Disclaimer

This version of Act No. 8 of 2010 is extracted from the official published version that appeared in the Lesotho
Government Gazette Extraordinary Vol. LV No. 42 of 14 June 2010. It is not in the form in which it was
originally enacted, which means that it may not include subsequent amendments or be legally authoritative.
ACT NO. 8 OF 2010
Land Act 2010
Arrangement of Sections
Section
PART 1
PRELIMINARY
1. Short title and commencement
2. Interpretation
3. Application
PART II
VESTING OF LAND
4. All Land vested in the Basotho Nation
5. Overriding interests
6. Persons who may hold title to land
7. Power to grant titles vested in the King
8. Applications for allocation of land
9. Sectional title
10. Presumption of joint title in marriages
PART III
ADMINISTRATION
11. Commissioner of Lands
12. Functions of the Commissioner
PART IV
ALLOCATIONS IN RURAL AREAS
13. Application of this Part
14. Allocating Authority
15. Procedure for allocation in rural areas
16. Leases for residential allocations
17. Leases for commercial and industrial purposes
18. Leases for agricultural purposes
19. Continuation of existing allocations
20. Compliance with prescribed use
21. Revocation of allocation
22. Review against revocation
23. Allocating authority to issue certificate
PART V
GRANT OF TITLE IN URBAN AREAS
24. Application of this Part
25. Allocating Authority
26. Available land to be publicised
27. Notice by the Commissioner
28. Adverse claims on land
29. Allocating authority to issue certificate relating to grant of title
30. Application for a lease
PART VI
LEASE RIGHTS AND TRANSFERS
31. Application of this Part
32. Duration of leases
33. Conditions of a lease
34. Application for servitudes
35. Rights of a lessee
36. Consents
37. Termination of lease for breach of condition
38. Rights of lessee upon expiry of lease
39. Rights of lessee upon surrender of lease
40. Surrender of lease not to extinguish obligation for payments
41. Derivative rights to revert to State upon surrender of lease
42. Change of use
43. Abandonment of land
PART VII
LANDHOLDING CEILINGS
44. Limitations on size of landholding
PART VIII
GOVERNMENT ACQUISITIONS
45. Allocations to Government
46. Temporary occupation of land by Government
47. Acquisition of leases by Government
PART IX
ACQUISITION AND EXPROPRIATION OF LAND FOR PUBLIC PURPOSE
48. Declaration of land public purpose and public interest
49. Expropriation of land for public purposes
50. Public purpose or public use
51. Expropriation and acquisition of land in the public interest
52. Principles behind expropriation
53. Public servitudes
54. Compensation for public servitudes
55. Excess expropriated land to revert to State
PART X
COMPENSATION
56. Deprivations of land to be compensated for
57. Obligation for compensation
58. Period for claiming compensation
59. Conflicting claims
60. Compensation must precede expropriation
PART XI
REGULARISATION AND ADJUDICATION
61. Scheme of regularisation
62. Declaration of regularisation area
63. Implementation of a scheme of regularisation
64. Findings of regularisation to supersede previous records
65. Adjudication to precede registration
66. Systematic adjudication
67. Registration period
68. Presumption of sporadic adjudication
69. Systematic adjudication to prevail over sporadic adjudication
70. Tenants may be compensated during regularisation
71. Land acquisition and redistribution in compliance with planning laws
72. Appeal against regularisation
 PART XII
CONFLICT RESOLUTIONS
73. Establishment of land courts
74. The Land Court
75. District Land Courts
76. Rules
PART XIII
LAND REVENUE
77. Ground rent
78. Development charges
79. Allocation premiums
PART XIV
CEMETERIES
80. Cemeteries
PART XV
MISCELLANEOUS
81. Offences
82. Powers of the court
83. Additional Offences
84. Corrupt transactions
85. Void transactions and titles
86. Common law remedies not affected
87. Savings and transitional provisions with respect to transactions
88. Savings and transitional provisions with respect to rules, orders, etc.
89. Transitional provisions with respect to judicial proceedings
90. Authority derives from the Minister
91. Appeals
92. Regulations
93. Repeal
 ACT NO.8 OF 2010
Land Act 2010
An Act to repeal and replace the law relating to land, provide for the grant of titles to land,
the conversion of titles to land, the better securing of titles to land, the administration of land,
the expropriation of land for public purposes, the grant of servitudes, the creation of land
courts and the settlement of disputes relating to land; systematic regularisation and
adjudication; and for connected purposes.
Enacted by the Parliament of Lesotho.
PART 1
PRELIMINARY
Short title and commencement
1. (1) This Act may be cited as the Land Act 2009 and shall come into operation in respect of
all or any provision on the date or dates as the Minister may, by notice published in the
Gazette, appoint.
(2) Different commencement dates may be appointed in respect of all or any of its provisions
as the Minister may, by notice published in the Gazette, appoint.
Interpretation
2. In this Act, unless the context otherwise requires –
“adjudication” means the process which establishes, recognises and confirms with certainty
with respect to any particular parcel or plot of land, what rights and interests exist, by whom
they are exercised and to what limitations, if any, they are subject;
“agency” for purposes of expropriation of land for a public purpose or servitudes means a
Government Ministry or department or an agent named in the notice of declaration to hold
the land or benefit from the servitude for a public purpose;
“agricultural land” means land used exclusively or mainly for agriculture, whether as arable,
pasture, grazing, orchard or seed growing, or for fish farming, forestry (including
forestations), or for the breeding or keeping of livestock, including any creature kept for the
production of food, wool, silk, skins or fur;
“allocating authority” means a local authority or other agency empowered to make
allocations under this Act;
“allocation” means the granting of a right to occupy and use land;
“allottee” means a person other than the holder of a lease to whom an allocation of land is
made under this Act;
“alternative dispute resolution” includes arbitration, conciliation, mediation, settlement out of
court and negotiation whether done in accordance with the rules and principles of the
customary law or in accordance with the rules and principles of the common law or in
accordance with statutory procedures or by private agreement between the parties;
“approved development plan” means a general land use plan approved in accordance with the
Town and Country Planning Act 19801;
“Commissioner” means the Commissioner for Lands;
“consent” means the certification or authorisation by the Commissioner to the applicant to
deal in or to engage in a transaction on land under sections 35 which is meant for the
preservation of the integrity of the land tenure system in Lesotho;
“corrupt practice” means the offering, giving, receiving, or soliciting of, directly or indirectly,
anything of value to influence improperly the actions of another party in rendering of land
services;
“Deeds Registry” has the meaning ascribed to it by the Deeds Registry Act 1967;
“demarcation” means the delineation by means of a land survey of boundaries of a plot of
land;
“demarcation map” means a provisional cadastral map prepared in respect of an adjudication
section pending finality;
“District Land Court” means the District Land Court established under section 75;
“fraudulent practice” means any act or omission, including misrepresentation, that knowingly
or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation;
“foreign enterprise” means:
(a) partnership in which any partner is a non-citizen; or
(b) a body corporate which any of the directors or shareholders is a non-citizen;
“land” includes land covered with water, all things natural or man-made growing on land, and
buildings or other structures permanently affixed or attached to land;
“Land Court” means the Land Court established under section 74;
“lease” means a right granted or issued under this Act and the instrument evidencing the
same;
“Local Council” carries the same meaning as Local Authority in the Local Government Act
1997;
“Minister” means the Minister responsible for land;
“notice” when used as a noun, and unless the context otherwise requires, means a written
notice;
“overriding interest” means all the encumbrances, in interests, rights and powers capable of
overriding first registration or subsequent registration or an allocation, without itself being
registered;
“person” includes any company or association or body of persons, corporate or incorporate;
“pipeline” includes water and sewerage pipelines;
“private servitude” means a servitude created by agreement between private parties with the
consent of the Commissioner;
“prescribed” means prescribed by this Act or regulations made pursuant to this Act;
“proper authority” means any public body or officer or any official or any other person
empowered under any law to discharge land duties, whether as a short term or long term
assignment;
“public interest” means the circumstances listed in section 51;
“public purpose” means the circumstances listed in section 50;
“public servitude” means a servitude granted by the Minister under section 53;
“registable title” means title to land which has been allocated:
(a) for commercial or industrial purposes;
(b) for purpose of an ecclesiastical, benevolent, charitable, or educational institution of
a public character;
(c) for purpose of a hospital, clinic or dispensary;
(d) for such other purposes as the Minister may, by notice published in the Gazette,
declare;
(e) for residential and agricultural purposes in residential areas;
(f) a title deed registered under the Deeds Registry Act 1967;
“Registrar” means the Registrar of Deeds;
“registration” and all derivatives of that word means registration in the Deeds Registry;
“regulations” means regulations made under this Act;
“regularisation” means-
(a) the process of surveying, planning, adjudicating and registering the boundaries and
rights associated with a parcel of land informally occupied; or
(b) the readjustment of boundaries for the purpose of town planning;
“rural area” means an area which is not an urban area;
“sectional title” has the meaning ascribed to it under section 9;
“servitude” means a right attached to a parcel of land which is the subject of a lease either to
use other land in a particular manner or to restrict its use to a particular extent;
“sporadic adjudication” means the adjudication of a specific parcel of land undertaken in
isolation from any contiguous or surrounding parcels of land;
“surveyed land” means land the boundaries, area and situation of which have been surveyed
to the standard required for a lease of such land to be registered;
“systematic adjudication” means the ascertainment of rights and interests of a defined area of
land that consists of more than one parcel of land in which the boundaries and extent of each
parcel of land within the area is demarcated and surveyed and the rights and interests therein
recorded;
“unsurveyed land” means land which has not been surveyed;
“urban area” means an area defined and declared by the Minister under section 3 of the Local
Government Act 1997 to be an area under the jurisdiction of either an Urban Council or a
Municipal Council.
Application
3. On and after the commencement of this Act, notwithstanding any other written law to the
contrary, except the Constitution of Lesotho 1993, this Act shall apply to all land in Lesotho.
PART II
VESTING OF LAND
All land vested in the Basotho Nation
4. (1) Land in Lesotho is vested in the Basotho Nation and is held in trust by the King.
(2) A person shall not hold any title to land except as provided for under this Act.
(3) Where the customary law is inconsistent with this Act, this Act shall prevail.
Overriding interests
5. (1) A lease or allocation shall be subject to such of the following overriding interests as
may, for the time being, subsist and affect the lease, notwithstanding that the overriding
interests have not been recorded in the Deeds Register or record of allocation:
(a) water rights;
(b) any rights to mines, minerals, coal, mineral oil, or gas;
(c) any flora or fauna naturally occurring or present on the land;
(d) any paleontological or archaeological remains;
(e) rights of compulsory acquisition, sale, resumption, entry, search and user
conferred by any other written law;
(f) subleases or rental agreements;
 (g) the rights of a person in actual occupation of land or in receipt of the rents
and profits thereof where enquiry is made of such person and the rights
are not disclosed;
(h) any unpaid rates and other moneys which, without reference to registration
under this Act, are expressly declared by any written law to be a charge
upon land;
(i) rights acquired or in process of being acquired by virtue of any written law
relating to the limitation of actions; and
(j) electricity supply lines, telephone and telegraph lines, poles, pipelines,
aqueducts, canals, weirs and dams erected, constructed or laid in
pursuance or by virtue of any power conferred by any written law.
(2) An overriding interest referred to under subsection (1) shall bind the title-holder
whether or not the title-holder is aware of it.
Persons who may hold title to land
6. (1) The persons who may hold title to land are –
(a) the Government of Lesotho;
(b) a citizen of Lesotho who is not less than 18 years of age except –
(i) where the person is married;
(ii) where title is a result of a gift; and
(iii) where title is a result of inheritance;
(c) a foreign enterprise for investment purposes, provided Basotho, whose land
may be valued so that it may form part of the shareholding in such a
partnership, form at least 20% of the membership or shareholding of
the enterprise;
(d) a company duly incorporated or registered under the laws of Lesotho, of
which shareholders are Basotho and carrying on business in Lesotho;
(e) a partnership carrying on business in Lesotho of which shareholders are
Basotho;
(f) a cooperative society, friendly society and a society or body of persons
registered under the laws of Lesotho;
(g) an association established under the laws of Lesotho; and
(h) Commonwealth or foreign governments or public international
organizations for which Lesotho enjoys similar reciprocity for
purposes relevant to their activities.
 (2) In the case of an unmarried person less than the age of 18 years, a duly authorised
trustee or guardian shall hold the title for the period that the person is less than 18 years of
age.
(3) Sub-section (1) shall not be construed as prohibiting any person disqualified under
it from holding any right subsidiary to a lease, including a sub-lease or mortgage, subject to
the consent of the Commissioner being obtained where so required under this Act.
(4) In considering a grant or allocation of land to a foreign enterprise under sub-
section (1)(c) the following factors should be considered -
(a) the magnitude and origin of the tangible and intangible assets;
(b) employment generation;
(c) strategic nature of the enterprise;
(d) whether the business in relation to the application provides for the transfer
of business expertise;
(e) advancement of business undertaking owned by citizens; and
(f) environment protection.
Power to grant titles vested in the King
7. The power to allocate land, to grant titles to land, to grant or allocate servitudes, to revoke
or derogate from a grant, to terminate a lease or a servitude is vested in the King and shall be
exercised as provided for under this Act.
Applications for allocation of land
8. Application for allocation of land shall be made in the prescribed form to the allocating
authority having jurisdiction.
Sectional title
9. (1) There shall be title rights to be known as sectional titles.
(2) A sectional title shall be enjoyed in a unit within a complex or building without
necessarily exclusively holding the title to land on which the complex or building is attached.
(3) An existing leaseholder may create sectional titles in accordance with the regulations.
(4) The Registrar may register leases and derivative rights in respect of sections of buildings,
whether or not the section or common area is attached to land.
(5) All cadastral and registration documents in relation to sectional titles shall take into
account the distinction between rights attributable to individual units and rights attributable to
common areas of the building which is the subject of registration of sectional titles and shall -
(a) divide the building into sections and common area; and
 (b) provide for separate ownership in the sections, coupled with joint
ownership in the common area.
(6) Upon registration, rights to individual sections may be freely transferred in whole or in
part.
Presumption of joint title in marriages
10. (1) Where persons are married in community of property, either under civil, customary, or
any other law and irrespective of the date on which the marriage was entered in to, any title to
immovable property allocated to or acquired by anyone of them shall be deemed to be
allocated to or acquired by both partners, and any title to such property shall be held jointly
by both.
(2) Subsection (1) shall apply in the same manner in the case of polygamous marriages as if
each household was a monogamous marriage.
(3) Transactions in relation to land shall be conducted by both spouses in monogamous
marriages in community of property jointly or with the consent of another spouse, and where
any document requires a signature the document shall be signed by both spouses unless they
agree in writing that one spouse shall represent and sign on behalf of the other.
(4) Subsection (3) shall apply in the same manner in polygamous marriages and each of the
multiple wives shall be responsible for land matters relating to her household.
(5) Where any of the spouses is for any reason unable to sign or give consent or unreasonably
withholds a signature or consent where such is required under this Act, the other spouse may
apply to a District Land Court for leave to perform the act without the required consent or to
sign alone.
PART III
ADMINISTRATION
Commissioner of Lands
11. The office of Commissioner of lands established in the public service shall continue in
existence.
Functions of the Commissioner
12. (1) The functions of the Commissioner shall be:
(a) to administer land and shall include the following tasks -
(i) establishment and maintenance of an accurate and complete
database containing information on landholding in Lesotho;
(ii) granting consents for land transactions whenever necessary;
(iii) issuing leases to land;
 (iv) maintaining a record of all land registrations in the land cadastre;
and
(b) to administer the land cadastre system, which includes the following tasks -
(i) retaining accurate information and maps on the land cadastre
system;
(ii) registering land onto the cadastre on request from the title holder;
(iii) updating the cadastre with details of any consolidations, sub-
divisions or other changes in legal boundaries; and
(iv) providing maps and other information regarding the cadastre upon
request;
(c) to resolve registration and cadastre complaints and disputes with regard to
land parcel boundaries;
(d) to disseminate land information to the public;
(e) to advise allocating authorities in the performance of their duties under
Parts IV and V of this Act;
(f) to levy and collect fees for services performed, and to issue bills with
regard to the levying and payment of fees;
(g) to retain copies of all records relating to land;
(h) to deal in interests in land on behalf of the State and to execute all
documents relating to such dealings subject to directions from the
Minister;
(i) to prepare or execute or cause to be prepared and executed –
(i) all leases and other land documents to be registered by the
Registrar;
(ii) deeds of transmission where a sub-lessee or mortgagee succeeds to
a lease in accordance with section 37;
(iii) annexures or deeds of variation of leases;
(iv) public servitudes; and
(v) all documents and notices for publication in the Gazette by the
Minister,
and retain in his custody copies of the documents listed in paragraphs (i) to (v) and of
servitudes executed by him under section 34(4);
(j) to keep records of land held by Government within and outside Lesotho;
and
 (k) to perform any other functions as the Minister may determine.
(2) Upon execution of any document referred to in this Act, the Commissioner shall collect
from the grantee or transferee all duties which may be payable under the Stamp Duties Order
19725 or the Transfer Duty Act 19666 in the case of a deed of transmission and any
registration fees.
PART IV
ALLOCATION IN RURAL AREAS
Application of Part IV
13. (1) This Part applies to allocation of land in rural areas.
(2) Allocation under this Part shall be in accordance with an approved development plan.
(3) The Minister may, by notice published in the Gazette, define the boundaries of a rural
area.
Allocating authority
14. (1) Subject to subsections (2) and (3), the power to allocate and to revoke allocations to
land shall be exercised by the local authority having jurisdiction in the area in consultation
with the chief having jurisdiction in the area.
(2) Where in pursuance of the regulations the Minister has given directions to a local
authority, the local authority shall act in accordance with those directions.
(3) The allocation authority shall not exercise its powers of granting title to land for
commercial and industrial purposes unless it shall have first referred the application to the
relevant District Council which shall for these purposes include a representative from the
Ministry of Trade and Industry, a representative from the Department of Lands, Surveys and
Physical Planning and a representative of the business community in the area.
(5) An allocation that is not made in accordance with this section has no effect.
Procedure for allocation in rural areas
15. (1) An allocation made under this Part, if made in respect of land which is used for
agricultural and residential purposes and subject to the conditions laid down in the certificate
of allocation and to the power of revocation, shall entitle the allottee to the use or to use and
occupy or to allow another person to use the land for the purpose stated in the certificate of
allocation for a period which -
(a) in the case of a body corporate or unincorporated may be a limited or
indefinite period;
(b) in the case of an individual, may be a limited period or his lifetime but
shall not endure beyond his lifetime.
(2) Subject to subsection (3), an allocation made under this part, which is not the subject of a
registrable title shall be transferable even where a lease has not be obtained.
(3) Notwithstanding subsection (2), where an allottee of land dies, the interest of that
allottee –
(a) shall in the case of spouses married in community of property and where
there is no surviving spouse pass to the person designated by the
deceased;
(b) where paragraph (a) does not apply the interests of the deceased allottee
shall pass to a person nominated as the heir of the deceased allottee by
the surviving members of the deceased allottee’s family; or
(c) in any other case the land shall revert back to the Basotho Nation, and the
relevant allocating authority shall record in the register the passing of
that allocation.
(4) In the case of spouses married in community of property and where there is a
surviving spouse, upon re-marriage of such spouse, the land shall not form part of any
community of property of any subsequent marriage and upon the death of the surviving
spouse, subsection (3) shall apply.
(5) Notwithstanding subsection (3), a minor child of a deceased allottee shall be
entitled to remain in occupation of the land allocated to the deceased allottee under the
assistance of a trustee or guardian until the minor attains majority age.
(6) Where the heir under subsection (3)(a) or (b) is a minor, a trustee or guardian shall
be appointed in accordance with prevailing inheritance laws to represent the interests of the
minor.
Leases for residential allocations
16. An allottee of residential land in a rural area may apply to the Commissioner for a lease in
respect of that land.
Leases for commercial and industrial purposes
17. Where a grant of title under this Part relates to land which is the subject of a registrable
title, section 29 shall apply.
Leases for agricultural purposes
18. (1) An allottee of land used for agricultural purposes may apply to the Commissioner for
the issue of a lease in respect of that land.
(2) The Commissioner shall not issue a lease on the application of an allottee unless the
allottee’s land satisfies the conditions which the Minister may by notice in the Gazette
determines in respect of the use to which the land is put and the level of development which
the land attained or is intended to attain.
(3) An allottee aggrieved by the decision of the Commissioner under this section may appeal
within 3 months of the date of the decision to the District Land Court.
Continuation of existing allocations
19. Allocations of rural land made prior to the commencement of this Act shall be deemed to
have been made under this Act.
Compliance with prescribed use
20. (1) The Commissioner shall not issue a lease on the application of an allottee unless the
allottee’s land is used in accordance with an approved development plan.
(2) An allottee aggrieved by the decision of the Commissioner under this section may seek
review within 3 months of the date of the decision to the District Land Court.
(3) This section shall not apply in cases where leases are issued under an approved and
gazetted land regularisation scheme.
Revocation of allocation
21. (1) An allocation may be revoked by the local authority having jurisdiction for the area at
any point prior to grant of a lease for breach of terms and conditions of allocation .
(2) Before exercising its power under subsection (1), the allocating authority shall give at
least 3 months’ notice to the person affected to remedy the breach.
(3) The notice referred to under subsection (2) shall set out clearly the nature of the breach
and the consequences of failure to remedy the breach.
Review against revocation
22. A person aggrieved by a decision of an allocating authority in exercising its powers under
section 21 may seek review of the decision in the District Land Court.
Allocating authority to issue certificate
23. (1) An allocating authority, when exercising its powers of allocation, shall issue or cause
to be issued to the allottee a certificate of allocation in the prescribed form.
(2) An allocating authority shall keep or cause to be kept a record of all allocations made by it
and shall endorse thereon any cancellation, any revocation or any derogation resulting from
the grant by the Minister of a public servitude.
PART V
GRANT OF TITLE IN URBAN AREAS
Application of this Part
24. (1) This Part applies to a grant of title in an urban area.
(2) Allocations of urban land made prior to the commencement of this Act shall be deemed to
have been made under this Act.
(3) Grant of title under this Part shall be in accordance with an approved development
plan.
(3) The Minister shall, by notice published in the Gazette, define the boundaries of each of
the urban areas.
Allocating authority
25. (1) The power to grant title under this Part shall be exercised by an allocating authority
having jurisdiction in an urban area in consultation with the chief having jurisdiction in the
area.
(2) The allocating authority shall include a representative from the Ministry of Trade and
Industry and from the business community when exercising its powers in respect of
commercial and industrial grants.
(3) A meeting of an allocating authority concerning any application relating to land
within its jurisdiction shall be convened as soon as practicable after the specified date for the
lodging of applications referred to in the advertisement notice issued under section 26.
Available land to be advertised
26. (1) Where land is available for grant of title, the Minister shall, by notice in the Gazette,
publicise the fact.
(2) The notice referred to in subsection (1) shall -
(a) state that the land is available for lease;
(b) contain a sufficient description of the land to enable its identification;
(c) give particulars of the permitted land use, the ground rent or fee payable,
where appropriate, and of the amount to be paid for the improvements, if
any, made to the land; and
(d) invite members of the public to lodge applications with the allocating
authority by a specific date.
Notice by the Commissioner
27. In addition to the notice by the Minister under section 26, where land is available for
grant of title the Commissioner shall by notice with the particulars appearing in section 26(2)
publicise the fact in at least one newspaper circulating in the country and in the offices of the
allocating authorities having jurisdiction and invite applications for grant of title.
Adverse claims on land
28. (1) A person claiming title to land affected by a notice issued under section 26(1) or 27
may, within one month from the date of publication of the notice, lodge a claim to such land
before a District Land Court.
(2) The Clerk of the District Land Court shall notify the Commissioner forthwith of any
claim lodged under sub section (1).
(3) Until determination of the claim by the District Land Court or the Land Court on appeal
or review from the District Land Court, applications in respect of the land subject to the claim
shall remain in abeyance.
Allocating authority to issue certificate relating to grant of title
29. (1) Whenever a decision to grant title under this Part has been taken, the allocating
authority shall issue a certificate of grant of title in triplicate.
(2) The allocating authority shall, within 14 days of the grant of title, forward to the
Commissioner the certificate referred to under subsection (1) and the Commissioner shall,
within 3 months of the receipt of the certificate, cause a lease document to be prepared for
execution.
(3) An allocating authority shall publish or cause to be published a notice of all
allocations made, and such notice shall contain a description of the land in respect of which
the grants of title were made.
(4) An allocating authority shall keep or cause to be kept a register of all allocations
made by it and shall endorse any revocation or termination of a lease, as the case may be, and
any derogation resulting from the grant by the Minister of a public servitude.
Application for a lease
30. (1) Whenever a person holding land other than land held under a lease upon
commencement of this Act is desirous of registering it or creating or granting any interest in
the land held by him, he shall lodge an application for a lease with the Commissioner for
issue of a lease in the manner prescribed in the regulations.
(2) Whenever a person to whom sub-section (1) applies lodges an application for a lease, that
person shall produce the following:
(a) evidence that he is qualified to hold land under section 6;
(b) a description of the boundaries of the land in question (by reference to a
plan or otherwise); and
(c) any one of the following documents –
(i) a registered certificate of title issued by the Registrar of Deeds under the Deeds Registry
Act 1967;
(ii) a registered deed of transfer or a certified copy thereof if the registered copy is lost;
(iii) an affidavit by the chief or other proper authority that the applicant lawfully uses or
occupies the land;
(iv) an affidavit by three persons resident for over 30 years in locality in which the land is
situated to the effect that it is their personal knowledge that the
applicant and his predecessors have been occupying and using
the land for a period of at least 30 years;
(v) a certificate of verification of title issued by the Commissioner or an allocating authority
in the prescribed form;
(vi) any other official document evidencing that the applicant is in lawful occupation of the
land.
PART VI
LEASE RIGHTS AND TRANSACTIONS
Application of this Part
31. Save as otherwise provided, this Part applies to all leases and land transactions emanating
from leases.
Duration of leases
32. (1) A lease shall not be granted for a term exceeding –
(a) 90 years, where the lease is for –
(i) residential purposes;
(ii) agricultural purposes;
(iii) purposes of exercising a profession or calling; or
(iv) any devotional, religious, benevolent, educational, recreational,
charitable and medical purposes;
(b) 60 years, where the lease is for –
(i) heavy industrial purposes;
(ii) commercial or light industrial purposes, other than the sale of
petroleum by retail; or
(iii) hotel purposes;
(c) 30 years, where the lease is for –
(i) purposes of sales of petroleum or oil; or
(ii) purposes of wholesale storage of petroleum or oil.
(2) A lease shall not be granted for a term of less than 10 years.
(3) On application by a lessee made not later than 6 months before expiry of the term of the
lease, the lessee shall be entitled to the grant of a new lease on terms set by the Minister on
condition that the land or part thereof is not required for any public purpose.
Conditions of a lease
33. (1) A lease shall be subject to such terms and conditions as may be prescribed in the
regulations.
(2) Where a lessee is a Commonwealth or foreign government or an international
organisation, and a statutory condition is inconsistent or incompatible with any agreement
with such government or organization, that condition shall not apply.
Application for servitudes
34. (1) Where a person wishes to enjoy the benefit of a servitude -
(a) over land which is not the subject of a lease; or
(b) over land subject to a lease;
such person shall, in both cases, apply to the Commissioner for the creation of a servitude.
(2) Where the Commissioner allows a creation of a public servitude, the Commissioner may
attach such conditions to it as the Commissioner may think fit.
(3) A servitude created under this section shall attach to leased land for the duration of the
lease in whose favour the servitude is created, unless earlier terminated.
(4) Where subsection (3) applies, the instrument creating the servitude shall be prepared at
the instance of the lessee in whose favour the servitude is created but shall be executed by the
Commissioner.
(5) A creation of private servitudes between 2 or more parties shall be subject to registration
in the Deeds Registry after approval in writing by the Commissioner.
Rights of a lessee
35. (1) A lessee shall be entitled:
(a) subject to any statutory conditions or other conditions attaching to the lease
–
(i) to the exclusive possession of the land leased;
(ii) to encumber the land leased by mortgage;
(iii) to provide for inheritance of the lease in the event of death, except
that where such disposal is to a non-citizen, a lessee shall
obtain the Commissioner’s consent;
(iv) to surrender the land leased;
 (v) to donate his interest, but where a donation is to a non-citizen a
lessee shall obtain the Commissioner’s consent; and
(b) subject to obtaining the consent of the Commissioner –
(i) to dispose of his interest;
(ii) to sub-let the land leased;
(iii) to create private servitudes; or
(iv) to deal with his interest in such other manner as the law may
permit.
(2) In the event of a lessee dying intestate –
(a) where the lessee qualifies, the disposition of his interests in land shall be
governed by the written law relating to succession; or
(b) where the lessee does not qualify under paragraph (a), section 15(4) and
(5) shall apply as if he were an allottee and the Commissioner shall
request the Registrar of Deeds to endorse any registered lease or other
registered document of title accordingly.
(3) Nothing in this section shall be construed as affecting the lessor’s right to terminate due to
breach of any condition or the compulsory sale under any law or by a mortgagee of land held
under a lease.
Consents
36. (1) The Commissioner shall have power to grant consents upon payment of a prescribed
application fee and may delegate that power whenever such consent is required under this
Act.
(2) In every case where the Commissioner withholds consent the reason for such refusal to
grant consent shall be given in writing.
(3) An appeal against the Commissioner’s decision shall lie to the District Land Courts.
(4) A review against a decision of the Commissioner to withhold consent shall lie to
the District Land Court.
(5) Consent may be given in writing specifically or generally.
(6) Where consent is given –
(a) specifically, it may be given subject to terms and conditions included in the
regulations; and
(b) generally, the Minister shall, by notice published in the Gazette, publish
the terms and conditions in the regulations under which the general
consent is given.
(7) The decision of the Commissioner regarding an application for specific consent shall be
communicated to the applicant within 30 days from the date of lodging the application.
(8) Where the Commissioner has failed to comply with subsection (7), the applicant may
appeal to the Minister who shall direct the Commissioner to communicate the decision within
the time to be determined by the Minister.
Termination of lease for breach of condition
37. (1) A lease may be terminated by the Minister by giving at least one month’s notice to the
lessee where the lessee is in breach of any conditions of the lease and has failed to comply
with a notice from the Commissioner calling upon him to remedy the breach within a
reasonable specified period of time.
(2) Notice of termination of a lease shall be served by the Commissioner upon the lessee,
sub-lessee, mortgagee or occupant of a parcel who benefits from a servitude burdening the
leased land and any other individual or entity with an interest in the land.
(3) Publication of the notice in the Gazette or a national newspaper shall constitute sufficient
notice to interested persons not appearing in the Deeds Register.
(4) A mortgagee of a lease subject to termination under this section shall have the right to
demand the disposal of the lessee’s interest and, if he wishes to exercise this right, shall, upon
receipt of the notice of termination, inform the Commissioner in writing before the
termination date specified in the notice.
(5) Subject to any mortgagee exercising the right of disposal under subsection (4), a sub-
lessee, who has not condoned or been a party to the breach of conditions referred to in
subsection (1) and who is willing to acquire the lessee’s interest at the value assessed under
subsection (8) shall, before the date specified for termination of the lease apply to the
Commissioner for the transfer of the lessee’s interest to him.
(6) Where a lessee’s interest is disposed of pursuant to subsection (4) or where a sub-lessee’s
application for the transfer of a lease under subsection (5) has been approved by the
Commissioner, the purchaser or sub-lessee, as the case may be, shall, forthwith, succeed to
the lease without any conveyance, assignment or transfer save that the Commissioner shall
prepare and execute a deed evidencing the transmission of the lease to the purchaser or sub-
lessee and shall cause the same to be registered and the original lease to be endorsed as
“transmitted by operation of law” by the Registrar.
(7) Where no person succeeds to the lease under sub section (5) and (6) and the lease is
accordingly terminated, the lessee’s interest in the land shall revert to the Basotho Nation.
(8) Subject to any claim by a mortgagee, the lessee whose lease is terminated under this
section shall be entitled to the market value compensation for improvements lawfully made
by him on the land leased.
(9) Where there is a dispute regarding the value of improvements made, such dispute shall be
determined by the District Land Court having jurisdiction.
Rights of lessee upon expiry of lease
38. (1) A lessee shall, at the expiry of the term of the lease, be entitled to the first option for a
new lease over the land.
(2) Where, except at the instance of a lessee, a new lease is not issued to the lessee,
compensation shall be payable to the lessee for improvements on the land at the time of
expiry of the lease.
Rights of lessee upon surrender of lease
39. (1) A lessee may, using the prescribed form, surrender his lease in part or as a whole to
the Commissioner, subject to such conditions as the Commissioner may prescribe, and upon
such surrender he shall cease to be entitled to any rights enjoyed by virtue of the lease.
(2) A surrender of a lease which in fact or by reasonable deduction has as its purpose or effect
the fraudulent, dishonest or unjust deprivation of a derivative right shall be invalid.
Surrender of lease not to extinguish obligation for payments
40. (1) A person who surrenders a lease shall remain liable to pay all premiums, ground rent,
taxes, municipal rates, fees, interests and loans taken out on the security of the lease and any
other dues owing and due for payment at the time of the surrender of the lease.
(2) A person who surrenders a lease shall be liable for breach of conditions subject to which
the lease was issued and for breach of any rules relating to the use of that land which came
into force during the occupation of that land for which the person was responsible up to the
time of the surrender of the lease.
Derivative rights to revert to State upon surrender of lease
41. A derivative right granted out of a lease which is surrendered under this Act shall, as from
the date of the surrender, be held by the State on the same terms and conditions as it was held
by the person who has surrendered the lease.
Change of use
42. (1) Where land has been granted or allocated for a specific purpose and the lessee or
allottee wishes to convert the purpose to another which is consistent with physical or town
and country planning in relation to the area in which the land is situate, he may apply to the
Local Council having jurisdiction for a change of use, and, if granted, in respect of land held
under a lease, to the Commissioner for a variation of the lease accordingly.
(2) The Minister may agree to variation on such terms and conditions as are necessary, but no
lease so varied shall extend for a term exceeding in aggregate that appropriate to the purpose
to which it is converted.
(3) Any variation of a lease under this section shall be evidenced by a document which may
be an annexure to the original lease or a new lease as the Commissioner may deem
appropriate and shall be subject to such stamp duty as may be payable on the lease as varied
and to registration in the Deeds Registry.
Abandonment of land
43. (1) Agricultural land shall be taken to have been abandoned where –
(a) The lessee or allottee has failed to cultivate the land for at least 3
consecutive years;
(b) The lessee or allottee has abused the land through overgrazing; and
(c) The lessee or allottee has refused or is unable to combat soil erosion.
(2) Any land other than agricultural land shall be taken to have been abandoned where
–
(a) The lessee or allottee has failed to develop the land within 5 years of
allocation or granting of a lease;
(b) The lessee or allottee of developed land has vacated and neglected the land
for at least a period of 10 years and the land has fallen into a state of
dilapidation that it has become a danger to the health and safety of the
neighbours;
(c) The lessee or allottee of developed land has vacated and neglected the land
for at least a period of 10 years and neither the chief of the area or any
other person knows of his whereabouts; and
(d) The allottee has formally declared to the allocating authority his intention
to renounce his title to land.
(3) Where it appears to the Commissioner, the allocating authority or the chief of the
area that land has been abandoned, the allocating authority shall carry out an investigation
and submit a report to the Minister who shall determine whether the land qualifies as an
abandoned land in terms of subsection (1) or (2).
(4) Where the Minister has a made a determination on the basis of the report
submitted under subsection (2) or a report of any further investigations that land appears to
have been abandoned, the Minister shall publish in the Gazette and shall cause the
Commissioner or allocating authority, as the case may be, to publicise in a newspaper that
circulates in the country a notice of abandonment which shall -
(a) state the location of the land;
(b) state the boundaries of the land;
(c) set out briefly the grounds on which the Minister intends to rely in
determining that the land has been abandoned; and;
(d) set out the time, being not less than 90 days from the date of the
publication of the notice, within which a person who claims to have an
interest in the land may show cause why the land should not be
declared to be abandoned.
(5) Where, after the expiration of 90 days under subsection (3) the Minister determines that
the land has been abandoned, the Minister shall publish in the Gazette a declaration of
abandonment and revocation of title and shall send a copy of that declaration to the lessee or
allottee at his last known place of abode and last known address, to the chief of the area and
the allocating authority having jurisdiction.
(6) Where land has been declared to have been abandoned, and title has been revoked, such
land shall revert back to the Basotho Nation and shall be subject to re-allocation in terms of
this Act.
(7) Notwithstanding subsection (1)(a) a lessee or allottee may cede the rights on the land to
an agricultural scheme established by the Regulations published by the Minister responsible
for agriculture in consultation with the Minister responsible for land.
PART VII
LANDHOLDING CEILINGS
Limitations on size of landholding
44. (1) The following limitations on size of landholding shall apply –
(a) a person shall not be allocated land or granted a lease in respect of an area
or plot of land exceeding such ceiling on landholdings as the Minister
may prescribe in the regulations;
(b) a person shall not be entitled to occupy or hold under one or more leases or
certificates of allocation land exceeding such ceiling as the Minister
may prescribe in the regulations; and
 (c) a person shall not be entitled to occupy or hold under one or more leases or
certificates of allocation land in excess of such number as the Minister
may prescribe in the regulations.
(2) Notwithstanding subsection (1), a person who wishes to hold land in excess of the
limitations set out in that subsection shall apply to the Minister.
(3) Where the Minister consents under subsection (2), the Minister shall, by notice
published in the Gazette, furnish reasons for the consent together with the name of the person
to whom the consent has been granted.
(4) Ceilings on landholding for the developer of sectional titles shall be based on the
land and not on the number of sections.
(5) This section shall not apply to land which was lawfully granted or allocated before
the coming into operation of this Act.
PART VIII
GOVERNMENT ACQUISITIONS
Allocations to Government
45. Allocations may be made to Government in accordance with the provisions of Part IV and
Part V for such purposes as the Commissioner may specify.
Temporary occupation of land by Government
46. (1) The Government or its agency may apply for temporary use of land if such land is
required for temporary use for a public purpose: Provided that such temporary use shall not
exceed a period of 5 years.
(2) Where the land is required for more than 5 years, the Government shall apply for a lease
in respect of the land.
(3) Where land is occupied under subsection (1), the Commissioner shall issue a certificate of
use in favour of the Government or its agency.
Acquisition of leases by Government
47. Except as provided for in Part IX, every acquisition of land or servitudes by the
Government from a lessee or lessees shall be by private contract.
PART IX
ACQUISITION AND EXPROPRIATION OF LAND FOR PUBLIC PURPOSE
Declaration of land for public purpose or public interest
48. Whenever it appears to the Minister that land which is unallocated is required for public
purpose or public interest, the Minister after consultation with the allocating authority having
jurisdiction shall by notice in the Gazette declare the land to be so required.
Expropriation of land for public purposes
49. (1) Whenever it appears to the Minister that any land which is not held under a lease is
required for public purposes or the creation of servitudes for public purposes, the Minister
shall, after consultation with the local authority having jurisdiction, by notice in the Gazette,
declare the land to be so required.
(2) Whenever it is necessary in the public interest to set aside for public purposes land held
under a lease or to create a public servitude, the Minister shall, after consultation with the
local authority having jurisdiction and the lessee, by notice published in the Gazette declare
the land to be so required.
(3) Prior to the publication in the Gazette of a declaration notice the Minister shall cause a
copy of the notice to be served upon any person known to be in occupation of, or to have an
interest in, the land.
(4) A declaration notice by the Minister under this section shall be published in the Gazette
and shall contain such particulars as shall be set out in the regulations and shall invite any
person having any claim in the land to submit his claim to the Minister.
(5) On publication in the Gazette of the declaration notice, interests in or affecting the land to
which the notice relates shall cease to subsist, a lessee’s interest in the land shall revert to the
State, and the Registrar shall cancel the registration of all deeds evidencing those interests.
(6) On publication of a declaration notice relating to a public servitude a lessee’s rights as
affected by the declaration and subject to compensation where necessary shall cease to apply.
(7) Notwithstanding subsection (4), a lessee, or lawful occupier, of the land subject to a
declaration notice may remain in occupation of the land for a period not exceeding 3 months
from the date of settlement of compensation.
Public purpose or public use
50. (1) The following shall constitute circumstances under which land may be expropriated
for public purposes -
(a) providing roads, aerodromes, railways, canals, water supply, drainage,
sewerage;
(b) providing social services including but not limited to schools, hospitals,
hostels, cemeteries, playing fields, parks, swimming baths, nature
reserves, low income housing;
(c) water conservation by means of watersheds, water catchment areas,
reservoirs;
(d) land conservation through afforestation, and erosion prevention;
 (e) providing Government housing for; residences, offices, storage; research
and agricultural stations; and defense and security requirements;
(f) furthering sport, culture, industry and tourism, including the provision of
hotels;
(g) providing any public utility service;
(h) alleviation or eradication of consequences of natural disaster; and
(i) providing any service which is in the public interest or would enhance or
promote national resources and prosperity.
Expropriation and acquisition of land for the public interest
51. (1) Where it appears to the Minister in the public interest that land is required for
purposes of development, the Minister may, after consultation with the relevant allocating
authority and by notice published in the Gazette, declare any area of land for development.
(2) The following shall constitute circumstances under which land may be expropriated in the
public interest –
(a) setting aside land for the development of agriculture by modern farming
techniques;
(b) construction or development of a new residential, commercial or industrial
area; or
(c) development or reconstruction of existing built-up area.
(3) Where expropriation or acquisition relates to a development scheme to be sponsored and
operated wholly or partly by a person other than the State or a parastatal organisation, the
Minister may grant to that person a lease of the whole or part of the area, as the case may be,
subject to conditions that –
(a) The developer shall, where specifically directed by the Minister, make
provision under the scheme for:
(i) sub-division of the land
(ii) transfer to a former lessee or allottee, on terms to be approved by
the Minister, of his interest in any sub-division previously held
by such former lessee of allottee; and
(iii) subject to the prior rights of former lessees or allottees, subleases
or transfers of his interest in other sub-divisions to other
persons;
(b) If the developer fails to provide substitute rights to a former lessee of
allottee, he shall pay compensation to such former lessee or allottee.
Principles behind expropriation
52. An expropriation under sections 49 and 51 shall be subject to the following principles:
(a) the Government shall first negotiate with the holder of land rights which
are the subject of potential expropriation and resort to expropriation
only upon failure of the negotiations due to the unreasonableness of the
holder of the rights to the land;
(b) prior adjudication of the land proposed for expropriation and other lands,
whether adjoining or not as may be affected by the expropriation;
(c) payment or settlement of compensation as provided for in Part X of this
Act and under the regulations;
(d) a party whose land rights are the subject of expropriation by the
Government shall have the right to seek review from the Land Court
against any decision of the Government in this regard.
Public servitudes
53. (1) Whenever the Government, a Local Council, a statutory corporation or undertaker
requires a public servitude over any land the subject of a title under this Act for the
construction of public utility works or the supply of public utility services, the Minister may
grant it to the body so requiring the public servitude and that body shall, subject to section 54,
be liable for any compensation arising from the grant.
(2) Where the Minister has granted a public servitude over land allocated under Part IV,
which is not the subject of a title, the Commissioner shall so inform the allocating authority
having jurisdiction which shall make the appropriate derogation entry in the register but
failure on the part of the allocating authority to make the entry shall not affect the validity of
the grant of the servitude.
Compensation for public servitudes
54. (1) No compensation shall be payable under section 53(1) where -
(a) the land which suffers damage has been either replaced or restored;
(b) movable property damaged has been either replaced or restored; or
(c) the works constructed do not interfere substantially with the enjoyment of
land.
(2) Nothing in subsection (1) shall be deemed to preclude the payment of compensation for
damage to crops on the land affected by the exercise of the servitude.
(3) Where the exercise of a public servitude over land subject to a lease interferes
substantially with the enjoyment of the land, the lessee shall have the right, in lieu of any
compensation which he may claim under subsection (1), to request the Minister that the
whole of the land leased be set aside for public purposes.
Excess expropriated land to revert to State
55. (1) Whenever it appears to the Minister that any land held by the Government or agency
of the Government by operation of Part VIII and IX of this Act is surplus to the requirements
for which it was acquired or allocated or permitted to be used, the Minister may, by notice
published in the Gazette, revoke the expropriation declaration relating to the land, and such
land shall revert to the State unless within 90 days from the date of revocation, the original
title holder, having been given notice by the Commissioner, expresses interest to be allocated
the land.
(2) Where land acquired under Part VIII and IX ceases to be required by the Government, the
Minister shall publish a notice to that effect in the Gazette and the land shall revert to the
State.
(3) No land acquired under Part VIII and IX of this Act may be used for a purpose other than
the one declared under section 48, 49 and 51 without re-publication of the declaration notice.
(4) Section 43 shall apply to land acquired under Part VIII and IX as if the acquisition was by
a private person.
PART X
COMPENSATION
Deprivations of land to be compensated for
56. In all cases in which the implementation of this Act results in compulsory acquisition of
property, the person deprived of such property shall be entitled to compensation at market
value.
Obligation for compensation
57. The obligation to compensate shall lie with the body conducting the expropriation.
Period for claiming compensation
58. (1) Notwithstanding an adjudication made in terms of section 52(b), any person who
claims to have an interest which, by reason of section 49(1) and 51(1) ceases to subsist may,
if not already approached by the Minister or the relevant Government agency, within 3
months from the date of publication of the declaration notice, claim compensation.
(2) In assessing compensation, regard shall be had -
(a) to the value of the property as certified by an odd number of valuers one of
whom shall be the Government valuer, having regard to the present
and replacement value; and
 (b) to the expenses incidental to any necessary change of residence or of place
of business.
Conflicting claims
59. Where conflicting claims are submitted to the Minister pursuant to section 58(1), the
Minister shall, within one month from the last day of the period prescribed in section 58(1),
refer the case to a District Land Court having jurisdiction in the area where the land in
question is situate.
Compensation must precede expropriation
60. Compensation shall, in all cases of compulsory acquisition, be made before conclusion of
expropriation.
PART XI
REGULARISATION AND ADJUDICATION
Scheme of regularisation
61. The Commissioner shall, after consultation with chief and residents or occupants of the
area selected for regularisation, prepare a draft scheme of regularisation in accordance with
the regulations and in conjunction with Local Councils within whose jurisdiction the
proposed scheme area is situate or most closely contiguous to where the regularisation area is
situate.
Declaration of regularisation area
62. Upon Ministerial approval of the scheme of regularisation the Minister shall, by notice
published in the Gazette, declare the area to which the scheme applies.
Implementation of a scheme of regularisation
63. The Commissioner shall be responsible for the implementation of a scheme of
regularisation, but may delegate the whole or any part of the implementation of such scheme
to the Local Council where the regularisation area is situate or most closely contiguous to
where the regularisation area is situate.
Findings of regularisation to supersede previous records
64. In all matters of fact relating to the size or dimensions of the land in a regularisation area,
the findings of the scheme of regularisation shall supersede all previous records.
Adjudication to precede registration
65. Every registration of a lease under this Part shall be preceded by an adjudication of the
rights relating to that land.
Systematic adjudication
66. Systematic adjudication shall be carried out in conformity with the regulations for
adjudication of interests in land and the criteria under section 30(2) or any other criteria that
may be determined during adjudication shall apply in the determination of rights.
Registration period
67. (1) At the conclusion of the adjudication and regularisation, an adjudication record shall
be sent to the Commissioner for issuance of a lease and subsequent forwarding of the lease
and the adjudication record to the Registrar for registration of a lease.
(2) The Registrar shall, within 60 days of receiving a lease and the adjudication record,
register a lease.
Presumption of sporadic adjudication
68. All land for the time being not under systematic adjudication shall be deemed to be under
sporadic adjudication.
Systematic adjudication to prevail over sporadic adjudication
69. Where the Minister, pursuant to the regulations, publishes a notice in the Gazette
declaring an area to be an adjudication area for purposes of systematic adjudication, then
section 68 shall automatically cease to have effect in respect of all land defined in the said
notice.
Tenants may be compensated during regularisation
70. Where an occupant of land has rented out the land or developments to third parties, such
third parties may be entitled to compensation for any deprivation arising from the
regularisation process, provided that the compensation shall be a reduction on the quantum of
compensation due to the occupant.
Land acquisition and redistribution in compliance with planning laws
71. The State may re-align land for purposes of compliance with the zoned use or for the
better planning and layout of the land, including pooling and sharing of the same, and the
creation of servitudes of necessity.
Appeals against regularisation
72. A person who is aggrieved by a determination of a regularisation or adjudication process
may, within 30 days of the publication of the adjudication record and demarcation map, seek
review from the District Land Court against that determination.
PART XII
CONFLICT RESOLUTION
Establishment of Land Courts
73. The following courts are established with jurisdiction, subject to the provisions of this
Part, to hear and determine disputes, actions and proceedings concerning land:
(a) the Land Court; and
(b) District Land Courts.
The Land Court
74. The Land Court shall be a Division of the High Court.
District Land Courts
75. The Subordinate Courts are the District Land Courts for the purposes of this Act.
Rules
76. The Chief Justice may, in consultation with the Minister responsible for land, make rules
for the practice and procedure in the land courts.
PART XIII
LAND REVENUE
Ground rent
77. (1) There shall be payable ground rent in respect of leases, unless a lessee is exempted
from such ground rent as the Minister may, by notice published in the Gazette, determine.
(2) Ground rent shall be paid in such instalments and at such intervals of time during the year
as the Commissioner shall determine or as is provided in the lease.
(3) Ground rent shall be paid to the Commissioner or an authorized officer at the office of the
Commissioner or at any other place which the Commissioner determines or which may be
prescribed.
(4) In assessing the amount of ground rent, the Commissioner shall have regard to –
(a) the area and location of the land which is the subject of the lease;
(b) the use of land permitted by the lease;
(c) the value of land as evidenced by the assignment of leases and other
dispositions of land in the market in the area where the lease has been
granted.
(5) A citizen of Lesotho shall be entitled to the lease free of ground rent which he leases and
occupies for his own residential use.
(6) Subsection (5) shall not apply to subsequent residential leases held by a person referred to
in that subsection.
Development charges
78. (1) The Minister may prescribe development charges, being charges for the construction
and the provision of services, including roads, foot-paths, main drainage, street lighting and
any other charges which are not prescribed under any other law, which shall be calculated in
relation to the area of land held by the lessee.
(2) The Minister may waive or reduce any prescribed development charges where that is
considered to be in the public interest.
Allocation premiums
79. (1) The Minister may, on the advice of the allocating authority having jurisdiction and by
notice published in the Gazette, determine areas in which premiums shall be payable in
respect of all allocations, including grants of title.
(2) The premium referred to under subsection (1) shall be payable in such manner as may be
prescribed in the regulations.
PART XIV
CEMETERIES
Cemeteries
80. (1) An allocating authority shall in consultation with the representative of the Ministry
responsible for Public Health and the chief having jurisdiction, designate places or sites to be
used as cemeteries.
(2) Save as provided in section 72(2) of the Public Health Order of 19707, it shall be
obligatory to bury the dead in cemeteries and it shall be unlawful for a person to bury the
dead in any place other than a place designated by the allocating authority as a cemetery.
PART XV
MISCELLANEOUS
Offences
81. (1) A person who does anything contrary to this Act commits an offence and shall, on
conviction, be liable to the punishment set out in subsection (2).
(2) Without prejudice to the generality of subsection (1), a person who –
(a) grants a title of land contrary to this Act;
(b) conducts a transaction relating to land contrary to this Act;
(c) carries out a transaction without the consent of the Commissioner where
such consent is required;
(d) save as under section 42, converts land granted for a specific purpose;
(e) occupies land or aids or abets the occupation of land by another person
without proper authority,
commits an offence and shall on conviction be liable to a fine of M5,000 or 5 years
imprisonment or both.
(3) A transaction carried out contrary to this Act is of no effect.
Powers of the Court
82. (1) Where the Court having jurisdiction has convicted a person under section 81(1) or (2),
the Court may –
(a) order the person to vacate the land forthwith or within a specified period of
time; and
(b) order the person or any other authority to demolish and remove within a
specified period of time any structure or building work thereon.
(2) Where the order made under subsection (1)(a) is not complied with, an officer of
the court may seek the assistance of the police or other relevant authority in the area
concerned in evicting the convicted trespasser from the land.
(3) Where a person convicted under subsection (1) or (2) has failed to comply with an
order made under subsection (1)(a), and any person or body has incurred any expenses in
executing the order, such expenses may be recovered from the person against whom the order
was served.
 (4) For the purposes of this section, occupying land without proper authority includes
remaining in occupation after the date on which the land should have been vacated as a
consequence of a termination notice, a revocation notice or any other notice to vacate given
under this Act.
Additional offences
83. (1) A person who –
(a) knowingly makes a false statement, orally or in writing, in connection with
a disposition or other transaction affecting land or any other matter
arising under this Act;
(b) knowingly gives false information or makes a false statement, either orally
or in writing, in connection with a call for information or in connection
with an investigation into the commission of an offence under this Act;
(c) knowingly gives any false evidence either orally or in writing in
connection with the implementation of this Act; or
(d) fraudulently procures –
(i) the registration or issue of a lease or any other document or
instrument relating to land;
(ii) the making of an entry or the endorsement of a matter on the
document or instrument referred to in subparagraph (i); or
(iii) the cancellation or amendment of any of the aforesaid documents
or instruments or entries or endorsements;
(e) fraudulently alters, adds to, erases, defaces, mutilates or destroys a
document or instrument relating to land or an entry on or endorsement
of the document or instrument; or
(f) suppresses or conceals any material, document, fact or matter from a public
officer or an officer of a local authority or an officer of any body
exercising powers under this Act or assists or joins in so doing,
commits an offence and is liable on conviction to a fine of M10,000 or imprisonment for a
term of 10 years or to both.
(2) A person who, without reasonable excuse, fails to produce a document as required by a
notice served on him under this Act commits an offence and is liable on conviction to a fine
of M500 or imprisonment for a term of 5 months or to both.
(3) A person who fails to vacate land after the expiry of the period specified in an order to
vacate land issued by the court having jurisdiction and served on him to vacate that land
commits an offence and is liable on conviction to a fine of M1,000 or imprisonment for a
term of one year or to both.
(4) A person who wrongfully obstructs or encroaches on to a public servitude and who does
not within the time specified in an order served on him or where he has appealed against the
order, within the time specified in the order after the hearing of the appeal where the court
has rejected that appeal, remove that obstruction or cease that encroachment commits an
offence and is liable, on conviction to a fine of M1,000 and in the case of a continuing
offence, to an additional fine of M500 for every day during which the offence shall have
continued.
(5) A person who wilfully and unlawfully –
(a) delays;
(b) obstructs;
(c) hinders;
(d) intimidates; or
(e) assaults,
a person authorised under this Act to enter and inspect any land in the lawful exercise of the
power in that behalf commits an offence and is liable on conviction to a fine of M1,000 or to
a term of imprisonment of one year or to both the fine and imprisonment.
(6) A person who corruptly accepts or obtains or agrees to accept or attempts to obtain from
any person, either for himself or herself or any other person, any gift or consideration or
service as an inducement or reward for doing or omitting to do or for having done or omitted
to do any act or make any official statement which it is or was his duty to do or to make or
refrain from doing or making under this Act or for showing or refraining from showing
favour or disfavour to any person in relation to any matter referred to in this Act commits an
offence and is liable on conviction to a fine of M10,000 or to a term of imprisonment of 10
years or to both.
(7) A person who corruptly gives or agrees to give or offers a gift or consideration or service
as an inducement or reward for doing or forbearing to do or for having done or forborne to do
an act in relation to a duty imposed upon a public officer, an officer in the employ of a local
authority, or a person exercising functions under this Act commits an offence and is liable on
conviction to a fine of M10,000 or to a term of imprisonment of 10 years or to both.
(8) Where a court has convicted a person of an offence under this section and the commission
of the offence enabled the person to obtain or retain or regain an interest in land which he
would otherwise not have been able to obtain, retain or regain, the court may, in addition to a
punishment provided for by this section imposed on that person, make an order in relation to
that interest in land so obtained, retained or regained by that person as appears to the court
necessary to ensure that such person does not profit by the offence of which he has been
convicted and without prejudice to the generality of this provision, the order may direct –
(a) the Commissioner in the case of a lease and any derivative interest from
such lease to commence proceedings to –
(i) terminate the lease;
(ii) terminate any derivative interest in land; or
(iii) terminate a servitude;
(b) the Commissioner to take such other action as the court may deem fit;
(c) the Registrar to cancel an entry in the register which has been obtained by
virtue of or on account of the offence;
(d) a person conducting an adjudication to cancel an entry in the adjudication
record which has been obtained by virtue or on account of the offence;
or
such person to make restitution to a person who has suffered loss by virtue of or on account
of the offence, including taking all necessary action to transfer to the person any interest in
land obtained, retained or regained by such offence from that person, and the order may be
made subject to such conditions as the court may consider just and reasonable.
Corrupt transactions
84. (1) Nothing in this Act shall be construed to give any legal effect to any transaction or
issue of any document purporting to confer rights to land on a person which transaction or
document was obtained or induced by a corrupt or fraudulent action, on the part of any public
officer, whether that officer was directly or indirectly involved in that transaction.
(2) For purposes of this section, a transaction shall be taken to be affected or tainted by
corruption when a party to or involved directly or indirectly in the transaction in respect of
which it is alleged that an action was corrupt is convicted of corruption.
(3) A person occupying land which he obtained as a consequence of participating in any of
the transactions referred to under subsection (1) shall be liable to forfeit that land to the State
without any entitlement to compensation whatsoever.
(4) A person occupying land as a consequence of a corrupt transaction shall be and shall
always have been obliged to comply with all the terms and conditions of the transaction and
of the lease, or other right to occupy the land acquired as a result of that transaction as if it
had been a valid transaction.
Void transactions and titles
85. Any transaction or dealing in land and any title acquired pursuant to any transaction or
dealing carried out contrary to this Act shall be of no effect.
Common law remedies not affected
86. Nothing in this Act shall take away or interfere with the right of the State or a person to
recover, under common law, compensation or damage for injury caused by an offence
committed under this Act.
Savings and transitional provisions with respect to transactions
87. (1) Unless the contrary is specifically provided for in this Act, any right, interest, title,
power or obligation acquired, accrued, established, coming into force or exercisable before
the commencement of this Act shall continue to be valid in so far as it is consistent as if it
complied with the law applicable to it immediately prior to the commencement of this Act.
(2) Unless the contrary is specifically provided for in this Act or the circumstances are such
that the contrary is to be presumed to be the case, where a step has been taken to create,
acquire, assign, transfer or otherwise execute a disposition, any such transaction shall be
continued in accordance with the law applicable to it immediately prior to the
commencement of this Act.
(3) All transactions to which subsection (2) applies and which are not completed within 2
years of the coming into effect of this Act shall be deemed null and void and shall be subject
to recommencement under this Act.
(4) All actions leading to the grant of a lease stipulated to be done under any law prior
to the coming into operation of this Act not yet commenced at the coming into operation of
this Act shall be commenced under the provisions of this Act.
(5) An instrument executed before the commencement of this Act where a disposition
permitted under this Act is completed may be presented for registration in the deeds register
and –
(a) the question whether the instrument so presented is to be registered shall be
determined by the Registrar by reference to the law in force at the time
of its execution; and
(b) subject to paragraph (a), this Act shall apply to such instrument as if it had
been executed after the commencement of this Act.
Savings and transitional provisions with respect to rules, orders, etc.
88. Any rule, order, regulation, direction, notice, notification, condition, permit or other
administrative act made, given, issued or undertaken before the commencement of this Act
under any law repealed or amended in a material particular by this Act shall, if it could have
been made, given, issued or undertaken under any corresponding provision of this Act,
continue in force and have the like effect as if it had been so made, given issued or, as the
case may be, undertaken.
Transitional provisions with respect to judicial proceedings
89. Where a case relating to land was pending before the High Court or Subordinate Court
prior to the coming into effect of this Act, the case may continue to be heard by the High
Court or Subordinate Court until completion and the ruling emanating therefrom shall have
the same effect as if made after the coming into effect of this Act.
Authority derives from Minister
90. Every power, function or duty exercised under this Act shall be deemed to be done under
the authority of the Minister in accordance with section 109 of the Constitution of Lesotho.
Appeals
91. An appeal shall lie to the Minister against any administrative decision made under this
Act.
Regulations
92. (1) The Minister may, by notice published in the Gazette, make regulations prescribing
anything which may be prescribed under this Act and generally for the better carrying into
effect of the purposes and provisions of this Act and removing any difficulties occasioned by
the coming into operation of this Act.
(2) The Minister may, without prejudice to the generality of subsection (1), make
regulations -
(a) for the procedure of allocation of land;
(b) prescribing terms and condition under which a foreign enterprise for
investment purposes shall be hold land;
(c) defining the use purpose of land;
(d) for the administration and transaction of sectional titles;
(e) prescribing the terms and conditions of leases and the manner in which
leases are to be executed;
(f) prescribing the procedure for application for a lease;
(g) prescribing the land holding ceilings;
(h) for prevention of speculative dealings in land;
 (i) prescribing the conditions and circumstances under which the
disqualification imposed upon companies and partnerships under
section 6 may be waived;
(j) for terms and conditions under which consents shall be granted;
(k) for compensation arising from operation of this Act;
(l) in respect of ground rents, fees and calculations thereof, and the
circumstances under which personal levies may be attached to ground
rents payable by particular lessees;
(m) prescribing terms and conditions under which ground rent may be waived;
(n) in relation to notices, orders and calling of information under this Act;
(o) for entry and inspection, at reasonable times, of leased premises by the
Commissioner, a local authority representative or other authorised
persons;
(p) prescribing the forms and schedules for the better carrying into effect of
this Act;
(q) prescribing procedures for declaration of land for public purpose and
public interest;
(r) for expropriation of land for public purposes and in the public interest; and
(s) as the Minister considers necessary for the effective implementation of this
Act.
Repeal
93. The Land Act 1979 is repealed.
NOTE
1. Act No. 11 of 1980
2. Act No. of 1968
3. Act No. 12 of 1967
4. Act No. 6 of 1997
5. Act No. 5 of 1972
6. Act No. 7 of 1966
7. Order No. 12 of 1970
8. Act No. of 1979
GOVERNMENT NOTICE NO. 45 OF 2010
Statement of Objects and Reasons of the Land Act, 2010
 (Circulated by the Authority of the Minister responsible for Local
Government and Chieftainship Affairs)
1. The proposed reform
The Land Act 2010 proposes the consolidation of the Land Act 1979 amendments and related
laws. It also introduces reforms in land administration and land tenure security with a view to
promote efficiency in land services and enhance use of land as an economic asset in Lesotho.
In a nutshell the Act repeals the 1979 Land Act.
2. The Current Position
Research, consultations and practice have proven that the land tenure system and its
administration under the 1979 Land Act are not responsive to the economic needs of the
country. It is perceived to be costly, slow, inefficient, restrictive and not transparent. The end
results are that registered land rights are not provided to the majority of citizens and this
hampers investments and creates dysfunctional land markets. The current tenure system does
not also bring much revenue to the state. Furthermore, the following have been found to be
some of the shortcomings in the 1979 Land Act –
(a) limitation of land holding to foreigners - section 6(c) as amended by section 4 of
the Land Amendment Act No. 27 of 1986. This section is to the economic
detriment of the country;
(b) inefficient control of growth of urban and pen-urban areas and the absence of
planning creates problems for the creation of infrastructure;
(c) land disputes not disposed off quickly, Land Tribunal centralized in Maseru and its
jurisdiction limited to certain cases - section 64 of the Land Act 1979;
(d) single plot not capable of being held by more than one title holder;
(e) cumbersome procedures which lead to inefficient land administration services -
section 35 of the Land Act 1979;
(f) lack of land tenure security;
(g) numerous amendments to the 1979 Act which render it not user friendly;
(h) in equality between boy and girl child and lack of protection of minor orphans;
(i) lack of information to the public on land matters;
(j) absence of land holdings and cadastral database;
(k) no provisions criminalising corrupt practices by officials and authorities in
rendering of land services and issuance of land documents.
3. Rationale/objectives to be achieved through the Land Act 2010
The intention of this Act is to address the following issues –
 (a) regularisation will ease provision of access roads and utility services. Adjudication
on the other hand will formalise settlements and this will reduce disputes;
(b) speedy disposal of land matters through creation of specialised Land Courts is
necessary so that economic activities on land are not hampered;
(c) secured titles will encourage people to develop their properties and use their
properties as economic assets;
(d) all land allottees upon allocation of land will have documentary evidence in a form
of a certificate;
(e) land records will be updated;
(f) there will be greater efficiency in the conduct of land transactions;
(g) land market will be improved as there will be more players and more leases;
(h) there will be gender balance in land dealings;
(i) there will be fair and prompt compensation following expropriation of land;
(j) protection and security to orphans who become vulnerable upon death of the
parents.
3.1 Consultations with stakeholders
The Land Act 2010 builds on research which was carried out overtime in an endeavour to
improve the land administration laws and policy in Lesotho. It incorporates among others the
findings of the Late Chief Magistrate L. Mapetla’s Land Policy Review Commission of 1987,
the recommendation of Justice Ramodibedi’s Land Policy Review Commission of 2000 and
the views gathered from the Land Forums of 2007/2008. The findings of all these studies
revealed that the 1979 Land Act has some shortcomings which promote unequal distribution
of land and also hinder utilization of land as an economic asset. Following the production of
the draft Land Bill 2009 consultations were made with relevant stakeholders. The first
exercise was held at Victoria Hotel on the 3rd and 4th April, 2009 and it involved amongst
others; the bankers, chambers of commerce, law administration officials, private surveyors,
private developers, estate agents educators, government ministries and departments, local
authorities, chiefs, Non-Governmental Organizations, donor based international
organizations. The sensitization session was held with members of the National Assembly in
their capacity as representatives of the electorate. The last one was with members of the
Senate.
The most sensitive issue which came out of all these sensitization sessions is land holdings by
foreign investors. The general feeling was that if there are no strict conditions or restrictions
in their being allowed to hold land in Lesotho, this might jeopardize the interests of Basotho.