6. The politics of authority, belonging and mobility in disputing land in southern Kaoko

Abstract

The focus of this chapter concerns the interwoven politics of authority, belonging and mobility in shaping ‘customary’ land-rights in southern Kaoko. I argue that ancestral land-rights need to be understood as a social and political rather than a historical fact, and one which is relationally established and re-established in practice, over time, and at different scales. The chapter draws on research conducted from 2014 to 2016 comprising a situational analysis of a land and grazing dispute in southern Kaoko, in and around Ozondundu Conservancy. It shows how persons and groups were navigating overlapping institutions of land governance during an extended drought period, in a context shaped by regional pastoral migrations and mobility. This case material illuminates how conservancies and state courts have become key technologies mobilised to re-establish the interwoven authority and land-rights of particular groups. This dynamic is especially so, given a post-Independence shift towards more centralised state-driven land governance, amidst deeply rooted political fragmentation in most places, and land-grabbing by some migrating pastoralists. The chapter concludes by arguing for the importance of engaging socially legitimate occupation and use rights, and decentralised practices of land governance, towards co-producing ‘communal’ tenure and land-rights between the state and localities. This emphasis is critical for evidence-based decision-making and jurisprudence in a legally pluralistic context.