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government to provide the resources to make the appraisals on a timely basis, and a limited time frame
should be specified in the regulations for completing its decision, barring which the landholder has
the right to move forward with the transaction. Clear and verifiable data should be kept on number
of applications, and the number and location of approvals and rejections. Should the data indicate a
constrained land market, a very strong case would have to be made for retaining such a policy.
It is remarkable that Zambia is still working with land, property, and inheritance laws that are
based on 1911 English law that even the British saw fit to reform in 1925. In addition to the above
legislation, an entire replacement is needed of the Conveyancing Acts, Statute of Frauds, Probate and
other inheritance laws, laws of Property Act, Chancery Amendment Act, Common Law Procedure
Act, and Laws of Equity, Married Women's Property Act, and Land Registration Act, among others.
Land tenure reforms resulting in amendments to a few provisions is not the answer. Rather, a
wholesale revamping and modernizing of the entire set of antiquated property, inheritance, and
registration laws is needed. In addition, careful reviews need to be made of the Town and Country
Planning Act, Local Government Act, Forestry Act, Landlord Tenants Acts, Law of Succession, and
Power of Attorneys Act.
There is a temptation in light of the current atmosphere of policy reforms and desire for
private investment to rush forward with legal reforms. Such motivations, while understandable, are
fraught with risk. Land tenure, particularly in the customary areas, is a sensitive issue, and sound
policy advice is hampered by a dearth of field-level research. A number of key amendments to existing
legislation in the short-run are advised (e.g., amendments permitting land to have value, converting
leases to 99-years in duration, and easing subdivision requirements). However, focusing too much on
short-term changes runs the risk of undermining the process of wholesale reforms that are needed, and
misdirecting energies away from producing a comprehensive and quality body of legislation. Already,
draft legislation has been prepared by several groups in Zambia in absence of careful review,
advisement, and consensus building. The current rush to adopt a few key amendments has opened the
door for various ministries to push amendments and legal changes based on self-interest (e.g., relaxing
restrictions on foreign ownership to increase private capital investment). Meanwhile the MOL feels
compelled to undertake reforms that dispel notions that it is sitting idle on land matters. This situation
has all the makings for bad policy: dispersion of land functions among multiple agencies, multiple
ministries suggesting legal reforms, widespread demands for immediate policy changes and quick
fixes, a sense of urgency, a ministry that feels compelled to act, and basic disagreements between
central and local authorities regarding responsibilities in land policy.
The approach recommended by the World Bank is probably the best strategy under the
circumstances: adopt a few key amendments to free up the land market in the State Lands (permitting
land to have value, facilitating subdivision and real estate transactions, reducing land and property
taxes). These legal actions would be followed by a more gradual period of research in state lands and
customary areas, institutionalization of a land policy and research unit, increasing the capacity for land
delivery, and carefully designing and promulgating a comprehensive set of legislation over a four to
five year period.
A gradual approach is not likely to appeal to the business community. The MOL must
currently bear the brunt of accusations that it is dragging its feet on land policy matters—an
environment that is far from conducive for setting thoughtful policy. It is recommended that
government assert the need for a longer-term approach, clearly specify a strategy for reforms, then
designate an interministerial committee to coordinate land policy and collectively bear the heat for not