An Analysis of the Statutes Governing Zambia’s Land Tenure Security: Regulator And Land Investor Conflicts

Abstract

The law as it relates to land tenure plays an important role in determining the certainty of rights held in land. It has a pivotal role that promotes investment confidence and economic development. In the Republic of Zambia, there is a dual tenure system of land administration that recognises leasehold and customary tenure. While both forms of tenure are recognised by statutory law, there persists legal and institutional uncertainties that affect the security of rights held in land. Primarily, security of tenure should be adequately provided for in the statutory law that governs it. Despite the foregoing, land tenure in Zambia gives rise to conflicts between regulators and land investors in Zambia. This research examines the extent to which the recognised forms of land tenure in Zambia are considered secure. It will delve into the existing statutory and institutional frameworks that govern tenure security to provide the reader with a better understanding of the concept. This research further assesses the concept of security of tenure by identifying key characteristics of secure rights in land including, legal recognition, the certainty of outer most boundaries and the protection from third party interference among others. Ultimately, this research will analyse statutes and academic writings to assess the efficacy of Zambia’s dual land tenure system against the indicators it will identify.