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.
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 paper analyses the Zambian land governance system, the actors and institutions shaping it and its reaction to the new interest in farmland. We draw theories from New Institutional Economics and base our empirical analyses on expert interviews and focus group discussions conducted in Zambia.
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.
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.
This paper presents the empirical findings of a research study undertaken in the Western Province of Zambia. The principal objective was to explore if the issuance of land ownership certificates (LOCs) improves the customary landholders’ perceptions of security of tenure. Thus, we test a null hypothesis that: ‘There are no significant differences in the perceived security of tenure between customary landholders with land ownership certificates and customary landholders without land ownership certificates’.
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.
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