This paper explores the politics of ‘customary’ land tenure, land reform, and traditional leaders in Zambia. In Zambia, as elsewhere in Southern Africa, the government at the behest of donors has implemented market-based tenure reform legislation. This legislation aims to improve the security of land tenure and to promote development through investment. The paper shows how complex, indeterminate, and contentious this tenure reform has been on the ground – particularly in relation to the 94 per cent of Zambian land that is held in ‘customary’ tenure.

The Government of Zambia is embarking on an ambitious program of legal and administrative reforms in land policy. Although the need to liberalize the land market is universally shared, the ideas on how to accomplish this transformation are not. Two decades of underinvestment in field research have resulted in the present situation of micro-level data on land tenure and farm-level production, consumption, and resource management inadequate to guide policy decisions.

Despite extensive research into rural development in sub-Saharan Africa, little is known about structural transformation1 in rural areas on the continent. Zambia was chosen as one of three case study countries2 in order to identify and to analyse rural transformation processes and their main influencing forces aiming at defining strategies and measures to influence such processes towards social inclusiveness and environmental sustainability until 2030.
Zambia shows a persisting copper-dependent mono-structure with selective transformation processes

The global finance, energy and food crises are fuelling a global rush for land in developing countries. In their search for land, political leaders and investors look to Africa as a potential food supplier for the rest of the world. However, the current trend of land liberalisation rarely offers a solution to sustainable food production and poverty reduction among smallhold farmers in rural areas, as shown by this case study.

The study has established that customary land in Zambia is enormously significant because land is central to human existence and a large proportion of Zambians depend on it for their livelihood. Customary land in Zambia is the source of food and other necessaries for human existence for the villagers whose entire spectrum of perceptions of life are rooted in the cultural configurations and heritage of rural activities. Further, the study has found that the land can be made more productive without converting it to leasehold.

Zambia recognizes two types of land tenure: customary and leasehold tenure. While historically the majority of land in Zambia has been held under customary tenure, leases (also called leasehold titles) are the only legal means of holding land rights. In 1995, a new Land Act was passed, which makes it easier for investors to acquire leasehold titles to customary land. When an investor obtains a leasehold title to customary land, the customary land reverts to the state once the lease expires and is thereafter governed by statute.

This report was commissioned by UN-Habitat to review the laws and land tenure of a selected number of southern African countries. It involved the appointment of country specialists who researched and produced country chapters for their respective countries namely, Lesotho, Mozambique, Namibia and Zambia. A regional expert was appointed to produce a regional overview to serve as a source document for the country reports, as well as provide overall coordination of the project. The project was carried out over a period of roughly one year, which began in March 2004.

Key points:

Zambia is one of the most forested countries in Africa, with about 50 million out of the 75 million hectares total land area under some form of forest cover. However, the country also has one of the highest rates of deforestation and degradation in the world, estimated at 250,000-300,000 hectares of forest loss per annum. Reversing/slowing this high deforestation and degradation trend will require the country to design and implement programs and strategies that will effectively deal with both the proximate and underlying drivers of deforestation and degradation.

The paper shows that most women in Zambia and especially in the study area suffer from insecurity in land since they do not have secure title to land under customary tenure. The results from the research which was carried out using semi structured interviews with 34 female farmers show that the majority of women farmers (62%) were not allocated land directly by headmen but got land through a male contact.

In the context of the global land rush, some portray large-scale land acquisitions as a potent threat to the livelihoods of already marginalized rural farming households in Africa. In order to avoid the potential pitfall of studying a particular project that may well have atypical effects, this paper systematically investigates the impact on commercial farm wage incomes for rural smallholder households of all pledged investments in the agricultural sector in Zambia between 1994 and 2007.

Effective recognition of customary land rights is still a challenge in Angola, as in many other African countries. Despite customary land rights of the traditional rural communities are expressly recognized in the 2004 National Land Law, very few communities in Angola have been able to register their land. In the Province of Bié, in Angola central highlands, only five customary collective land titles (called Dominio Util Consuetudinario) had been issued within the period 2004-2015.