15
Land consisted of land earmarked for European settlements and mining along a narrow strip of about
20 to 30 miles on either side of the railway line from Livingstone to the Copperbelt, including thin
pockets of land near Chipata, Mbala, Mukushi, Mumbwa, and Mwinilunga.
A. Tenure on State Lands
Land alienation for white settlers along the rail line was initially framed in terms of freehold
tenure for a preliminary period of 5 years during which personal occupation and development of the
alienated land was mandatory. In other areas, farms were alienated to settlers for periods not
exceeding 99 years, while leases for ranches over 6,000 hectares were issued for terms not exceeding
30 years (Chinene et al. 1993). Considerable disaffection with freehold tenure arrangements eventually
led to a review of land policy by the Eccles Land Tenure Committee in 1943. The committee
recommended that the freehold system be displaced by a 99-year lease on grounds that it ensured
greater control over land by the state. The Legislative Council approved this in 1946. Extensive
changes in the ownership of state agricultural land accompanied the Land Ordinance in 1956 that
introduced the "concept of progression" whereby a farmer who performed satisfactorily could upgrade
tenure from leasehold to freehold. This ordinance was later repealed and succeeded by the present
Agricultural Lands Act.
The present framework for the administration of State Lands (former European sector) for
commercial farming is the Agricultural Lands Act of 1960 (CAP 292). This act provides for the
establishment of an Agricultural Lands Board appointed by the minister of Lands and Natural
Resources and prescribes its composition, membership, powers, and functions.' It also provides for
the alienation of agricultural land, preparation of schemes, application process for allotted land,
criteria for reviewing applications, duration of lease, rents, and conditions of use. It further provides
for the development of tenant farming schemes, including scheme creation, conditions for terminating
residency, and regulations. The act is framed to carry forward, and deal with, fee simple titles and
leaseholds in State Land from previous registrations (SECTION i.3). 9 New allotments to applicants are
decided upon by the Land Board (SECTIONS II.4 to II.9), and, if approved, alienated by the president
to the lessee for a duration of 30 years (SECTION III.19). Every lessee is required to take up personal
residence on the holding within 6 months of the commencement of the lease, or as otherwise agreed
by the board (SECTION III.21). Use conditions are specified, including (as approved by the board)
annual cultivation of some portion of the plot, maintenance of stock, or development of
dipping/spraying facilities, paddock fencing and water supplies as considered adequate by the board
(SECTION 111.21). The lessee, while allowed to use timber from the holding for own farming or
domestic purposes, is prohibited from selling or removing any timber without the president's consent
(SECTION II1.23). A lessee is not entitled to assign, sublet, mortgage, charge, encumber, enter into
a partnership, or part in any way with the holding without the prior consent of the president (SECTION
III.24).
New leases of scheduled State Lands must be approved by the board, which is to consider
general policy directions from the minister, age of applicant, the applicant's character, the applicant's
The agricultural lands board is defunct and hasn't been convened in years. Furthermore, land allocations are proceeding
without it (see chapter 2 for elaboration).
9 Although the provision was drawn to carry forward and deal with fee simples, this is now subject to SECTION 5 of the Land
(Conversion of Titles) Act, 1975, which terminated freehold property.