An analysis and review of the legal complexities of land governance in the context of customary law in South Africa and Zambia

The statutory legal systems in South Africa and Zambia are generally considered superior to customary laws and practices. Despite the co-existence of legal systems in both countries, it cannot be assumed that they receive equal recognition or status. Over the years, efforts to understand customary land rights in these two countries have leaned towards the statutory legal system. Each system's assumptions and underlying principles are different and cause problems when the two interact. In particular, these conflicts are significant when applied to customary land governance, especially when it aims to provide tenure security. Therefore, the dynamics of perspectives in co-existing legal systems require deeper understanding to frame approaches that lead to the realisation of customary land rights. This thesis is a comparative study of customary land governance in South Africa and Zambia. It investigates results and provides a prescriptive framework for land governance in South Africa and Zambia. This will provide insight and draw best practices between the two legal systems. The thesis argues that insisting on western legal approaches in the governance of customary land tenure misguides the development of customary law. The thesis also critically questions the dominant application of western principles and theories in law in the governance of customary land tenure.Private LawLL. M

Large-scale land acquisitions in Zambia: Evidence to inform policy

Land in Zambia plays a vital role in sustaining livelihoods, ensuring food security and reducing poverty. If people are not able to access land (including communal interests, such as lands for grazing or access to water resources), they will be unable to secure rights over their land, participate in decisions over land that they occupy or use, or undertake diverse activities that improve their livelihoods, such as farming and fishing. This can contribute to increased poverty levels and may lead to food insecurity. Promoting good land governance in the process of allocating land for development and managing the different interests and competing claims to land is essential in protecting the livelihoods of many Zambians who depend on land

Large-scale land acquisitions, displacement and resettlement in Zambia

The increase in demand for land can be attributed in part to rising incomes among middle-class Zambians, but also to the Zambian government’s drive to boost economic growth and reduce poverty by attracting foreign investors. This increase in leasing and selling land shows substantial demand in a context of increased land scarcity. Cases of unjust displacement, where households are forced off their land without their consent and without compensation, have been widely reported. There are, however, also instances where communities have resisted displacement

Large-scale land deals in Southern Africa: voices of the people

This book presents case studies of large-scale land deals in Southern Africa. It aims to provide an accessible and vivid window into the lived realities and responses of rural people who are affected by such deals. For this reason, it pays particular attention to what local people say, and has quoted their experiences and responses to the land deals. The book emerges from an action research project implemented by the Institute for Poverty, Land and Agrarian Studies (PLAAS) at the University of the Western Cape, South Africa, in partnership with non-governmental organisations in five Southern African countries: LandNet in Malawi, Kuwuka Juventude Desenvolvimento e Advocacia Ambiental in Mozambique, Legal Assistance Centre in Namibia, Zambia Land Alliance in Zambia and Ruzivo Trust in Zimbabwe. The joint project, entitled Commercialisation of Land and ‘Land Grabbing’ in Southern Africa: Implications for Land Rights and Livelihoods in Southern Africa, involved not only documenting what was happening on the ground but also action research, together with the communities, in negotiations, lobbying and meetings with investors and with government institutions