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.

The need for energy security and climate change mitigation have increased blending mandates worldwide; in Southern Africa, demand for biofuels could increase following South Africa’s planned blending mandates. However, land constraints limit local industry expansion, with demand likely to be met in land-abundant countries. This paper reviews the status of the biofuels industry in Zambia, as a land-abundant country, for the local and wider Southern African market. It identifies potential biofuel feedstocks as crucial elements for establishing a viable industry.

This paper analyzes the implications of copper mining in Zambia on customary rights to land and forests, and the societal stakes associated with foreign investment in the mining industry. Copper mining affects forests, and in turn the people with customary rights to those forests, in a number of direct and indirect ways, from deforestation during green site development and selective harvesting of timber to the significant but indirect pressures over forests through infrastructure development and the population pull effect of mining towns.

This study relates to an on-going debate as to whether customary African land tenure must be reformed or converted to a statutory, individualised land tenure system (often referred to as a ‘titled’ system) as a pre-requisite to agricultural development. Past arguments in favour of titling claim that traditional tenure is insecure for the small farmer and thus creates disincentives for land improvements; that it prevents land from being used as collateral for credit; and that it prevents the transfer of land from inefficient users to efficient ones.

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.

Most women in Zambia do not enjoy the same land rights as men. Zambia’s Lands Act provides support for women who hold statutory land, but the law does not apply to customary land. Most land is held under custom and most customary tenure systems do not provide women with significant land rights — even when they do, traditional institutions often do not effectively implement the rules.

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.

Customary tenure has been associated with absence of individual ownership, inadequate security of tenure, weak institutions, causing environmental degradation, and discriminating against women. These perceptions are re-looked at in the light of personal experience and observations, and literature review in the context of Zambia.

In the name of development, governments in southern Africa are reformulating land policies to facilitate privatisation of customary land rights. It is argued that this can stimulate land markets, (foreign) private investment, access to formal credit, and enhance security of tenure (by way of holding title), thereby leading to economic growth and poverty alleviation.

Key points:

Land is the most fundamental resource in any society because it is the basis of human survival. Land is the space upon which all human activities take place and provides continued existence of all life forms and minerals.

The past decade has ushered in an era of increasingly contentious land politics in Zambia, with investors, the government, and chiefs simultaneously blamed for injustices in land allocation. These conflicts over land have been exacerbated, and at times caused by the lack of transparency and available data on the status of land. While a variety of actors has real grievances with the security and efficiency of the current system of land allocation, smallholder farmers bear the brunt of the risk of continuing the status quo in land policy.