Over Two Decades Of Existence Of The Lands Tribunal In Zambia: Review Of Progress And Challenges | Land Portal

Informações sobre recurso

Date of publication: 
Janeiro 2024
Resource Language: 
ISBN / Resource ID: 
LP-AJOLPGS-0000076
Copyright details: 
Copyright (c) 2024 African Journal on Land Policy and Geospatial Sciences

Context and Background:
The specialised land court in Zambia is known as the Lands Tribunal, and it was created in 1996 through the 1995 Lands Act. The Tribunal was established with the objective of achieving speedy, low cost, flexible and efficient means of settling conflicts over land. Inspite of being existence for 27 years, little has been done on the progress and challenges of the Lands Tribunal in resolving conflicts over land in the country.
Goal and Objectives:
This paper aims at establishing the progress made by the Lands Tribunal in resolving conflicts over land and investigating the challenges faced by the Lands Tribunal in resolving conflicts over land.
Methodology:
The study incorporated the use of both primary and secondary data collected between January and October 2023.  Secondary data were obtained through documents which include peer-reviewed journal articles, theses, books, media, Zambian land laws, and technical reports. Secondary data was supplemented by primary data obtained from three purposively selected institutions: Lands Tribunal, Law Association of Zambia, and Zambia Land Alliance (Kitwe office). The data collection method used with the key informants was in-depth face-to-face interviews. Office management at each institution chose the key informant based on their expertise and experience on the subject.
Results:
In order to strengthen the Tribunal’s operations, the Lands Tribunal Act of 2010 was enacted, enhancing the Tribunal’s operations by granting it more authority and responsibilities (that is, expanding jurisdiction). Research findings showed that between 2014 and 2023, the Lands Tribunal handled 3318 cases. According to research findings, if the Tribunal was operating efficiently and effectively, it could have handled more than 3,318 cases between 2014 and 2022 considering the numerous problems facing the general courts which adversely affect the general public to resolve their land conflicts. However, the Tribunal could not handle more cases because of various challenges which include inadequate funding, Inadequate staff, poor conditions of service for members of the Tribunal, inadequate transport, delay in the delivery of judgments, low public awareness of the Lands Tribunal, centralised operations of the Lands Tribunal, and forum shopping.

Autores e editores

Author(s), editor(s), contributor(s): 

Anthony Mushinge, Jimmy Lungu, Ephraim Kabunda Munshifwa, Roy Alexander Chileshe, Niraj Jain, Richard Chomba

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