WIith a rise in land disputes across the country, the Lesotho Times reporter Mathatisi Sebusi sat down with Land Administration Authority (LAA) Director of Corporate Services, Tankiso Sephoso, to understand the role of the LAA in land ownership and the processes involved in acquiring and purchasing land.
A recent high-profile feud involved two people holding leases to the same piece of land in Koalabata. The matter, which attracted widespread attention, ended with the demolition of a house after the Appeal Court ruled in favour of the individual whose lease had been issued first.
Another concern being raised is the sale of agricultural land by unregistered estate agents, which is then converted for purposes other than farming, mainly housing. This has all prompted questions about the LAA's role in land administration. Mr Sephoso unpacks it.
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What is the mandate of the LAA, and what are its responsibilities regarding land ownership and lease issuance?
The LAA was established as part of a reform in the land sector during the Millennium Challenge Compact I, a partnership between the governments of Lesotho and the United States aimed at stimulating economic activity. It was recognized that Lesotho was underutilizing its land as an asset for development.
Before the LAA, the Land Survey and Physical Planning (LSPP) department struggled with inefficiencies, corruption, and a lack of transparency in issuing leases. It could take over a year to obtain a lease, which made it difficult for individuals to use land as collateral or sublease it.
Our primary goal is to issue leases efficiently. Within two years of LAA's establishment, we reduced the waiting time for leases from 365 days to 30 days. Today, it takes between 15 and 20 days to issue a lease. We also register all land transactions, including subleasing and subdivision, and advise the government on land policies. Additionally, we mediate land disputes, particularly those involving leases.
What is the process of applying for a lease?
According to the Land Act, land must be allocated by the local council, and the land must have been surveyed and planned beforehand. Councils are responsible for maintaining records of available and allocated sites within their jurisdiction.
Once a council allocates land, it issues an allocation title or minutes. With this title, an identity document, and an S10 form, the individual can apply for a lease. LAA provides a list of registered land surveyors to assist with the land survey. After the survey is completed, LAA inspects the site to ensure the boundaries are correct and comply with regulations. Once approved, the S10 form is issued, and the lease is granted within 15 to 20 days.
How does the LAA handle situations where agricultural land is sold for residential purposes? Do you issue leases in such cases?
If the land in question does not have a lease, the council has the authority to regulate its use. Councils should have physical planners who ensure compliance with land use regulations and prevent agricultural land from being converted for other purposes.
If an individual applies for a lease and submits all the required documents, the LAA will issue a lease. However, it is the council's responsibility to ensure compliance with land use laws before approving land allocation.
How is it possible for more than one person to hold a lease for the same piece of land, as happened in the recent Koalabata case?
One of the reasons LAA was established was to prevent such issues by ensuring our systems detect errors, such as encroachments or overlapping surveys. Some cases predate the formation of LAA and require further review.
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Currently, it is impossible for more than one person to hold a lease for the same piece of land. However, technical errors can occur, such as issuing the same lease number for different plots. These errors are easily detected and corrected.
Is the LAA operating at full capacity? If not, what are the challenges?
As a parastatal with operational autonomy, we develop three-year strategic plans and annual business and operational plans. These help us prioritize and measure our performance. While we are generally doing well, there is room for improvement, especially in financial management.
What are some of the challenges facing the land sector?
There are too many actors in the land sector, some of whom are unregulated. Various institutions, such as Lesotho Housing, LNDC, LAA, councils, and the Commissioner of Lands, all have regulations, but better coordination between them could enhance efficiency in the sector.
