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.
Macha Mission in Choma District of Southern Province, Zambia was founded by the Brethren in Christ (BIC) Church in 1906 and granted title deeds to 3,003 hectares of land by the British colonial authority of the time. Since then the Mission has built a church, a hospital (which today includes a pioneering malaria clinic), two schools, and houses for its workers. A large market has grown up near the hospital, serving local workers and hospital visitors.
The purpose of the research is to: 1) investigate the interpretation of the sections in the Lands Act of 1995 that provide for the statutory recognition on one hand, and conversion of customary land, on the other; and 2) discuss the effects of the said sections on customary landholders. Methodologically, qualitative methods (largely in-depth interviews) were used to conclude that governments in sub-Sahara Africa are the architects of tenure insecurity because they (knowingly or otherwise) enact laws that are contradictory or conflicting in nature.
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.
All land in Zambia is vested in the president, in trust for the people of Zambia, under the Land (Conversion of Titles) Act, 1975 (see p.16), SECTION4.The president has delegated landadministration to the Commissioner of Lands under Statutory Instrument No. 7 of 1964 and GazetteNotice No. 1345 of 1975, as amended. Land in Zambia is divided into State (formerly crown),Reserve, and Trust Lands, as well as park reserves.
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.
Land, and in particular agricultural land, is central to livelhoods in rural Zambia. Zambia is characterised by a dual legal system of customary and statutory law and by dual land tenure, with state land and customary land. A first wave of socialist-oriented reforms took place after independence in 1964, which abolished previously existing freehold land in favour of leasehold. Subsequent changes in government policies under the influence of structural adjustment programmes and a new government in 1991 paved the way for a market-driven land reform.
Government has been implementing the Land Resettlement Programme for over twenty four (24) years, focusing mainly on land resettlement for agricultural purposes without a comprehensive policy and legal framework. This has caused a number of challenges including lack of a coordination mechanism at higher level of Government in the implementation of the land resettlement programme, land disputes and low levels of infrastructure development and service provision in the resettlement schemes.
This report produced by Centre for Policy Research (CPR) a comprehensive and systematic study of Supreme Court cases on land acquisition from 1950- 2016 and examined particular conflicts involving major dams, special economic zones, housing complexes and industrial projects. It highlight the legal trajectory of land acquisition in India and attempt to provide deep understanding on how disputes over land are actually adjudicated in the Supreme Court and nature and pattern of litigation.
An Act to deal with undertaking survey and settlement operations in the State by adopting modern technology to minimize the time span without compromising the quality, transparency and grievance redressal and related matters.
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