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.

Approaches to securing tenure have been dominated by debates about whether titling advances secure land tenure and development in developing countries or whether it is either ineffectual or detrimental to socially more relevant systems. While the policies of many developing countries, including South Africa, continue to support titling approaches to securing tenure, there is widespread confirmation in the literature that title can be problematic for poor people living in both urban and rural areas.

Includes key features of current land policy, land law implementation – recording local rights, registering customarily held rights, knowing your rights, the public sector response, private sector and other non-customary land rights, historical land units, land concentration, benefits to local people – community consultations, the positive side of the picture.

Post-war Mozambique confronted the challenge of reforming land policy and legislation
with an innovative land law that protects customary rights while promoting investment
and development. Most rural households have customarily acquired land rights, now
legally equivalent to an official State land use right. When necessary, they can be proven
by analysing local land management and production systems, resulting in large areas

This paper is concerned primarily with the functions of land administration. Its
purpose is to describe the current land administration practices as understood by
traditional structures with a view to unpacking some of the components of the existing
African tenure arrangements in KwaZulu-Natal. This, it is hoped, will help to create a
base to understand how communal land systems operate, regardless of which structure
governs them, in order to support practices that secure tenure effectively.

Land reform in Southern Africa is currently at an impasse. This paper analyses the constraints to sustainable land reform and identifies ways and means of moving things forward. In addition, appendices to the document include country by country reviews of the status of land reform in each country, and a matrix providing an overview of current land issues in the region.The document finds that whilst some progress has been achieved with tenure reform in Botswana, Malawi and Mozambique, many challenges remain across the region, particularly for Zimbabwe, South Africa and Namibia.

Quando a Lei de Terras 19/97 estabeleceu que o direito de uso e aproveitamento da terra é adquirido por ocupação por pessoas singulares e pelas comunidades locais, segundo as normas e práticas costumeiras que não contrariem a Constituição, criou-se a ruptura com a prática legislativa em Moçambique e em muitos outros países africanos.

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.

The paper asserts that in order to be effective it is important to work with and from existing tenure systems and to build upon them, rather than expect that they can be “demolished and replaced by efficient new systems”.  Experience both here and elsewhere in Africa also tells us that attempts to change tenure tend to result in a “defaulting” back to what is known, often with increased confusion and conflict over procedures and adjudication authorities.

For a long time the issue of land and related problems has been debated mostly by academicians, politicians and professionals. Although the problem has remained more or less one of the most talked of in Kenya, the public has very often been left out of the debate. Again mostly the debate has been dominated more by complaining about either the lack of policy or the bad land policies and laws and the failure by successive governments to correct those problems.

This archival paper takes a hard look at the claim that Communal Property Institutions established as part of South Africa's land reform programme are failing. It argues that there are no meaningful indicators against which assessments of success or failure can be made. It asserts that the tenure security of the group and its members should be the primary purpose of land reform CPIs because secure tenure is the primary mechanism for reducing risk for vulnerable people and is the universal need of the group.

To provide for the temporary protection of certain rights to and interests in landwhich are not otherwise adequately protected by law; and to provide for matters connected therewith.