oa Comparative and International Law Journal of Southern Africa - Post-independence land legislation and the process of land tenure reform in Botswana

Volume 26, Issue 3
  • ISSN : 0010-4051



This article has attempted to show that since independence the government has retained both the common law and the customary law tenures. The extent to which the two will be accommodated will depend on many factors - the social and economic development of the nation; the industrial and commercial base; and the expansion of the agricultural base, particularly the cattle industry. At this stage it is too early to forecast whether the present policy will be maintained. However, it might not be far-fetched to predict a possible upper hand being gained by the common law system of land tenure; especially with the townships expanding and increasing in number. But even there, with the tribal areas occupying about seventy per cent of the land surface, this possibility might not be expected very soon.

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