Weaknesses of the law relating to trespass to land(by relation)and nuisnace in Zambia
Date
2013-10-07
Authors
Musukwa, Kondwani Brights
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Abstract
Over the past decades, the concept of environmental protection as a priority for all countries has steadily gained recognition. There has been a realization upon countries globally that a pertinent need for stringent and effective environmental laws exists.Countries, through the United Nations and various other regional groupings, have been able to mobilize themselves over the past decades to come up with comprehensive conventions that have established what may be termed as international environmental laws. These international, as well as regional conventions, are administered differently in the member countries depending on the type of legal system followed. That is, either dualism or monism.. Zambia as a country has been endowed with an abundance of natural resources. Following this, an enormous task upon the legislators and administrators exists to ensure that whilst Zambia utilizes her natural resources, she does not in the process degrade the environment in which the resources are deposited. Zambia's economy, like that of many other African countries in Southern Africa, acknowledges the contribution of 60% by the mining sector to the GNP.2 As a direct result, Zambia aims to maximize profits from this sector. In the process, the issue of care for the environment arises. The task of ensuring that mining is conducted under the auspices of international conventions, regional conventions and local legislation is one that requires careful execution. It is against the foregoing that this paper evolves. Zambia, like many other countries, has taken positive steps to manage its biological resources on a sustainable basis. It is a party to several international and regional conventions, a few of which are outlined below:World Heritage Convention, Convention on International Trade in Endangered Species of Wild Fauna and, Flora (CITES) (1973, Ramsar Convention on Wetland Management (1975)
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Basel Convention on Control of Trans-Boundary Movements of Hazardous;Wastes and their Disposal
,Convention on Desertification,
Convention on Biological Diversity (CBD),SADC Mining Sector ProtocoL3
Case studies shall be based mostly on Konkola Copper Mines and Chilanga Cement PLC.
On the other hand, with the acquisition of land being given into the hands of everyone and not only the indigenous Zambians it is important that those who purchase these pieces of land know their rights and duties with regard to the land purchased. This should be done with taking into consideration the land purchased and converted from customary land to a lease what is the position of those that were formerly occupants of the same land? Does their prolonged continuance in occupation amount to trespass what has the courts held in such a situation and what should be done and does this amount to trespass to land as perse.The copying from the western world of everything by Africans from a paper clip to a nuclear reactor and more so the laws and kind of administering land titles has left many of the native Zambians homeless. This is caused a big problem for the locals. One Major Robbie Chizyuka is quoted as saying,"if we do not band together now and fight there will be no land left for fight for. As individuals we are weak because we are poor and politically powerless. Together we form such a powerful force that can never easily be humiliated into painful destitution."The kernel of this paper is to focus on the weaknesses of the law relating to the torts of nuisance and trespass to land. Why is it so prominent? Are people alive to the duties they are owed by others and the rights they owe others? Does it mean that the law that regulates trespass to land and nuisance is inadequate?
This paper in considering the named above issues will tackle the problems in the following manner: Chapter One, will give an introduction of the topic and explain the theories and concepts involved in trespass to land and nuisance and the situation in Zambia. Chapter Two will look at a number of statutes that seek to regulate use of land so as to reduce the incidents of the two torts to be studied. In this regard it will also consider a number of cases. Chapter Three will give a conclusion, discussion and recommendations of the author on trespass to land (by relation) with regard to the Zambian situation. Chapter Four, Is the last chapter and will show conclusions drawn from the study and also express views of the author. The summary and recommendations, on the topic of nuisance with regard to the Zambian incidence.
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Keywords
Real Property-Zambia