The System of Land Alienation in Zambia: A critical analysis of the Legal and Institutional Framework
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Date
2011-12-09
Authors
Sichone, Frightone
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Abstract
Since the advent of colonial rule, the system of land alienation in Zambia has not received adequate attention both in terms of legal and institutional reform in line with political and socio-economic changes, and population growth. Even with the attainment of political independence in 1964, there has been no clear legislation to govern the procedure on land alienation. Currently, there are several statutes that have some bearing or relevance to land alienation, and there are several government Ministries and Departments that play a role in land identification, planning," surveying and tide registration. Admittedly, the challenge faced with this kind of legal and institutional structure is that there is lack of co-ordination among land alienation institutions, and there are conflicting regulations in certain instances. To cope with the current demand for land, there is need for equitable access to land, as well as secure land tenure for the people of Zambia. This dissertation is a study of the system of land alienation in Zambia in both State land and Customary land. The study critically analyses the law relating to the land tenure system in die country, and evaluates the legal framework and
institutions that are involved in land alienation. Basically, the whole study is an examination of real practices and procedures followed in the alienation of land in different categories of land. During this study, it has been revealed that the system of land alienation in Zambia has continued to be based on and influenced by the colonial forms of tenure introduced during the colonial rule that have little relevance to the needs of the country. This study has further revealed that there is lack of institutional establishment, and technical capacity in the alienation of land. Furthermore, there is lack of rules and guidelines on the roles to be played and functions to be performed by the institutions involved in the alienation of land. The study reveals that some indigenous forms of customary tenure are no longer suitable in light of the increasing demand for land posed by population growth, urbanisation, rural-urban migration, and other demographic factors. There is now need to devise suitable methods of land alienation to cater for various uses of land such as land for housing, agriculture, commerce, and industrial development. The study has suggested that legislation governing land holding, land acquisition, usage and delivery in both systems of land tenure should be consolidated with a view to unifying land alienation and administration. Similarly, legislation should recognise the rights of land users by defining these rights through formal survey and registration so that everyone, irrespective of social status, gender or origin can have similar rights to land. The study has concluded that the law relating to land alienation should be revised and the institutions involved in land alienation should be restructured and decentralised in order for them to deliver land in an efficient, effective, transparent, democratic and equitable manner for the socio-economic development of the Zambian people and the country. It is hoped that the findings of this study will provide a contribution to the scholarly works on the system of land alienation and administration in Zambia.
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Keywords
Land Alienation- Zambia , Legal and Institutional Framework-Zambia