Answer grounded in published legislation
Your question
Aan wie behoort die pad reserwe? Aan die boer of die regering?
By ’n geproklameerde pad berus die eienaarskap en bewaring van die pad, wat die volle padreserwe insluit, by die Staat, behalwe waar die pad binne ’n plaaslike owerheidsgebied berus. Die padreserwe sluit die volle breedte van die geproklameerde pad in, met die rybaan en padkante. 13
Die boer kan steeds die eienaar van die aangrensende grond wees en behou sekere regte, omdat die proklamasie nie op sigself alle regte, serwitute, mineraalregte of aanspreeklikhede ten opsigte van die grond wegneem nie. Waar die wet daarvoor voorsiening maak, is die grondeienaar ook op vergoeding geregtig vir grond wat deur die pad of ’n vergroting van die padreserwe gedek word. 15
Verified sources
Where this answer comes from
Roads Act 4 of 2025
(1) The ownership and custodianship of every road in Namibia vests in the State except for a road which vests in the local authority area. (2) Except as otherwise provided for by this Act, the proclamation of a road on land for the purpose of the construction of a road does not - (a) impose any liability on the owner of the road that the owner would not have if that owner was merely a person having the care, control and management (custodian) of the road; [The verb “was” should be the subjunctive verb form “were”.] (b) affect the rights or liabilities of any person under any servitude or right of way; (c) affect any rights or liabilities of any person, including the State, with respect to mi...
Mines Works and Minerals Ordinance 20 of 1958
“public road” means any road, street or thoroughfare which the public has a right to use or has used without hindrance for a period of at least twelve months and shall include those parts adjoining the roadway defined as the road reserve in the Roads Ordinance, 1962 (Ordinance 28 of 1962);
Roads Ordinance 17 of 1972~
“road reserve” means the full width of a proclaimed road, including the roadside and the roadway;
Roads Ordinance 17 of 1972
“road reserve” means the full width of a proclaimed road, including the roadside and the roadway;
Roads Act 4 of 2025
or (b) across a commercial farm of 50 hectares or smaller, the owner of the land across which that road has been proclaimed or reopened, over and above any damages to which he or she is entitled in terms of that subsection, is entitled to compensation for the land covered by that road. (6) Despite subsection (1), if the width of the road reserve of a road has been increased in terms of section 18(6), the owner of the land on which that road has been increased, over and above any damages to which he or she is entitled to in terms of that subsection, is entitled to compensation for the land covered by such an increase of the width of the road reserve. (7) If during the course of the constructi...
Land Survey Act 33 of 1993
“public place” includes a street, road, thoroughfare, square or open space shown as such on a general plan of a township or settlement, filed in the deeds registry or Surveyor-General’s office, and all land (other than erven shown on such general plan) in respect of which the control is vested, to the exclusion of the owner, in a local authority or to which the owners of erven in the township have a common right;