Eswatini Asserts Customary Land Rights at Africa Celebrates 2026

Eswatini's Minister of Tinkhundla Administration and Development, Sikhumbuzo Dlamini, has stated that investors cannot access community land without the consent of the people living on it. He made this statement at the Africa Celebrates 2026 event in Addis Ababa, Ethiopia, which is the 6th edition of the annual Pan-African event celebrating African arts, culture, heritage, technology, and business. The event was held under the theme 'One Africa, One People: Uniting Culture, Innovation and Enterprise for a Shared Prosperous Future'.

Dlamini emphasized that land in Eswatini is held in trust for the nation and must not be treated as an asset that can be disposed of without community involvement. He argued that traditional institutions must not be reduced to ceremonial structures while decisions affecting land and livelihoods are made without the participation of the people they represent. The minister's intervention placed the country's land governance system under the international spotlight, with a central message that economic development must not come at the expense of customary land rights.

The minister, speaking on behalf of King Mswati III, the Indlovukazi, and the people of Eswatini, highlighted that the country's Constitution vests land in the king as trustee for the people, while chiefs administer it at the community level. He argued that this arrangement should not be dismissed as an outdated tradition but recognized as a living system that provides ordinary Emaswati with access to land, including those who might otherwise be unable to afford entry into formal property markets.

Dlamini made it clear that investment on customary land must be structured around community consent, transparency, and shared benefits. He explained that access to customary land in the country is structured through leasehold arrangements rather than freehold ownership, requiring documented community consent through the chief and community. He further outlined the importance of benefit-sharing arrangements that should include employment opportunities, community development funds, and infrastructure.

The minister called for multiple layers of oversight to prevent any single individual or institution from alienating land held for the benefit of the community. He declared that custodianship is not ownership but stewardship. Dlamini also challenged the perception that traditional leaders exist merely to preserve culture and perform ceremonial duties, arguing that traditional institutions are important development actors whose responsibilities extend to land administration, community governance, and local development.

Dlamini highlighted the role of the Tinkhundla system, which provides a constitutional framework that combines traditional authority with elected representation, bringing government closer to communities through familiar institutions. He also commended King Mswati III and previous monarchs for preserving the country's cultural heritage, which he linked to the country's emphasis on peace, unity, and stability. The minister used the international platform to challenge African governments and continental institutions to reconsider how traditional authorities are recognized and supported in development planning.

Dlamini advanced three central arguments: traditional institutions must be treated as development actors rather than merely cultural custodians, community consent must be the threshold for land-based investment, and African development frameworks must recognize and protect the institutions where land, communities, and governance intersect. His closing message was a challenge to African leaders that the issue was no longer whether traditional institutions should have a role in land governance, but whether governments are prepared to give them the legal recognition, resources, and protection required to fulfil that role.

Key points

• Investors must not access community land without consent.
• Traditional institutions must be treated as development actors.
• Community consent must be the threshold for land-based investment.