Zambia - Context and Land Governance

The Land Acquisition Act of 1970 inspired the ‘zambianisation’ (nationalisation) program, which sealed the deal of the 1975 Land (Conversion of Titles) Act ] that halted freehold tenure system in Zambia [4]. All land in Zambia has since then been vested in the President, who holds it in perpetuity on behalf of the Zambian people [3].

The Lands Act 1995 allowed for conversion of customary land into leasehold titles, thereby creating land markets and causing a surge in land transactions in the country [5]. Consequently, through a Presidential Decree passed in 2002, it became possible to establish farm blocks on customary land in nine provinces. Property rights are conceived as social conventions by which individuals legally lay a ‘claim to a benefit or income stream that the state will agree to protect through the assignment of duty to others who may covet, or somehow interfere with, the benefit stream’ [10]. Constitutionally, land in Zambia cannot be owned [11]. Occupants only have access and user rights. In addition, the right to land does not include the right to access and use forests and related resources. The rights to land are not permanent as the President can, if deemed to be in national interest, expropriate the land [11]. The occupant in this case is constitutionally obliged to yield. The occupant can submit claim to the Minister of Lands who will respond to serve the claimant with a notice to yield within a period not less than two months, but subject to how urgently the land might be needed as certified by the President.  When titled state land is acquired in this manner, the occupant must be monetarily compensated from Parliamentary funds established for this purpose, otherwise, they are compensated through “a grant of other land not exceeding in value the value of the land acquired, for an estate not exceeding the estate acquired and upon the same terms and conditions, as far as may be practicable, as those under which the land acquired was held" [12].

The draft Lands Policy (2015) acknowledges the bias the current land administration has towards state land, and the informality of customary land [13]. The Policy proposes a comprehensive land management system that recognises that customary land rights have the same weight and validity as those held under leased land. Moving forward, the government intends to invest in land reforms focusing on land mapping, auditing and titling to streamline land administration and management, make it more robust, transparent and ensure efficient land allocation [14]. Occupants on titled land have to pay taxes in form of land rents, and therefore, this process broadens the revenue collection base of the government.

Zambia is one of the countries where the scope of large scale land acquisitions (LSLAs) is hard to understand. There is lack of data on the scope of land acquisitions [23]. Nonetheless, land is being given out to foreign investors, particularly of Chinese origin who are able to go to rural areas where others are reluctant to go. National elites are also involved. There has been a scramble for land in Zambia that has not been controlled despite calls from civil society organisations, including the President himself.

With the intention to promote investments, the government gave the mandate to Zambia Development Agency to look for investors to invest in land. The government itself has therefore, been an agent promoting LSLA. However, since land administration is restricted to state land, many investor choose to deal directly with traditional authorities who they corrupt with some money far below the value of land. These investors can start developing the land even before the title deeds are granted through the government land administration channels. While there is a level of legal order in the administration of state land, there is none on customary land where LSLAs actually happen.

Constitutionally, where the beneficiary is entitled, they are compensated "in respect of the unexhausted improvements on unutilised land, provided that such compensation shall be limited to the value, for the purpose for which the land is acquired, of such unexhausted improvements" [12].  For compensations involving customary land, it is a negotiation between the affected communities and the investor. This poses problems because of the power differentials between communities who are poor with humble education levels, if any, and the investors who have the financial stamina, educated and know the value of land and mostly connected to government officials. Reports from Nansanga farm block and Kalumbila mine indicate that communities do not receive what they are promised in terms of compensation [24]. Even when communities are promised what to be given, they are often not considered equal partners in land investment projects. Currently, despite the wave of LSLAs in the country and huge media coverage on it, the Ministry of Lands where the presiding authority in land matters sits, is only a stakeholder in the resettlement policy for people disadvantaged due to LSLAs [15]. With multiple stakeholders, the lead institution in the resettlement policy is the Office of the Vice President through the Department of Resettlement. Rights of smallholders are not adequately protected in the country [13].

"the current statutory laws do not discriminate against anyone on the basis of gender. The Government has however, recognised that women still lack control over land especially in customary areas as opposed to lacking access that they gain through their male relatives. The reason for this lies in customary practices." [20] [25]. The National Agricultural Policy, the draft Lands Policy and the Lands Acts 1995 and 2015 are also written in gender-neutral [26]. However, due to economic factors, ideology and power differentials [27] women do not enjoy the same opportunities of access to properties in general, and to land in particular. When land is being leased, one of the conditions is proof that the interested party is capable of developing the land. However, many women especially in rural areas do not have the same level of access to financial means to favourably compete with men.

Some cultural norms do not grant women land rights that are equal to those of men. Women in patrilineal societies with virilocal marriages do not have title to land, and those in uxorilocal marriage communities, male family members control the use of the land [26].  Additionally, women on customary land, de jure and de facto, do not benefit from any legal protection because customary land does not have any legal institutions and frameworks to administer it [15]. In terms of accessing financial services that would need land as collateral, women on customary land are therefore, unable to access the services. They may live onvaluable but not valued land because the land lacks legal documentation. Socio-economic disparities, cultural norms and lack of legal documentation for customary land pose challenges to women regarding their access to land. 

The law recognises these challenges and views women as victims. Currently, Intestate Succession Act 1989, the National Gender Policy 2000, the Climate Change Gender Action Plan 2016, the Marriage Act, the Village Act and the Mining Act constitute important legal provisions on gender in the country [26][28]. The draft Land policy (2015) has proactively guided that 30 percent of state land will be allocated to women, and 70 percent will be competed for by both men and women [28]. To reflect the socio-economic disadvantaged positions that women have, the government proposed in the Sixth National Development Plan that there be increased representation of women in decision-making positions and in formal employment from 21 percent in 2010 to 30 percent in 2015 [29]. Due to poor policy implementation, when land is acquired, women are disproportionately affected. Household responsibilities are highly gendered in rural areas.  Collecting firewood for domestic use depends on having access and user rights to land and associated resources. This is a woman’s responsibility, culturally. Generally, women are confined to responsibilities that are not as economically rewarding as those of men. Women hold higher proportion of seasonal jobs compared to men who hold more permanent positions on out-grower farms [29]. Land problems primarily affect women’s abilities to improve themselves, provide for families and to care for children. In this way, LSLAs exacerbate the vulnerable socio-economic situation of women, locking them further in the cycle of poverty that most investments on land promise to get them out of. Improving the precarious women-land relationship in the country will require eliminating the cultural norms that hinder female participation in land rights, providing land rights information, ensuring legal protection of customary land tenure, and improving land administration and enforcement of policies such as the 30 percent land allocation to women in the National Gender Policy 2000 [28]. 

Browse the FAO gender and land rights database for more information on gender and land in Zambia.

Zambia is one of the countries where the scope of large scale land acquisitions (LSLAs) is hard to understand. There is lack of data on the scope of land acquisitions [23]. Nonetheless, land is being given out to foreign investors, particularly of Chinese origin who are able to go to rural areas where others are reluctant to go. National elites are also involved. There has been a scramble for land in Zambia that has not been controlled despite calls from civil society organisations, including the President himself.

With the intention to promote investments, the government gave the mandate to Zambia Development Agency to look for investors to invest in land. The government itself has therefore, been an agent promoting LSLA. However, since land administration is restricted to state land, many investor choose to deal directly with traditional authorities who they corrupt with some money far below the value of land. These investors can start developing the land even before the title deeds are granted through the government land administration channels. While there is a level of legal order in the administration of state land, there is none on customary land where LSLAs actually happen.

Constitutionally, where the beneficiary is entitled, they are compensated "in respect of the unexhausted improvements on unutilized land, provided that such compensation shall be limited to the value, for the purpose for which the land is acquired, of such unexhausted improvements" [12].  For compensations involving customary land, it is a negotiation between the affected communities and the investor. This poses problems because of the power differentials between communities who are poor with humble education levels, if any, and the investors who have the financial stamina, educated and know the value of land and mostly connected to government officials. Reports from Nansanga farm block and Kalumbila mine indicate that communities do not receive what they are promised in terms of compensation [24]. Even when communities are promised what to be given, they are often not considered equal partners in land investment projects. Currently, despite the wave of LSLAs in the country and huge media coverage on it, the Ministry of Lands where the presiding authority in land matters sits, is only a stakeholder in the resettlement policy for people disadvantaged due to LSLAs [15]. With multiple stakeholders, the lead institution in the resettlement policy is the Office of the Vice President through the Department of Resettlement. Rights of smallholders are not adequately protected in the country [13].

Zambia is both urbanized and highly regionalized on tribal lines. Areas far from urban centres are still very less mixed with people from other parts of the country. This holds together the social and cultural fabric of communities. Opening up these areas to investments has introduced new elements in the areas that have weakened that sense of social and cultural belonging, thereby weakening the social capital of communities. Other impacts include exposure to diseases, transformation of income sources and livelihoods in general, and loss of access and user rights to land, forests and associated resources [23].

Zambia has pro-investor policies, and the country is endowed with natural resources that attract investors. About 40 percent of freshwater in the Southern region moves through Zambia. The country has also a history of being a peace haven in the region, a home to many refugees from the great lakes region. It is a politically stable country, guaranteeing security for investments. With over 70 percent of the population involved in agriculture, labour is not only cheap, but it is also abundantly available. Since government institutions are generally weak, some investors take advantage to do business cheaply by cutting corners that would otherwise increase their operational costs. Consequently, the levels of land degradation from deforestation and forest degradation are quite unprecedented. On the Copperbelt, for example, the Kafue River is polluted by mining operations. Tailing dams are also a concern. The phenomenon of squatters in peri-urban areas has also been on the rise due to uncontrolled land allocation and lack of land use planning [23].

In Zambia, there is rampant illegal land allocation, particularly in peri-urban and rural areas on customary land. The Ministry of Lands is institutionally under-staffed. To make up for this, the Ministry works with local councils at lower administrative levels to handle land related matters [20]. The media reports are ubiquitous on abuse of power by some local authorities in illegal land allocation. There is also political interference from political sympathisers (cadres as they are called) of the ruling party in land administration.

Regarding gaining leasehold title on customary land, land acquisition is a negotiation with a traditional authority. Upon agreement, the chief issues an approval letter which is taken to the District Council. At this stage, the Chief’s role ends. The District Council sends a recommendation letter to the Commissioner of Lands, who either approves the request, or for requests involving more than 1,000 ha, submits a letter to the President for his approval [18]. In reserve lands, Zambian nationals are eligible for 99 years of leasehold, and 99 years of occupancy rights in trust lands [19]. The Lands Act 2015 does not spell out any specifics about compensation for local communities whose land is acquired for investments. This remains a matter of negotiation between the parties involved. After the lease is issued and signed by the applicant, it is returned to the Lands Commissioner for the issuance of the title deed from the registrar [19]. Once the applicant is in receipt of the lease from the Commissioner of Lands, every lessee is required to take up residence on the holding within 6 months of the commencement of the lease failure to which land is forfeited [20].  Under weak land governance in Zambia [21] the laxity in the application of the law is giving rise to conflicts between local communities and land lessees as investors [23].

[1] Adams, M. (2003). Land tenure policy and practice in Zambia: issues relating to the development of the agricultural sector. Draft Document for DFID. Lusaka, Zambia. http://www.mokoro.co.uk/files/13/file/lria/land_tenure_policy_and_practice_zambia.pdf

[2] Smith, R. E. (2004). Land tenure, fixed investment, and farm productivity: Evidence from Zambia’s southern province. World Development, 32(10 SPEC.ISS.), 1641–1661. https://doi.org/10.1016/j.worlddev.2004.05.006

[3] Malambo, A. H. (2014). Land Administration in Zambia After 1991: History, Opportunities and Challenges From the 1995 Lands Act. Journal of Geography and Geology, 6(1), 139–154. http://landportal.info/library/resources/land-administration-zambia-after-1991

[4] Ng’ombe, A., Keivani, R., Mattingly, M., & Stubbs, M. (2014). Impacts of Privatization of Customary Land Rights in Zambia: A Comparative Study of Rural and Peri-urban Locations. International Journal of Urban and Regional Research, 38(6), 1985–2007. https://doi.org/10.1111/1468-2427.12184

[5] Nolte, K. (2014). Large-scale agricultural investments under poor land governance in Zambia. Land Use Policy, 38, 698–706. Availabe at: http://landportal.info/library/resources/large-scale-agricultural-invest...,

[6] Kaluba, A. (2016). “Inheriting a field or feud: land crisis in Zambia” in Times of Zambia of December 25, 2016. http://www.times.co.zm/?p=91481

[7] Lusaka Times (2017). “PF suspends 8 members over illegal land allocation” in Lusaka Times of April 13, 2017.  https://www.lusakatimes.com/2017/04/13/pf-suspends-8-members-illegal-land-allocation/  

[8] Times of Zambia Newspaper. (2017). “Kudos to Sirpryze for Samfya resort plans” in Times of Zambia of July 18, 2017

[9] Zainab, P. (2016). Zambia National Farmers Union’s Zambian Farmer Magazine, August 2016 Issue

[10] Sjaastad, E., & Bromley, D. W. (2000). The prejudices of property rights: On individualism, specificity, and security in property regimes. Development Policy Review, 18(4), 365–389. https://doi.org/10.1111/1467-7679.00117

[11] (GRZ). (2016). The Constitution of Zambia (Amendment) http://landportal.info/library/resources/landwiserecord915item986/zambia-constitution-constitution-republic-zambia

[12] GRZ. (2006). Chapter 189 of the Lands Acquisition Act. Available at: http://landportal.info/library/resources/lands-acquisition-act1970

[13] Mushinge, A., & Mulenga, S. (2016). Legal Pluralism and Tenure Security: Exploring the Relationship between Statutory and Customary Land Tenure in Zambia. International Journal of Social Science Studies, 4(3), 7–17. http://landportal.info/library/resources/issn-2324-8033-e-issn-2324-8041/legal-pluralism-and-tenure-security

[14] Government of Zambia (GRZ). (2017). The Seventh National Development Plan. Available at: http://landportal.info/library/resources/seventh-national-development-pl...

[15] Machina, H. (2002). Women’s Land Rights in Zambia : Policy Provisions , Legal Framework and Constraints. Available at:  http://landportal.info/library/resources/landwiserecord701item751/women%E2%80%99s-land-rights-zambia-policy-provisions-legal

[16] Üllenberg, A., Minah, M., Rauch, T., Richter, D., and Beckmann, G. (2017). Zambia : Towards Inclusive and Sustainable Rural Transformation. Available at: http://landportal.info/library/resources/1433-4585/zambia 

[17] Spichiger, R., and Kabala, E. (2014). Gender equality and land administration: the case of Zambia. DIIS working paper. Available at: http://landportal.info/library/resources/landwiserecord2623item2645/gend...

[18] German, L., Schoneveld, G., and Mwangi, E. (2013). Contemporary Processes of Large-Scale Land Acquisition in Sub-Saharan Africa: Legal Deficiency or Elite Capture of the Rule of Law? World Development, 48, 1–18. https://doi.org/10.1016/j.worlddev.2013.03.006

[19] Bruce, J. Kachamba, F. and Hansungule, M. (1995). Land Administration in Zambia: Processes and Constraints. Available at: http://landportal.info/library/resources/land-administration. 

[20] Roth, M., Smith, S. G., (1995). Land Tenure, Land Markets, and Institutional Transformation in Zambia, an LTC research paper. Available at: http://landportal.info/library/resources/agrisus201300111907/land-tenure-land-markets-and-institutional-transformation.

[21] Loenen, B. van. (1999). Land Tenure in Zambia. Available at: http://landportal.info/library/resources/land-tenure-zambia. 

[22] FAO. (2015).  Zambia FAO Stat: Land use and Agricultural Inputs http://zambia.opendataforafrica.org/yuyskrf/zambia-fao-stat-land-use-and-agricultural-inputs

[23] Munshifwa, E. K. (2017). Land grabbing and peri-urban development. Available at: http://landportal.info/library/resources/land-grabbing-and-peri-urban-development

[24] Sambo, P., Haywood, C., Wardell, D., & Kibugi, R. (2015). Enabling legal frameworks for sustainable land use investments in Zambia: Legal assessment report. Available at: http://landportal.info/library/resources/ciforsustainablelanduseinvestme...

[25] GRZ. (2006). Draft Land Administration and Management Policy. Available at: http://landportal.info/library/resources/draft-land-administration-and-m...

[26] Nkonkomalimba, M. (2014). Land administration in Zambia: Gender profile. http://zambiagovernance.org/wp-content/uploads/2017/02/Land-rights-factsheet-PDF.pdf 

[27] Lastarria-Cornhiel, S. (1997). Impact of Privatization on Gender and Property Rights in Africa. World Development, 25(8), 1317–1333. https://doi.org/10.1016/S0305-750X(97)00030-2

[28] Zambia Land Alliance (2015). Submissions to the Committee on Lands, Environment and Tourism on the Women's Rights to Land in Zambia www.zla.org.zm/.../SUBMISSION-TO-THE-COMMITTEE-ON-LANDS-Gender1.doc. 

[29] Wonani, M. Mbuta, S.W., and Mkandawire, M.A. (2013). The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities: A Case Study of Selected Agricultural Investments in Zambia. http://landportal.info/library/resources/landwiserecord1844item1859/gender-and-equity-implications-land-related-investments.