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[According to the acting] MMD chairman of Sesheke...three investors wanted...to set
up cigarette and tomato sauce...factories [but] because of [a] mix-up between the
council and the royal establishment...these people have not come back....But Chief
Inyambo denied...he was blocking efforts by councillors to give land to
investors....[According to the chief's advisor, the chief] was not at loggerheads with
the councillors because they were not...supposed to be involved in...issuing...land in
his area....The investors were being misled [by the Sesheke council] into selecting
areas of their choice which were already occupied by villagers and then...being taken
to the senior chief for consent. The process of allocating traditional land is that
headmen should [first] be approached. These report to the Silalo indunas who take the
applications to the Kuta, [who] finally informs the chief to sign. [The MMD chairman
indicated] that because of the previous mix-up..., investors [are now being] referred
to the Litunga of Western Province.
Such problems act to stifle the initiative of "outsider investors," meaning all non-Lozi investors
including foreign nationals and Zambians from other parts of Zambia. However, even Lozis cannot
get statutory title deeds to their customary land.
The government is currently encouraging an "open-door" policy to spur capital creation,
whereby foreign investors are encouraged to develop farms and businesses in Zambia. The current
situation of high debt loads, declining donor aid, and slow economic growth are expected to dampen
capital expansion from internal public and private sources for the foreseeable future. Foreign investors
seek guidance on suitable land for settlement from the MOL, which then directs them to the councils.
Investors leave disgruntled when the MOL is unable to designate clearly defined, demarcated, and
registered areas of land for settlement, or when negotiations are held with the chiefs which must
subsequently be turned down by the MOL.
The Ministerial Statement in Parliament on 4 August 1987 on Land Alienation in Reserves and
Trust Lands provides clarification on the role of chiefs and the importance of leasehold property. It
states that "there is no need to consult Chiefs before granting land on title deeds in the customary
(Reserves and Trust) area." Rather the statement points out that art. 6A(4) of the State Lands and
Reserves Orders and ARTICLE 5(2) of the Trust Land Orders stipulate "that only the District Councils
must be consulted" (p. 2). However, "since it is recognized that the Chief can make a grant of land
under customary law and since the Chief is the custodian of traditions and customs of his community,
it is important that he is consulted so that any alienation of land in the Reserves and Trust land areas
does not infringe on the customary rights and interests of the community....[B]eing custodians of
customary law and rights, [they] know better which members of their communities hold land under
customary tenure or which land has been set aside for settlement, communal grazing, traditional
farming or indeed for any other use" (p. 3).
It goes on to point out that some chiefs "regard the title deed as something that would make
them lose control over land and their subjects. Hence they are very reluctant to recommend
applications for land. [However,] there is a growing number of other progressive Chiefs who
understand the law and procedures for applying for title deeds. These Chiefs have taken the lead in
acquiring title deeds to their personal holdings" (p. 3).