Land Disputes in Zambia: A case study of garden house area, Lusaka.

Abstract

This study investigated land disputes in Zambia taking a case study of Garden House area. Land ownership in Zambia is becoming increasingly a contentious issue. This is because land is more than just an economic asset or factor of production. Land ownership invokes a sense of security, a sense of identity and a sense of pride. In this vein the report investigated the types of land disputes taking place in Garden House area and the causes of land disputes in the area. Furthermore, it inquired on the challenges faced by residents in acquiring legal land title in the area as well as the effects of land disputes on the residents. Additionally, the study investigated the mechanisms deployed by Government and other stakeholders in resolving land disputes in Garden House area. The research strategy for this study combined both the exploratory and descriptive approach. The study used qualitative research method. The sample size was 43 consisting of 40 residents from Garden House area and three officers from the Lands Tribunal, Lusaka City Council and Ministry of Lands. From the 40 residents, 40% were male while 60% were female. The main types of conflicts established were conflicts between or among residents over land boundaries, conflicts relating to two or more claims made to one piece of land and also encroachment of personal land by most especially political cadres. These are mainly caused by lack of a proper system for land selling and distributions in the area as there is no proper organisation that appears to be in charge of this mandate. Moreover, this study established that most of the people in this area do not possess title deeds in the first place and find the procedure somewhat difficult and long. Several interventions have been made by government agencies and other stakeholders to minimize land conflicts including: sensitisation campaigns on land issues, mediation, and engagement of traditional leaders, enhancement of regulation and as well as strengthened enforcement of land laws. The majority of residents however believed these measures were largely ineffective. The study recommends the need to establish a single government entity to regulate the sale or allocation of land; to create a central data base for keeping land records ensuring these records are easily accessible. Increased sensitisation programmes on the Land laws in addition to stronger accountability and transparency in land management were also recommended. It also recommends that the law needs to be reformed to establish a single unified system of land tenure.