Ownership, Rights And Access To Minerals In Namibia: A Contemporary Legal Perspective

Abstract

Namibia has a rich mineral heritage, but the larger proportion of these minerals is mined by foreign owned companies. The majority of the Namibian people do not have access to these mineral resources. Thus, the distribution of natural resources in Namibia has been blamed for the high inequality within the Namibian society as foreign investors arguably benefit more from the mining proceeds than locals. Therefore, the unequal distribution and ownership of natural resources can equally impact on the distribution of other forms of wealth in the Namibian society. In a bid to reverse the current status quo, the contemporary legal perspective to the right of ownership, access and distribution of mineral resources in Namibia was developed to support equitable distribution of mineral resources. However, it is evident that, many factors still need to be considered in order to achieve the objective of equitable access, ownership and distribution of mineral resources in Namibia. Thus, emphasizing the need to look at the current challenges Namibia is facing and how to overcome them in the quest for equitable distribution of natural resources.

The lack of access, ownership and distribution of mineral resources is not only the result of inadequate technical skills, technology and capacity but also fear of economic downgrades, corruption and absence of a supporting legal framework. As a way of addressing this problem, some countries such as Zimbabwe has learned from South Africa to implement measures to control business fronting, increased their focus on corporate social responsibility and invested in infrastructure development and technology transfer. This study therefore suggests that Namibia allow citizens to take ownership of the country’s mineral resources by advocating more on creating and expanding local skills and expertise, which may positively contribute to local economic growth. Local empowerment as the engine of growth will also minimize inequality and foreign domination of Namibia’s mineral wealth.