Assessment of the Lands Tribunal in Resolving State Land Conflicts in Zambia

The objectives of this article are to: 1) investigate the different types of state land conflicts occurring in Zambia; and 2) establish whether or not the Lands Tribunal is efficient and effective in resolving state land conflicts. Methodologically, qualitative methods (interviews and questionnaires) supported by documents were used. These research methods were used to conclude that state land conflicts such as invasion of idle or undeveloped private or public land, illegal allocation of land by some politicians and some government officials, violent land acquisition by political cadres, boundary conflicts, multiple allocations of land, eviction by private landlords, and eviction by government agency are occurring with greater frequency in Zambia. However, the Lands Tribunal is unable to adequately resolve these land conflicts due to its centralised nature, limited capacity and lack of public awareness. It is recommend that, guided by research, the Zambian government should consider strengthening the Lands Tribunal by decentralising it to district level, and ensure ongoing capacity building (i.e. adequate funding, ongoing training programme, sufficient transport, and adequate human resource) and awareness. Keywords: Zambia, Lusaka, state land conflict, Lands Tribuna

EFFECTIVENESS OF PUBLIC INSTITUTIONS IN ADDRESSING ILLEGAL ACQUISITION OF STATE LAND IN ZAMBIA: Case of Ministry of Lands and Kitwe Municipality

Like in a number of African countries, the issue of illegal acquisition of state land is evident in Zambia. There are public land institutions (that is, Ministry of Lands and Natural Resources and Local Authorities) mandated to deal with illegal acquisition of state land in the country. Despite the existence of the two public institutions, evidence shows a high frequency of illegal acquisition of state land in the country. Thus the key question for this paper was: how effective are these public institutions in dealing with cases of illegal occupation of land in Zambian cities?This paper aims at investigating the challenges faced by public land institutions in dealing with the illegal acquisition of state land and establishing the consequences of illegal acquisition of state land.This study has revealed that the two public land institutions face various challenges in addressing illegal acquisition of state. Challenges among others included limited provision of information on land acquisition procedure to the public, failure to address illegal allocation of land by some Councillors and council employees as well as some political cadres, and poor land record keeping. Moreover, illegal acquisition of state land had consequences which included demolition of properties, violence, disruption in land use planning, and loss of government revenue. In view of the foregoing, illegal acquisition can be addressed through: sufficient provision of information on land acquisition procedure to the public; eradicating illegal allocation of land by some Councillors and council employees as well as some political cadres; improving land record keeping by digitisation of land record keeping by local authorities and ultimately strong political will to deal with this vice

Implications of Pro-market Land Policies on Customary Land Users in Zambia: A Case of Large-Scale Land Investments in Kaindu Chiefdom, Mumbwa District

The purpose of the research is to: 1) establish whether or not the current land policies protect customary tenure in Zambia; 2) investigate the level of awareness of pro-market land policies by customary land users in Zambia; 3) investigate the impact of pro-market land policies on customary land users in view of large scale land acquisition in Zambia; 4) investigate the constraints in administering customary land in view of the large scale land acquisitions in Zambia; and 5) recommend mechanisms to put in place by government that may improve customary tenure security in view of large scale land acquisition in Zambia. Methodologically, qualitative methods (largely in-depth interviews and focus group discussions) were used to conclude that current land law and regulations regarding the large scale allocation of customary land for investment are weak and therefore unable to protect the rights of land users. In trying to achieve the objectives of the country in attracting more land based investments, communities occupying land in customary areas are increasingly being displaced without or with meagre compensation. Displacements in turn lead to socio-economic exclusion, land conflicts, tenure insecurity, and enclosures of common pool resources. We recommend the adoption of a pro-poor land policy which provides a holistic and well balanced approach to governing large scale land investments in customary settings, and establishment of mandatory village land trusts to preside over all land related matters in order to have an all-encompassing representation in decision making regarding allocation of large parcels of land

Assessment of Land Governance System in Preventing State Land Conflicts in Zambia

The purpose of the research is to assess the land governance system in preventing state land conflicts in Zambia. In order to obtain insights about the actual realities on the ground, based on a case study strategy (i.e. Lusaka District has a study area), the research examined the present status of state land governance system, and investigated the efficiency of the present state land governance system in preventing state land conflicts. Methodologically, qualitative approach supported by quantitative approach was used to conclude that the present state land governance in Zambia is dysfunctional. This land governance system is characterised by lack of land policy, defective legal framework, defective institutional framework, defective technical issues and defective operational issues. Thus, the present land governance framework is unable to prevent state land conflicts. As a result state land conflicts are occurring with greater frequency in the country in general and Lusaka District in particular. In light of the foregoing, it is recommended that, the Zambian government should consider investing in land conflict prevention measures like formulating an appropriate land policy and land laws, establish effective land institutions, and undertaking effective technical issues (i.e. comprehensive land use planning, systematic cadastral surveying, systematic land registration, and transparent land allocation), improving the government-stakeholders nexus, and improving capacity building and awareness. Keywords: Zambia, Lusaka, land governance, state land conflic

Examining the Challenges of State Land Management in Zambia

This paper examines the challenges of state land management in Zambia. In particular, the paper examines the status of the elements of state land management which include land use planning, cadastral surveying, land allocation, land registration, and land occupation. Based on primary and secondary data, this paper argues that the current state land management is weak. Land management is characterised by weak land use planning, cadastral surveying, land allocation, land registration and land occupation. These lead to high frequency of conflicts on state land such as invasion of idle or undeveloped private or public land, illegal allocation of land by some politicians and government officials, illegal land acquisition by political cadres, boundary conflicts, double or multiple allocations of land, eviction by private landlords, and eviction by government agencies. Subsequently, the high incidence of conflicts on state land leads to a high degree of tenure insecurity. In light of the foregoing, the paper provides recommendations on how the management of state land can be improved so as to minimise conflicts on state land, to enhance tenure security. Keywords: Land tenure, Land management, Land conflicts, Lusaka, Zambi

AN INQUIRY INTO THE CAUSES OF ILLEGAL OCCUPATION OF LAND IN ZAMBIA’S CITIES: A Case of Kitwe City

Like in a number of other developing countries, the issue of illegal occupation of land is evident in Zambia’s cities. This problem has continued to exist, despite the existence of laws and public institutions meant to address the issue. The objectives of this paper were to establish the factors that lead to continued illegal land occupation in Zambia’s cities, establish the consequences of illegal occupation of land, and suggest how illegal occupation of land can be eradicated. Using evidence from the city of Kitwe, the study used both secondary and primary data to conclude that illegal land occupation in Zambian cities has continued to occur due to various factors. These factors include cumbersome land acquisition procedure, high land fees, weak enforcement of development control laws, inadequate monitoring of land use, land speculation, illegal allocation of land by some city council officials and councillors, under development of rural areas, and rapid increase in urban population. Illegal occupation of land has consequences which included demolition of property, disruption in land use planning, and loss of city councils’ revenue. In view of the foregoing, illegal occupation of land can be addressed through a number of means, which include: streamlining land acquisition procedure; reducing land fees for public land; ensuring effective enforcement of development control laws; ensuring adequate monitoring of land use; eradicating illegal allocation of land by some councillors and council employees; and improving living conditions in rural areas