Furaha N Lugoe

Zambia-From Customary to State Land Furaha N Lugoe

Post-independence land delivery arrangements were influenced by the need to reverse perceived injustices exercised under colonialism, and for the Government to appear to be in-charge of the policy framework in general, including land policies. The starting point was to vest all land in the trusteeship of the President, remove freeholds enjoyed by the settlers, and declare the so-called crown lands as state lands. The three inherited land types were retained after independence, but under different setups. In the context of Zambia, where prices for mining products have long been depressed, but agricultural production and tourism were promising, the clear choice was diversification of the economy into the two areas. Good custodianship of land became the deciding factor and land distribution and security of tenure were brought to the forefront of Zambian policies again. At this time Government made a decision to pool together trust and reserve lands under customary tenure. Customary lands can come under statutory tenure only through legal conversion and once converted there is no reversion to be considered. Non-reversion of converted land clearly therefore, focuses on ultimately including all lands into state leaseholds and realise the essence and true meaning of vestment of land into the presidency. Government acknowledges that land administration of customary lands is particularly, not performing well when viewed in context of population growth, urbanisation, rural-urban migration, land - use, anti-corruption drive, gender equity, resource conservation, environmental protection, poverty reduction and protection of individual's rights. It is also acknowledged that the land administration system is underperforming due to inadequate mechanisms for the administration of customary land. Other reasons for underperformance include fragmentation of land delivery institutions, budgetary squeeze, centralised and concentrated services, increasing conflicts and disputes, urban sprawls, rising numbers and sizes of informal settlements, marginalized private sector involvement, as well as insecurity of tenure, corruption, fraud and lack of clear guiding principles for land administration, particularly in customary areas. There is therefore, a dire need of strengthening the system and gains abound should that be done.