Limitation of Landownership in Zambia
ISSUE:
A) Common and statutory law limitations of landownership in Zambia; and (B) the legality of Compulsory Acquisition.
AUTHOR: KATALILO JOY
(A)
INTRODUCTION
This is a paper discussing the limitations imposed by law (common and statutory) on land in Zambia.
Land in Zambia is governed using the Land Act Chapter 184. According to section 3(1) of the Land Act, all land in Zambia is vested in the President who is to hold it forever on behalf of the people of Zambia[1].
The President is empowered by the Land Act to alienate land to any Zambian or non-Zambian. The conditions under which the President can alienate land to a non-Zambian are set out under Section 3(3) of the Land Act. In particular, the President can alienate land to a non-Zambian, inter alia, when the non-Zambian is a permanent resident in Zambia or is an investor as defined by the Investment Act or any other law relating to the promotion of investment in Zambia.
Taking note of the fact presented by section 3(1) of Chapter 184, land ownership in Zambia is thus not absolute. Land is given to a person (corporate or individual) on rental basis. This makes those having “ownership” of land in Zambia have an interest in the land in that they will possess that interest but will not own the land. In this regard, land in Zambia is alienated on tenure basis as leasehold or customary.
A leasehold is defined as a right to hold or use property for a fixed period of time at a given price, without transfer of ownership on a basis of a lease contract. This definition is in line with the sense contained in section 3(1) of the Land Act in that land given under this method is rented out to one for a period of 99 years and the recipient is expected to pay a price in form of, among others, ground rates to the Government of the Republic of Zambia. This aspect is confirmed in section 4(1) of the Land Act which forbids the President from alienating land when no consideration is given in money form for
A) Common and statutory law limitations of landownership in Zambia; and (B) the legality of Compulsory Acquisition.
AUTHOR: KATALILO JOY
(A)
INTRODUCTION
This is a paper discussing the limitations imposed by law (common and statutory) on land in Zambia.
Land in Zambia is governed using the Land Act Chapter 184. According to section 3(1) of the Land Act, all land in Zambia is vested in the President who is to hold it forever on behalf of the people of Zambia[1].
The President is empowered by the Land Act to alienate land to any Zambian or non-Zambian. The conditions under which the President can alienate land to a non-Zambian are set out under Section 3(3) of the Land Act. In particular, the President can alienate land to a non-Zambian, inter alia, when the non-Zambian is a permanent resident in Zambia or is an investor as defined by the Investment Act or any other law relating to the promotion of investment in Zambia.
Taking note of the fact presented by section 3(1) of Chapter 184, land ownership in Zambia is thus not absolute. Land is given to a person (corporate or individual) on rental basis. This makes those having “ownership” of land in Zambia have an interest in the land in that they will possess that interest but will not own the land. In this regard, land in Zambia is alienated on tenure basis as leasehold or customary.
A leasehold is defined as a right to hold or use property for a fixed period of time at a given price, without transfer of ownership on a basis of a lease contract. This definition is in line with the sense contained in section 3(1) of the Land Act in that land given under this method is rented out to one for a period of 99 years and the recipient is expected to pay a price in form of, among others, ground rates to the Government of the Republic of Zambia. This aspect is confirmed in section 4(1) of the Land Act which forbids the President from alienating land when no consideration is given in money form for