The colonial policy of apartheid and, more especially, that of ‘bantustanisation’,1
which generally deprived a certain sector of the South West African/Namibian
community of their basic fundamental rights, were legitimised not only by the
imposed political and social systems, but also by the legal system – including
legislation and some principles of Roman–Dutch common law. In terms of
property rights, the black population was denied any claim to certain property
rights such as freehold title as a result of the Bantustan policy. The policies of
the financial institutions requiring collateral as a prerequisite for granting loans
totally disqualified the black population from qualifying for the wherewithal
and the empowerment necessary for the acquisition of property, particularly
immovable property