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An alternative view on the role of the chiefs is provided by the Zambia National Farmers
Union (n.d.):
One of the main problems of improving access to individual titles in the traditional
areas is the attitude of the chiefs....Some chiefs refuse [to give their consent] fearing
loss of status and respect....There may be a case for removing the chiefs' power of
veto, but this should only be...a last resort. They still have a significant role in rural
societies, and removal of their power could both weaken this role and create
opposition to...farming progress....On balance, it is probably desirable that
they...retain [control over] land, but...there may be need for education and perhaps
some sort of appeal procedure—possibly to provincial committees of chiefs.
Circular No. 1 of 1985, "Procedure on Land Alienation," hereafter referred to as simply the
circular, lays out the procedures for preparation of layout plans, allocation of stands, matters related
to unscheduled agricultural lands, matters related to Reserve and Trust Lands, and applications for
land by non-Zambians. The councils are responsible, on behalf of the Commissioner of Lands, for
processing applications, selecting suitable candidates, and making recommendations (SECTION 3). In
the Reserve and Trust Lands, the powers of the president in making grants or dispositions of land are
limited by the requirement to consult the local authorities affected by such grants or dispositions
(SECTION D.(i)). Local authority, in the circular, had been administratively understood to mean the
chief and the rural council (SECTION d(ii)). To ensure this practice, the Commissioner of Lands will
insist upon the written consent of the chief concerned. The circular stipulates, for the time being, that
leases cannot exceed 250 hectares of land for farming purposes in the Reserve and Trust Lands, and
rural councils are advised not to recommend alienation of land in excess of this amount (SECTION
D(v)).
Under Amendment 2 to the Conversion Act (see p. 16) no land can be alienated to a
non-Zambian (foreigner) without written approval by the president. To obtain approval, a
non-Zambian must first submit his/her application to the council. The council is given wide powers
to request information about the intended development as is deemed necessary (s. E(ii)). When
recommending the application to the Commissioner of Lands, the council is required to give full
information on the intended development plan, extracts of the minutes of the committee of the council
responsible for land matters, extracts of the minutes of the full council, and four copies of the
approved layout plan duly endorsed and stamped by the Chief (SECTION D(iii)).
With the rigorous survey standards required for 99-year leaseholds, the many steps and
procedures required by the leasehold process, the different levels of national and local bureaucracy
involved, and one central registry to process applications, it is clearly understandable why there are
long delays in processing leasehold applications. Advancements in survey technologies and
decentralization of registry services can reduce registration costs and expedite surveying time.
However, the issue remains whether, and to what extent, the involvement of chiefs in the registration
process creates bottlenecks and will continue to do so even after actions are taken to improve the
technical aspects of registration delivery." The strengths of the current system lie in the checks and
balances imposed on the actions of both the chiefs and government, but inherent in the process are
" To some extent, the chiefs consent is a false issue. A newcomer would find it very difficult to operate in most Reserve
and Trust areas without the chiefs consent and forbearance.