Impact of Land Act of 1995 on Customary, State and Church Lands

Abstract

The article sets out to examine the concept of customary or traditional land within the context of Zambia’s dual land system that is categorized as: customary/traditional land. In turn, the traditional land is controlled, allocated, and regulated through the Chiefs. Then there is formal land that is owned and controlled by the State through the Commissioner of Lands who works in consultation with the Ministry of Land and Natural Resources, in conjunction with the Ministry of Local Government and its District Councils. The article will thus examine the history of dual land system in Zambia; and will further evaluate the Land Act of 1995, whose purpose was to propose a wave of new land system reforms. The latter was intended to establish a more efficient system of land tenure conversion in Zambia. The article also examines the administration of conversion process of traditional/customary and State land. The article sets out on the premise that without effective tenure conversion policies in administering land, sustainable development in both traditional or customary and State areas will be hampered. To this effect, the issue of boundaries in customary or traditional communities will be discussed as a way of building territorial integrity and land management in customary land, through cadastral surveys that is apparent with the rise in population and demand for market-based activities in rural areas. The article will argue that without clearly defined systems of administration and demarcation of boundaries, between customary/traditional and State/formal lands in Zambia, this process will be prone to more land conflicts hindering socio-economic progress. Hence, the aim of the article is to investigate how the United Church of Zambia’s land has been administered and managed, considering the fact that most of its land is based both in customary/traditional areas that are controlled by the Chiefs and formal or State lands that are largely controlled by the government institutions. The methodology that will be used in or der to examine how the United Church of Zambia manages and administer its land will be qualitative methodology. The article will conclude that there is need for the United Church of Zambia to develop a land management policy that will assist the Church to manage and administer its lands that is both located in the traditional and government areas. Above all, the Church needs to ensure that leasehold conversion that is both customary and traditional authorities through the local Chiefs and the government through its Ministry of Land and Natural Resources, Commissioner of Lands, together with the Ministry of Local Government are legitimately acquired.