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The ministry has historically carried out its functions in a highly centralized fashion, and
despite a several-year-old policy of decentralization, it continues to do so. Lack of funds and lack of
qualified staff are cited as causes of the slow progress. As will be seen later, some ministry staff are
now posted to each province, but decision-making and record-keeping have not yet been decentralized.
Leasehold was the dominant tenure for titling from the colonial period. The very small amount
of freehold land, amounting to less than 1 percent of the land, was converted to 100-year leasehold
by the Conversion Act. Leasehold tenure is today available from the state as follows. The
commissioner grants leases of up to 99 years on State Land. In Reserve Lands, Zambian nationals can
also receive leases up to 99 years in duration. In the Trust Lands, they can be granted a right of
occupancy up to 99 years.
There are significant restrictions upon the right of noncitizens to hold land. Under Amendment
No. 15 of 1985 to the Conversion Act, no noncitizen may receive a lease, unless the noncitizen is an
investor within the terms of the 1993 Investment Act, and the application has been approved in writing
by the president. In Reserve Lands, "nonnatives" cannot receive lands for more than 5 years, except
in the case of a religious or charitable organization, in which case the lease can be for up to 33 years.
There are no special restrictions as regards the Trusts Lands, but the president's consent is necessary
in all cases.
The leases are heavily concentrated in the State Land, where a 99-year lease is typical. To be
registered, a 99-year lease requires a survey which complies with the relatively rigorous accuracy
requirements provided for under the Survey Act. The MOL does not have the necessary technically
competent staff to meet the demand for survey at this standard. When a Survey Act survey is not
feasible, a 14-year leasehold is granted and registered on the basis of a sketch map (see section VII
below). The 14-year leases have been widely used in a number of contexts: in settlement schemes on
State, Trust, and Reserve Lands, on land in municipalities, and for leaseholds granted in the Trust and
Reserve Lands.
Leases are granted with only a charge for services. Ground rents, despite several increases,
have been so nominal that they have not been worth collecting. The rents remain nominal because
raises do not keep pace with inflation. Ground rents are paid sporadically, tending to be paid only
when the land is to be mortgaged or transferred, by which time the value of the rent has been
decreased by inflation. There are no penalties for late payment. Current ground rents are presented
elsewhere in this report.
Land is administratively allocated. When State Land becomes available, it is advertised and
applications for leasehold requested. Availability generally comes about through abandonment or
resumption by government for failure to comply with leasehold conditions, but there is also a small
amount of unallocated State Land. The land can be allocated to anyone who is Zambian; beyond that,
there are no clear legal criteria. A Land Allocation Committee within the ministry advises on
allocation decisions (see section III below).
On Trust and Reserve Lands, a similar procedure is followed in settlement-scheme situations.
But in most instances outside the settlement scheme context, a sole applicant for the lease identifies
the land requested. A new ministry regulation seeks to require at least three applicants for each
leasehold, but this may not be practical in Trust and Reserve Land situations, and it is clearly
inappropriate where the applicant is already the customary owner. The ministry requires that the chief