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| Title: | Ownership of property rights in land in the first two republics of Zambia: an evaluation of restrictions on free alienation and some lessons for the future |
| Author: | Kaunda, Moses |
| Year: | 1989 |
| Periodical: | Zambia Law Journal |
| Volume: | 21-24 |
| Pages: | 61-73 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Zambia Central Africa |
| Subjects: | expropriation land law law land tenure Right of property |
| Abstract: | In Zambia, prior to the Third Republic, the liberty to use and dispose did not extend to ownership of land. Rather, there existed an actual duty to use land efficiently. The present article analyses the Zambian system of landownership in the First and the Second Republics and appraises specific statutory restrictions on free alienation of interests in land, notably restrictions on alienation to non-Zambians, on dealing without prior written consent of the president, on income earned from land, on creation of settlements, trusts and future interests, and on testamentary disposition of reserve and trust land grants. The analysis of specific laws regulating the right of disposal indicates that the regulation of the land market in Zambia was not a practical success. It invited possibilities of manipulation or even corruption, stifled the normal functioning of the land market and led to undue delays in completing transactions and unnecessary expenses. The author therefore endorses the policy trend of the Movement for Multiparty Democracy (MMD), the party currently in power, towards more positive recognition of private property and less interference in the land market. Notes, ref. |