In the year 2011, local researcher Willem Odendaal brought to light concerns around the illegal fencing of communal lands as well as widespread allegations about the elite grabbing land, without following the necessary procedures. The issue of illegal fencing is a historical one, which has been allowed to continue unabated. 

Thousands of acres of land countrywide have been illegally acquired, leaving hapless communities with threatened livelihoods and with no access to communal land. Section 18 of the Communal Land Reform Act (Act 5 of 2002), enacted in 2003, takes a strong position against the erection of fences on communal land, which according to statistics is prevalent in Omusati, Ohangwena, Oshikoto, Omaheke and Otjozondjupa regions. 

Time and time again, wealthy politicians and traditional leaders have been accused of fencing off massive tracts of land, at times measuring over 3 000 hectares, in communal areas. Traditional authorities who are de facto custodians of communal land are seemingly finding it difficult to control this form of abuse and as former land minister Pendukeni Iivula-Ithana suggested way back in 1996, “the power of traditional leaders has diminished over time and people do no longer seek their guidance”.  

It is almost a foregone conclusion that some of our traditional leaders have simply lost control over the administration of communal land. Another reality on the ground is that culprits have been let off lightly, with no serious punishment that would deter them from committing a similar offence in future. 

“Government must immediately take action against illegal fencers by formulating and publishing a policy on the issue and by using the most serious cases as test cases for adjudication. This would slow down infringement on the side of the fencers and it would have a preventative effect against future enclosures,” was the suggestion by Odendaal. 

It is not surprising that the Commission of Inquiry into Claims of Ancestral Land Rights and Restitution has made a similar recommendation this time around, including pleading with government to remove illegal fences in communal areas as they have negative impacts on the livelihood of inhabitants. 

In the words of Judge Shafimana Ueitele who chaired the commission, there is a sense of desperation and hopelessness, as people affected by illegal fencing in communal areas seem not to have any recourse in seeking remedy from either the land reform ministry or communal land boards or traditional authorities regarding their situation. This is really unfortunate. 
In fact, the reality on the ground feeds perceptions that government was not doing anything about the issue, considering a number of well-connected individuals have been fingered in acts of illegal fencing. 

It is a shame that during 2018, only 11 illegal fences were removed by the authorities despite hundreds of complaints reported to the authorities. 

It should be said illegal fencing deprives subsistence farmers access to resources such as water. 
As much as government must now come up with laws prohibiting illegal fencing, the onus is also on traditional authorities to play an active role, including serving the interest of the communities, without fear or favour.