22
many tedious steps that lead applicants through a maze of administrative channels (see chapter 3 for
more details).
C. Urban, housing, and improvement areas 12
The Legislative Council in 1957 set up a committee to examine tenure conditions in respect
to urban and peri-urban areas. That committee according to Chinene et al. (1993) recommended that
government adopt a policy of freehold tenure in urban areas except African townships and African
housing areas located in European municipalities and townships. It was further recommended that
unalienated land should be granted as freeholds to municipal councils. These recommendations led to
the Crown Grants Act, which was later repealed by the Housing (Statutory and Improvement Areas)
Act of 1974 and the Conversion Act of 1975.
President Kaunda in 1975 announced fundamental changes in land policy to the sixth National
Council of UNIP on grounds that freehold tenure impeded the country's development and led to
excessive speculation by landlords (see, for example, Chinene et al. 1993). All freehold titles were
to be converted to statutory leaseholds of 100 years duration or less; all unutilized tracts of farmland
were to be taken over immediately by the state; a requirement of presidential consent was introduced
before any dealings in land; sale of land in urban areas was abolished save for dealings in
improvements on the land; all vacant and undeveloped land in and around major centers was to be
municipalized; and real estate agencies were ordered to close down. The supporting framework for
these changes—the Conversion Act of 1975—took effect the following year.
The Housing (Statutory and Improvement Areas) Act of 1974 still provides for the control and
improvement of housing in declared areas. The minister is granted powers to declare any area of land
within the jurisdiction of a council to be a Statutory Housing area as long as the land is held in fee
simple, and a housing plan prepared by the council is approved by the surveyor general (SECTION 4).
The council, with the minister's approval, can subdivide the land, effect improvements, and lease any
piece to any person for such a term and conditions as are approved by the minister (SECTION 5 (1)
(a)-(c)). The council is prohibited from selling or conveying any freehold estate, leasing more than
one piece of land to any one person, or leasing to any person who is engaged in the business of
buying, selling, letting, or developing immovable property (SECTION 5 (1) (i)-(iii)). Upon payment
of a prescribed fee, a council certificate of title for land is issued to an individual (SECTION 7 (1)) or
legal entity (SECTION 5 (2)). Where two or more persons are entitled as tenants in common to
undivided shares, only one certificate of title shall be issued (SECTION 7 (3)), although the council
registrar is given powers to issue a separate certificate for each person's share upon payment of a fee
(SECTION 7 (4)). The registrar is prohibited from registering any document purporting to transfer land
not having received the council's prior consent (SECTION 42). A person is liable to a fine (K500) or
imprisonment (not to exceed 2 years) (SECTION 45) if such person applies a rent, fee, purchase price,
or other charge in excess of charges prescribed in the act, erects a structure without prior approval
of the council, or illegally occupies or uses the land (SECTION 44 (a)-(d)). The act further describes
the regulations for registration of titles under part III, and for the declaration of improvement areas
under part VIII.
'Z Parts of this section draw heavily on chapter 2, "Review of Land Tenure under Legal and Customary Systems," by
Michelo Hansungule, in Chinene et al. (1993).