Abstract

The Land tenure system in Zambia is divided in the following administrative segments: colonial period 1880-1964; immediate post independence 1964-1975, post independence period of one party political administration 1975-1991; and the liberalization period of multiparty government of post 1991, with emphasis on the implications of the 1995 Lands Act. Generally, each period of land tenure administration provided local people relative opportunities and challenges. The aim of this study was to establish the history of, opportunities to and challenges faced by local people in Chibombo district emerging from the 1995 Lands Act. Primary data was obtained through questionnaires, interviews and observations between August 2008 and 2012 involving 60 smallholder farmers around Chibombo (39 respondents) and Mungule (21 respondents) areas of Chibombo district. Through this study it was concluded that several individuals, from within Chibombo district and elsewhere, had obtained title deeds on customary land based on the 1995 Lands Act. Dominantly, among the local people who managed to obtain title deeds to their pieces of land over 70 percent were men. Furthermore, through this policy shift new investments emerged on customary land including a cooking oil processing plant, filling stations and lodges, among others, and the local people benefitted through employment creation, improvements to their houses, purchase of solar panels, radios, cell phones and others. On the contrary, others reduced their land hectarage through selling of parts of their land for money, some relocated from their previous residence and evidence of land boundary conflicts was recorded. Therefore, a mixture of opportunities and challenges emerged from the introduction of the 1995 Lands Act.

Highlights

  • 1.1 General Introduction and BackgroundThis study intended to provide an analysis of the implications of the 1995 Lands Act in Zambia

  • Secondary data about land administration in Zambia emanating from various Acts, including the 1995 Lands Act, and other pieces of legislation from elsewhere in the world was obtained from textbooks, journals, Acts and other documents at the University of Zambia, Nkrumah University, the Ministry of Lands and Natural Resources, and Chibombo district council

  • According to Adams (2003) land laws fall in two categories: modern customary land law originating from indigenous traditions of Zambians; and leasehold, emanating from English common law of the Commonwealth

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Summary

Introduction

This study intended to provide an analysis of the implications of the 1995 Lands Act in Zambia. In order to achieve this goal, the study examined the prior Land Acts in Zambia from pre independence years of colonialism (1890–1964), through the period of one party rule of the United National Independence Party (UNIP) led by Dr David Kenneth Kaunda (1964–1990), up to the time of economic liberalization and multi-party politics under the administration of the Movement for Multiparty Democracy (MMD) led by Dr Frederick J. In contrast to the one party period in which the various Land Acts placed no economic value on land apart from the sale of improvements made on land, the 1995 Land Act did that (GRZ, 1995). Emphasis is laid on land holding rights to individuals and corporate bodies, and the resulting opportunities and challenges

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