with those of other institutions, in the village  6. F. RELATIONSHIP WITH COMMUNITY MEMBERS  1. How are villagers involved in the land allocation process ? 2. Do you ever have public meetings ? 3. If yes, how are they conducted ? 4. What kind of issues are discussed at these meetings ? (explain with examples) 5. Do you keep records of these meetings ? 6. If yes, are they available to the public ? 7. Do the villagers ever approach you with problems/suggestions concerning land allocation/management ? 8. If no, where do they go when they have problems ? 9. What kind of relationship exists between you and the villagers ? 10. What do you think should be done to improve these relations ?  APPENDIX  B2 - C O M M U N I T Y M E M B E R S Q U E S T I O N N A I R E  1. Are you aware of VLAC ? 2. If yes, what do you know about it ? 3. What were your feelings when you first heard about VLAC ? 4. Now that VLAC is old, how do you feel about it? 5. How are other villagers responding to VLAC ? 6. What significant changes in land management have been brought about by VLAC ? (explain with examples) 7. Does VLAC have the power to enforce regulations ? (explain with examples) 8. How are you involved in land allocation issues ? 9. Does VLAC ever hold public meetings ? 10. What kind of issues are discussed in these meetings ? 11. When was the last meeting held ? 12. Whom do you approach when you have problems/suggestion concerning land allocation/management ? 13. Are there other committees other than VLAC in this area ? 14. If yes, which are they ? 15. How do they differ from VLAC ? 16. Do you think VLAC should have other functions in the future ?  122  APPENDIX  B3 - G O V E R N M E N T OFFICIALS  QUESTIONNAIRE  1. Briefly describe the overall duties/procedures of VLAC ? 2. Why did the government introduce VLAC ? 3. Are the villagers comfortable with VLAC ? 4. How has VLAC improved land allocation in terms of fairness ? 5. How is VLAC involved in land sales transactions ? 6. How is public participation effected through VLAC ? 7. Has VLAC led to positive adjustments in decreasing area of arable land ? (explain with examples). 8. How has VLAC improved land management at community level ? 9. How is land allocation, at community level integrated with overall national planning ? 10. Over the last couple of years, what kind of problems have been reported concerning VLAC ? 11. How were they solved ? 12. How is interaction between VLAC and other village institutions effected ? 13. What is the relationship between the VLAC and those institutions. ? 14. Given Lesotho's future, how can a regional and national care be brought to land management through VLAC ? 15. Do you think VLAC should have other functions in the future ?  123  APPENDIX  C1  1. DETAILED DESCRIPTION OF INTERVIEW RESULTS BY AREA  The purpose of this appendix is to give a detailed description of interview results by area. As mentioned earlier, the field research was carried out in six districts of Lesotho. Three sets of questionnaires were prepared and administered to: a) VLAC members, b) community members and c) government officials responsible for VLAC. Thirty-four interviews were completed on the VLAC questionnaire, while 239 interviews were completed on community members questionnaire and lastly, 5 interviews were completed on the officials' questionnaire.  2.  GOVERNMENT OFFICIALS PERCEPTION OF VLAC  All the interviewed district officers said that the purpose of VLAC titles on both allocations and leases and to revoke them.  is to  grant land  There was a general consensus among the district officers on the question of why the government introduced the VLAC. They stated that even though the chiefs and headmen had always allocated land in conjuction with advisers in Lesotho, the question of chiefly power and land administration had long been a contentious one. The system was open to abuse and the chiefs often accepted bribes and therefore the government thought they were not the best agents for administering so valued an asset. The VLAC movement was therefore meant to bring land under a more democratic and rational system of administration and to curtail the opportunities for abuse.  Most of the officers admitted that with a few exceptions, the people seemed satisfied with the concept of VLAC. But some added that most communities were getting frustrated with the VLAC's which seem to be confused and ineffective.  2.1.  Land  sales  The government officers were aware of the illegal sale of land that was going on unchecked in many communities especially in the lowlands where there is a pronounced scarcity of land. Most of them stated that since the sale of land is illegal, VLAC should not be involved in its transactions. However, a few of them 124  / 125 have been reported doing so secretly,  2.2.  Community  in most cases with the  chiefs.  involvement  When addressing the question of community participation in land administration , the officials said that the only chance that community members get to participate in VLAC's activities is when a decision has been made on their application, then they would be called to hear the commitee's judgement.  2.3.  VLAC  c o n t r i b u t i o n to  i m p r o v e d land  management  Background:  The increase in population over the years militates against the equity principle embedded in the customary land tenure system. Landlessness increased from 12.7 percent in 1970 to 25.4 percent in 1986. It is estimated that this group of destitute household will be about 50 percent in the next twenty years.  The government officers were asked to comment on how VLAC has led to positive adjustments to the decreasing area of arable land. Some of them were not even aware that there is an acute shortage of land in Lesotho. A few that were, explained that VLAC has failed to improve land management largely because there have been no guidelines from the government on how the VLAC's should go about their duties. This resulted in VLAC following the traditional route whereby applicants could dictate the location and size of land they wanted.  Concerning the integration of land allocation at the community level with district and/or national land use management, the officials pointed out that the issue has not been taken into consideration although there was hope to do so in the near future.  2.4.  Problems  reported  concerning  -In some instances they were elected very biased in their dealings.  VLAC  on political grounds and consequently  became  /  126  -Some chiefs are reputed to have influenced elections.  -Some members solicited votes solely for their own personal benefits in land allocation and once this was accomplished they lost interest in the affairs of the community; a quorum could not be obtained and meeting became difficult to convene.  -Some chiefs felt threatened  by VLAC's and consequently  obstructed their operation.  Examples were cited where chiefs simply ignored committees and did everything on their own, or on the advice of people not elected to serve on VLAC. In addition to these problems, some community members ignored the VLAC and still continued to consult the chief on land administration matters. Lastly, it was found that most of the chiefs and their committees either did not know or understand the Land Act 1979 which they were supposed to administer.  2.5.  VLAC  relationship  and  other  village  committees  Government officials saw a need for interaction between VLAC and other village committees especially the Village Development Committee, which is the umbrella group for all planning activities. However, there is no binding regulation for the committees to work together resulting in a lot of conflict and duplication of effort.  2.6.  VLAC  future  functions  None of the interviewed officers felt that VLAC should in the future have additional functions. The general opinion was that the present roles of the VLAC's should be stated clearly to both the members and the community. Some officials added that there is an urgent need to train the VLAC's.  3. 3.1.  THE VLAC PERCEPTION OF THEIR ROLE Mohlanapeng VLAC  - Thaba-Tseka  District  / 127 Mohlanapeng VlAC members described their overall purpse as allocation of land for residential and agricultural purposes. A few added that they also had the power to take over land that is being mismanaged, settle disputes over land and allocate land for communal woodlots as a way of combating soil erosion. However, their responses to what they considered mismanaged land varied and potrayed a lot of confusion.  Concerning what they achieved since they joined VLAC, those members who had been in VLAC for more than five years said that they just allocated residential sites, while those that had been members for one to three years stated that apart from allocating residential land they also settled disputes over land and were invloved in soil conservation campaigns. Members who had just joined VLAC stated that they hadn't done anything.  When asked been chosen  to comment on how they were chosen, all of by the villagers at a pitso (public meeting).  them  said they had  Committee members said that they understood what was expected of them since the chief had briefed them. However, all members except one had never seen a copy of VLAC's terms of reference neither had they been trained to do their job.  All of them said that their relationship with the chief was  3.7.7.  Meetings  and  perfect.  records  The members responses on their meeting procedures were also varied. Some said they had meetings twice a month, others said three times and others stated that they only met when the applications had piled up. They also mentioned that their working hours depended on the number of applications that they had to deal with. All of them said they kept records of the meetings although those records could not be seen by the public.  3.7.2.  Problems  Most members pointed out that their performance was very poor hardly ever met. Other members were not very comfortable with  because they their role of  / 128 settling disputes, they argued that they felt they were being used by the chief to do the dirty work yet they were not even sure of whether they actually had the power or authority to enforce their decisions. A few did not know what The Land Act of 1979 was all about, yet they were supposed to administer it. This statement contradicted their first response that they understood what was expected of them and could do their job comfortably. One got a feeling therefore that they meant that they could comfortably do what the chief orders.  3.1.3. VLAC  involvement  in  the  overall  planning  process  The members said that they were not involved in the their work involved processing applications for land.  3.7.4.  Land  planning  process  and that  sales  All VLAC member said that sale of land in Mohlanapeng was unheard of since they still have unoccupied land which the people could apply for.  3.7.5.  Public  involvement  Half of the respondents stated that community members are involved in land administration issues through public meetings, while the rest of the members explained that the only way they involve the public is when they process their applications. The former also said that in these meetings they discussed their plans for rotational grazing with the public. However, they do not keep the records of those meetings.  3.7.6.  Relationship  between  VLAC  and  community  members  Community members ignore the VLAC and approach the chief with their problems and suggestions concerning land management. However, relationships were still good, VLAC members said.  3.2.  MATHEBE  VLAC  • MAFETENG  DISTRICT  /  129  Mathebe VLAC members described the overall purpose of their committee as land allocation, definition of boundaries between allocated sites and settlement of disputes over land. All members said they had been chosen by the villagers at a public meeting using votes. Concerning their duties so far, they said that they are largely involved in residential and agricultural land allocation. Most of them though, did not understand their duties and were very confused. They pointed out that they were neither briefed, trained, nor were they familiar with their terms of reference. A few members, however, said that they were very clear on their duties and happy with their work.  3.2.7.  Relationship  with  the  chief  Half of the members said the relationship with the chief were good while the rest said that their working relationship with the traditional authorities were very bad.  3.2.2.  Meetings  and  records  Mathebe VLAC met two or three times a month or when it was necessary. Some said that they kept records of the meetings while others said they did not. Nevertheless, there was a general consensus on the fact the records were not available to the public.  3.2.3.  Problems  Members are not paid for their work, they are being used by the chief to do village administrative work and since they were not sure of what they should or should not do, they could not challenge the chief's orders. They also mentioned that were often sued by the villager for revokation of their land.  3.2.4.  Involvement  in  the  overall  planning  process  Members mentioned that they are neither involved in the planning process nor do they ever get help from the government technical personnel on land management.  / 130 3.2.5.  Land  sales  In Mathebe, there was an obvious feature of ribbon development of settlements along main roads and on areas that were formely used for agricultural purposes.  When asked to comment on how VLAC was involved in these transactions, they said that they were never consulted instead the chief deals directly with the sellers and potential buyers.  3.2.6.  Relationship  with  other  committees  There are quite a few committees in Mathebe i.e. The Village Development Committee, Village Water Supply, Burial Society, Soil and Water Conservation Committee and Agricultural Committee. However, VLAC did not see any connection between them; "we never work together" they said.  3.2.7.  Public  involvement  According to the members, public involvement in VLAC's decision making process meant processing the public's applications for land. They also said that community members preferred to go to the chief with their land-related problems, and their relationship was bad.  3.3.  MOSUOE-TSEPISO  VLAC  - QACHAS  NEK DISTRICTS  Most respondents describe the overall purpose of VLAC as allocation of land for residential, agricultural and general development purposes. Some went on to say that VLAC is also responsible for settling land-related disputes.  All members had been chosen at a pitso by the public and their day to day duties involved allocations and control of grazing area.  Although most  members claimed that they perfectly understood their roles none of  / 131 them had ever heard of or seen a copy of their terms of reference nor had they ever received any kind of training. They said that it was the chief who briefed them about their job.  3.3.1.  Meetings  and  Records  Meetings were held when necessary i.e. when the applications had piled up. Records of these meetings were usually kept but were unavailable to the public.  3.3.2.  Problems  Members do not get paid for their work, there was also a growing tendency for the community members to illegally allocate themselves marginal land next to their plots and the chief is not very cooperative.  3.3.3.  Overall  planning  VLAC members are never involved in the overall planning process. Most of them said that the government through the institute of Land Use Planning has helped them by conducting soil surveys and giving them the results.  3.3.4.  Relationship  with  other  committees  Mosuoe-Tsepiso committee members said that their working relations with other committees in the village were generally good although there is an obvious overlap in their duties.  3.3.5.  Public  involvement  The committee members said that they don't involve the public in their activities, but they do hold public meetings and inform people about their decisions on land allocation and grazing control issues. Records of these meetings are kept but again, the public is not allowed to see them.  / 132 The  community members never approach them with problems or suggestions.  3.4.  LISOLOANE VLAC  - LERIBE  DISTRICT  The purpose of VLAC is to grant and revoke allocation for both residential and agricultural land, explained the members. All members were chosen by the community members at a public meeting and their duties included secretarial work, a few allocations and other odd jobs that may be assigned by the chief from time to time.  Most members said that they understood what was expected of them except a few who claimed that they were never briefed about their duties. There was one copy of the terms of reference for the VLAC, but it was kept by the chief and none of them had ever seen it. Members were never trained for their job and generally, their working relations with the chief were bad.  3.4.7.  Meetings  and  records  Concerning the meetings, Lisoloane VLAC members said that they had meetings two or three times a months depending on the number of applications they have to deal with. Records of these meetings were kept but could not be seen by the public.  3.4.2.  Problems  The problems that the members often encountered in their work were largely due to the fact that they did not get along with the chief, who was just ignoring them or trying to obstruct their work. They also said that they had very little knowledge about the procedures they have to follow in the allocation and revokation of land. Lastly, they said that there was no spare land to allocate in Lisoloane, so they felt helpless.  3.4.3.  Involvement  In  Overall  Planning  The committee members said that they were not involved in the overall planning process since they only dealt with applications. Apart from the Workshop that was  / 133 run by The Institute of Land help from the government.  3.4.4.  Use  Planning two  years  ago,  they  haven't  received  Land sales  Committee members explained that although the sale of land was very common in Lisoloane, they were never consulted on such matters. However they saw the long term implications of this trend and the concentration of land in the hands of the few rich and total disappearance of good agricultural land.  3.4.5.  Relationship with other committees  There are two other committees in the village, the Agricultural and the Village Development Committee. VLAC members said that there were no working relations between them and the Agricultural committee while relations were very bad between them and the Village Development Committee. They complained that VDC was composed of chiefs who were authoritative and wanted to rule the VLAC.  3.4.6.  Community involvement  The community members are not involved in land adminstration matters, they cannot attend VLAC meetings unless a decision has been reached about their application. The villagers on the other hand ignore the VLAC and bring their land-related problems to the chief.  3.5.  MAHLATSA  VLAC  - BEREA  DISTRICT  Mahiatsa VLAC members responses on the purpose of VLAC were uniform. They said that it was to allocate land for residential and commercial purposes. One member added that VLAC also had the power to revoke allocation rights and supervise successions to allocations.  Most members had been chosen by the public at a public meeting. Nevertheless, a few had been nominated by the government. The committee members described their duties generally as allocation. All of them said they were comfortable with their duties since they had been briefed on their job by the chief and a few of  /  134  them said that they had learned their roles from other members. None of them had a copy of VLAC terms of reference and the only training they were ever exposed to was a workshop run by the Institute of Land Use Planning two years ago.  3.5.7.  Meetings  and  records  The committee holds meetings once or twice a month depending on the number of applications they have to deal with. However, none of them could remember when the last meeting was. The chief kept the records of the meetings and neither the VLAC nor the community members could see them.  3.5.2.  Problems  Members do not get paid for their work, there is no spare land to allocate landowners are often illegally extending their plots onto the marginal lands.  3.5.3.  Involvement  in  overall  planning  VLAC is not involved in the overall planning process advice from the government on land management.  3.5.4.  Relationship  with  other  and  and they  never  get  technical  committees  There is one other committee in the community, the Village Development Committee. The VLAC members stated that they never work together or meet with this committee yet they admitted that their work overlapped, e.g. both of them have to make plans for rotational grazing.  3.5.5.  Community  participation  Members of Mahlatsa VLAC explained that the only time they had ever involved the community in their activities was after the land use planning workshop, two years ago, when they called a public meeting and shared with the villagers what they had learned from the workshop. The records of this meeting were not kept.  /  135  Community members never approach the VLAC on land management/land allocation problems, although VLAC members described their relationships as fairly good.  3.6.  MATUKENG  VLAC  - MASERU  DISTRICT  Members of Matukeng VLAC explained that the purpose of their committee is to allocate land to needy people. However, their definition of 'needy people' varied.  Some of the members were chosen by the public and others nominated by the government. Concerning their duties, members mentioned that apart from allocations, they had been involved in delineating areas for orchards, woodlots and vegetable gardens.  Most of the members had very little knowledge of what was expected However, they admitted that they mostly executed the chief's orders.  3.6.7.  Meetings  and  them.  records  The members said that their meetings applications to pile up.  3.6.2.  of  were  rare and usually they  waited  for  the  Problems  Committee members did not get paid for their work, they were not confident about the laws and procedures governing land use and management, they were very uncomfortable with revocations and their meetings were very infrequent.  3.6.3.  Overall  planning  Matukeng VLAC is neither involved in the overall planning process nor does it get technical help from the government.  at district level  / 136 3.6.4.  Land  sales  Members denied the allegation that there is a common practice of selling land in their area yet there was an obvious development of residential plots in the middle of agricultural land.  3.6.5.  Relationship  with  committees  Working relationships between VLAC and other village committees  3.6.6.  Public  are good.  involvement  The public is involved in land allocation matters land.  only through their applications for  4. COMMUNITY MEMBERS VIEWS ON VLAC 4.1.  M O S U O E TSEPISO  All interviewed VLAC. Most residential and and controlling  COMMUNITY - QACHAS  NEK DISTRICT  community members in Mosuoe-Tsepiso community were conscious of of them indicated that the duties of VLAC included allocating agricultural land to heads of households, protecting fauna and flora the use of grazing lands.  When asked about their feelings towards VLAC some stated that they found it OK although it had been imposed on them by the government. Others liked it but complained about its inefficiency.  4.7.7.  Significant  changes  brought  by  VLAC  Most respondents acknowledged that there had been a lot of changes since the establishment of VLAC. For instance, they said, VLAC had assigned interested community members some land for communal woodlots, fair allocation of residential  / 137 sites was obvious, there was noticeable equitable distribution of thatching grass and that VLAC was on the whole very helpful.  4.7.2.  VLAC  power/authority  Most respondents were of the opinion that VLAC had the power to enforce decisions. They gave examples of cases where people had illegally increased their plots and VLAC had sued them. Some community members also mentioned that VLAC could actually influence land management by advising community members on how to best use their land and by checking whether they actually use their land accordingly. Nevertheless, some villagers contradicted the former by saying that VLAC did not have the authority to enforce regulations but their power depended on the extent to which they could really assert their rights against traditional authorities, which was not always possible.  4.1.3.  Community  involvement  Community members did not normally attend VLAC meetings. However, they were involved in their decision making process since VLAC always calls public meetings to find out the people's feelings about their grazing plans. Nevertheless, the community members still go to the chief about their problems and/or suggestion related to land management.  4.7.4.  Relationship  with  other  committees  Quite a number of respondents were aware of other committees although they did not know how they differed from VLAC.  4.7.5.  Future  in the  village  functions  Despite a lot of probing, most villagers said that they thought in future VLAC should provide them with basic services like public health clinics, piped water etc. Some people suggested that in future VLAC could get involved in soil conservation programs and that the government should train VLAC in basic resource management skills.  / 138 4.2.  LISOLOANE  COMMUNITY  - LERIBE  DISTRICT  Since VLAC had existed for a couple of years, almost all respondents knew about its. However, their opinions about the exact role of VLAC varied. Most said VLAC was mainly engaged in land allocation and could also revoke land that was not being used. Some stated that VLAC's role was to keep watch on animals that trespassed on conservation works.  Most respondents liked the idea of VLAC in comparison with the way land had been allocated before. They argued that the chiefs often accepted bribes. A few mentioned that they had never liked the idea of VLAC because there was nothing wrong with the traditional way of doing things and that VLAC was imposed on them by the government. Few admitted that VLAC had advantages and disadvantages i.e. the idea was not bad although VLAC did not seem to know what they were doing.  4.2.7.  Changes  brought  by  VLAC  Concerning significant changes brought by VLAC, most respondents said that the establishment of VLAC's had not decreased the power of traditional chiefs on land allocation, its management and use. VLAC seemed to be playing only the advising role.  4.2.2.  Community  involvement  Most of the interviewed respondents pointed out that although VLAC is supposed to provide greater people's participation on land management issues, the only time they get involved is when a decision has been reached about their applications. A few people said that VLAC calls public meetings sometimes yet they could not remember the issues that were discussed in those meetings.  4.2.3.  Relationships  with  other  committees  Most villagers were not aware of other committees did, could not remember their tiles or roles.  in the community, the few that  / 4.2.4.  Future  139  functions  On the question of future functions of VLAC's, the responses varied. Some people thought that the future functions of VLAC should include provision of basic services while some said that VLAC should be terminated because of its inefficiency and some thought that it should be trained before it takes on more duties.  4.3.  MATUKENC  COMMUNITY  - MASERU  DISTRICT  In Matukeng all the interviewed villagers were aware of VLAC and their responses on its role were uniform. They all said that VLAC was involved in granting titles to land, revoking them and settling disputes land.  Concerning their feelings about VLAC, most of the respondents said that they did not care whether it was good or not since they already had land and therefore were unlikely to work with it.  4.3.1.  Significant  changes  brought  by  VLAC  Although most community members said that there were no significant changes in land management/allocation that could be attributed to VLAC, some mentioned that VLAC had acted as a catalyst towards provision of basic services. However, a few probing questions proved that it was not VLAC but Village Development Committee which had acted as a catalyst.  4.3.2.  VLAC  power/authority  Respondents were not sure whether VLAC actually has power decisions since everything was still being done by the chief.  4.3.3.  Community  to  enforce  their  involvement  Most respondents pointed out that VLAC did not involve them at all in its activities and they hardly every responded to their applications. They admitted though that a  / 140 few public meetings were called by the chief on behalf of the VLAC but issues that were discussed there were not related to land management or allocation  4.3.4.  Relationships  with  other  committees  Matukeng community members knew about the existence of other committees the village but were not sure of their roles and how they differed with VLAC.  4.3.5.  Future  functions  Most respondents basic needs.  4.4.  MAHLATSA  in  thought  that VLAC's future functions  C O M M U N I T Y - BEREA  should include provision of  DISTRICT  Almost all of the interviewed respondents in Mahlatsa knew about VLAC and its role. Most of them said they had liked the idea of committees but were disappointed with its performance. Some had never liked it and some did not care.  4.4.7.  VLAC  power/authority  The respondents mentioned that VLAC had the power to enforce regulations and gave the examples of cases where community members had disputes over land and VLAC took the cases it couldn't settle to court.  4.4.2.  Community  involvement  Community members were involved through their applications or informative public meetings, but they never get a chance to voice their opinions. Land-related problems were still being brought to the chief, who on his discretion could refer them to VLAC.  / 141 4.4.3.  Relationship  with  other  committees  The interviewed community members said that they were aware of other committees and according to them, there was no difference between them and the VLAC. Some even suggested that they could be merged together.  4.4.4.  Future  functions  In response to the question of VLAC's future functions, the VLAC should be actively involved in soil conservation projects.  4.5.  MATHEBE  C O M M U N I T Y - MAFETENG  respondents  said that  DISTRICT  All respondents in Mathebe knew about VLAC which they said had been in existence since 1980. Their responses towards its role were fairly uniform, allocation of residential and agricultural land. A few said they were confused about the roles of VLAC and those of traditional leaders.  The villagers initial response towards VLAC was very positive favor of it but were not satisfied with its performance.  4.5.1.  Significant  changes  brought  by  and they  are still in  VLAC  VLAC has not changed anything but instead it seems to be perpertuating the traditional way of doing things. A few mentioned that VLAC had brought about fair allocation of land.  4.5.2.  VLAC  power/authority  Respondents said that VLAC it.  has power to enforce  its decisions  but they never do  / 142 4.5.3.  Community  participation  Community involvement in VLAC's activities is minimal in Mathebe. Most respondents pointed out that VLAC acted on its own and never consulted them. Some pointed out that even the few public meetings that they call offer very little opportunity for the community's input.  4.5.4.  Relationship  to  other  committees  There were other committees in the differentiate between them and VLAC.  4.5.5.  Future  community,  however,  villagers  could  not  functions  Respondents mentioned that since their VLAC was very confused and accepted bribes, it should be replaced, and the next VLAC should be trained on soil conservation matters so that they could pass that advise to them.  4.6.  M O H L A N A P E N G C O M M U N I T Y - THABATSEKA  DISTRICT  Almost all respondents in Mohlanapeng- were familiar with the VLAC although many did not know the difference between VLAC and other committees in the community. However, they seemed satisfied with the idea of committees as opposed to chieftainship. Nevertheless, they contradicted this when they mentioned that they preferred to approach the chief with their land related problems and not VLAC.  4.6.7.  Significant  changes  brought  by  VLAC  VLAC in Mohlanapeng has not made any impact on land management. Most respondents are very disappointed. A few that recognized some improvements on land management gave vague examples which reflected confusion, i.e. road improvement, public toilets, piped water etc. All of the above examples are services provided by the Village Development Committees through the government and have nothing to do with VLAC.  / 143 4.6.2.  VLAC  power/authority  Even though theoretically VLAC is supposed to have the authority to enforce decisions, the interviewed community members pointed out that they never do it.  4.6.3.  Public  involvement  Respondents said that they were involved in VLAC's activities through public meetings where they information on VLAC's plans for rotational grazing is passed. However, the attendance is very low, they mentioned.  4.6.4.  Future  functions  The community members felt that VLAC should be involved in provision of services, and that they should be adequately briefed about their job.  basic  


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