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Legal Pluralism and Tenure Security: Exploring the Relationship between Statutory and Customary Land Tenure in Zambia

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  • Anthony Mushinge
  • Sharon Mulenga

Abstract

The purpose of the research is to: 1) investigate the interpretation of the sections in the Lands Act of 1995 that provide for the statutory recognition on one hand, and conversion of customary land, on the other; and 2) discuss the effects of the said sections on customary landholders. Methodologically, qualitative methods (largely in-depth interviews) were used to conclude that governments in sub-Sahara Africa are the architects of tenure insecurity because they (knowingly or otherwise) enact laws that are contradictory or conflicting in nature. In the case of Zambia, there are contradicting sections within the Lands Act 1995 where, while one section provides for the conversion of customary land, the other provides for statutory recognition of the same traditional tenure. This therefore casts a shadow of confusion regarding the meaning of ¡°statutory recognition¡± in that in practice ¡°legality¡±, by way of holding private title deed, always takes precedence over ¡°social legitimacy¡±. The implication of this is tenure insecurity and an associated avalanche of evictions, elite capture, sub-division and enclosures of common pool resources, land grabs, and land conflicts. We recommend that, guided by research, concerned governments should consider emulating other countries like Tanzania and Botswana, which have enacted ¡°bespoke¡± land laws that are specifically meant for state land, and other land laws specifically for customary land.

Suggested Citation

  • Anthony Mushinge & Sharon Mulenga, 2016. "Legal Pluralism and Tenure Security: Exploring the Relationship between Statutory and Customary Land Tenure in Zambia," International Journal of Social Science Studies, Redfame publishing, vol. 4(3), pages 7-17, March.
    • Handle: RePEc:rfa:journl:v:4:y:2016:i:3:p:7-17
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    Citations

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    Cited by:

    1. Alden Wily, Liz, 2018. "Risks to the sanctity of community lands in Kenya. A critical assessment of new legislation with reference to forestlands," Land Use Policy, Elsevier, vol. 75(C), pages 661-672.
    2. Rincón Barajas, Jorge A. & Kubitza, Christoph & Lay, Jann, 2024. "Large-scale acquisitions of communal land in the Global South: Assessing the risks and formulating policy recommendations," Land Use Policy, Elsevier, vol. 139(C).
    3. Pelletier, Johanne & Hamalambo, Boniface & Trainor, Anne & Barrett, Christopher B., 2021. "How land tenure and labor relations mediate charcoal’s environmental footprint in Zambia: Implications for sustainable energy transitions," World Development, Elsevier, vol. 146(C).
    4. Anthony Mushinge & Sam Mwando, 2016. "Implications of Pro-market Land Policies on Customary Land Users in Zambia: A Case of Large-Scale Land Investments in Kaindu Chiefdom, Mumbwa District," International Journal of Social Science Studies, Redfame publishing, vol. 4(8), pages 9-18, August.
    5. Bridget Bwalya Umar & Progress H. Nyanga, 2023. "Customary Land Certification, Governance and Natural Resource Use in Zambia: A Social Learning Approach," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 35(5), pages 997-1027, October.

    More about this item

    Keywords

    Zambia; state land; customary land; customary land recognition; customary land conversion;
    All these keywords.

    JEL classification:

    • R00 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General - - - General
    • Z0 - Other Special Topics - - General

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