18
implementation including the opening up and servicing of land....The development
plan system...is over-demanding in its requirements of plan content and procedure of
preparation for the modest planning guidelines needed for the development of
relatively small rural provincial and district centers. Staff resources in the Department
of Town and Country Planning have found it difficult within their day-to-day
workload, to keep up with the monitoring, updating and new plan preparation needed
for these centers....A more simplified system is required but one which nevertheless
is capable of measuring land requirements and providing a framework for and
encouragement of public and private investment.
The Town and Country Planning Act omits from planning control and plan preparation
important peri-urban areas on the city fringes. Curiously, the requirement of a development plan
approved by planning authorities in Reserve and Trust Lands has also been excluded. The requirement
for planning permission is mandatory and extensive. The term "development" is defined by statute
(SECTION 24, CAP 475) and by common law, but in effect is determined on a case by case basis.
Land use conditions are also specified in towns. Although the act provides for the preparation of
regional plans, none to date have been prepared (ODA 1989).
The Lands Acquisition Act of 1970 makes provisions for the compulsory acquisition of land
and property. No compensation is payable in respect of undeveloped or underutilized land (SECTION
IV.15). In assessing compensation, the value of property is the amount by which the unexhausted
improvements would be realized if sold on the open market (SECTION III.12). A right of appeal to the
National Assembly exists against the amount of compensation determined by the minister. There is
no appeal on matters involving decisions to compulsorily acquire property, since this is at the
discretion of the president. This act has been severely abused in the past as government has
expropriated land with inadequate levels of compensation, in some cases for public works, but in other
cases for reallocation to private individuals. Charges of fraud, corruption, and bribery have been
widespread in association with the implementation of this act.
B. Reserve and Trust Land administration
The administration of Reserve Land is governed by the Zambia (State Land and Reserves)
Orders, 1928 to 1964 (hereinafter referred to as the State Land and Reserves Orders). Under these
orders, the land in the reserves is set apart for the sole and exclusive use of the indigenous people of
Zambia. This provision according to the Ministerial Statement in Parliament (4th August 1987) on
Land Alienation in Reserves and Trust Lands is intended to protect the villagers and their customary
rights to land. The president can make grants or dispositions of land to Zambians and rural councils
for periods of up to 99 years. In the case of nonnatives, terms are limited to 99 years for public
purposes, 33 years for missionary societies and charitable bodies, and 5 years in any other case
(SECTION 6A.1). The president must in all cases consult the rural council (SECTION 6A.4). The lessee
cannot, without written consent of the president, assign or sublet the leased land or appoint any person
other than a native approved by the assistant district secretary to be in charge of the land (SECTION
10, The Reserves Regulations). Also, according to the Reserve Grant Regulations, a lease cannot be
disposed of by will except if a law permits, that its disposal by intestacy shall be governed by a law
passed by parliament, and that the land granted cannot be subdivided without the consent of the
president unless a law permits (no such laws exist in any of the three cases). The nature of rights and
interests that can be acquired in reserves is nowhere explicitly stated, although from the powers of the
governor it is implied that what was intended is customary tenure (Chinene et al. 1993).