Why are there delays in the registration system, and how ought they be corrected? Is expanded
registration a panacea, or have abuses at central and local levels resulted in land grabbing, land
concentration, and inefficient land utilization by elites in pattern with the experiences of other African
countries at similar stages of development? Is the veritable land rush underway creating resource
degradation problems on arable farm land? What natural resource concerns are emerging in newly
opening frontier areas?
The Movement for Multiparty Democracy (MMD) government is calling for the
institutionalization of a modern, coherent, simplified, and relevant land code and land administration
system that: ensures the fundamental right to private ownership of land; creates a more efficient land
delivery system; restores the confidence of investors; merges the now disparate pieces of legislation
for reserve and trust lands; facilitates the varied development needs of the country; attaches economic
value to undeveloped land; encourages private real estate agency business; promotes the regular
issuance of title deeds to productive landowners in both rural and urban areas; and, clears the current
backlog of cadastral surveys and mapping.' This paper was contracted by the US Agency for
International Development and the MOL to identify current land market constraints as a basis for
designing an action plan to assist the government with land policy reforms.
B. Outline of report
This chapter provides a general overview of the history of land policy in Zambia and critiques
selected pieces of land legislation that define the legal framework governing land rights and land
markets in the country. Legal and institutional impediments to the development of a market-oriented
land policy are identified along with concrete recommendations for short- and long-term legal and
institutional reforms. An institutional profile of ministries and agencies responsible for designing,
promulgating, and implementing the various dimensions of land policy is briefly reviewed. Principal
land policy issues confronting policymakers in Zambia are identified, setting the stage for more
detailed analyses of land administration processes, leasehold demand, land markets, and land valuation
in subsequent chapters.
Chapter 2 presents a thorough review of land registration procedures starting with the roles
and activities of the chiefs and rura,l councils’ and ending with the issuanceofthetitlecertificateby
the Commissioner of Lands. Emphasis is given to evaluating the issuance of leaseholds in previously
undemarcated State, Reserve, and Trust Lands. The chapter further examines the causes of delays in
the leasehold process, explores ways for streamlining registration processes, proposes legislative and
administrative changes, and identifies future research needs.
Chapter 3 focuses on the assimilation and analysis of data on official title issuances and
transfers in State, Reserve and Trust Lands. Data are assembled on the number and size of property
transfers and land prices as a basis for gauging land value and economic ground rents. Changes in
agrarian structure based on available regional and national data from annual surveys are also evaluated
to assess the net growth in the number of farming units by land tenure category, trends in farm size,
and growth of demand for leasehold property.
3
Since the MMD government came to power, value to land has been recognized and amendment to the law is being effected.
° Herein, the term council or rural council is used in place of district council. The latter, while frequently cited in
regulations, is discontinued as two or more councils sometimes exist in the same district.