Is the Social Tenure Domain Model a Suitable Land Reform Tool for Zambia’s Customary Land

Abstract

Security of tenure is a key aspect of responsible land administration and land management. Land tenure reforms are complex, and require financial as well as human resources to produce effective results. In Zambia, tenure reform has been hampered by lack of resources, as well as the relationship between statutory tenure and customary tenure under the dual land tenure system that has been inherited from the colonial era. The two tenure systems have been existing alongside each other, creating a number of conflicts such as one system being superior to the other. The introduction of STDM as a flexible form of tenure using formal as well as informal rights is a possible solution to equate the rights held under statutory and customary tenure. This chapter examines how STDM has been piloted in certain customary areas to improve tenure security and resolve land disputes. The methodology adopted for this chapter is a qualitative approach using decided cases to evaluate the possibility of STDM resolving conflicts between statutory and customary tenure. The initial findings show that STDM as a fit-for-purpose approach will not only assist in resolving land disputes, but will guide land tenure reforms through an approved land policy. Request access from author on fatima.mandhu@zcasu.edu.zm