SCRAMBLE FOR LAND

LAND management in Zambia has suffered widespread deficiencies which have in turn thrown country and town planning into disarray.

The local authorities, in particular, have muddled the allocation system that has resulted in encroachment on reserve land, drainage system as well as water and sewerage facilities.

Government has devolved the land agency to councils which over the years have gone on a wanton sale and allocation of land, straying even in areas which are not within their jurisdiction.

In many instances, the councils have allocated land in Zambia Railways reserve land when regulations clearly state that human settlement or other developments should not take place within 50 metres radius of railways infrastructure.

More dangerously, local authorities have allowed unplanned settlements to sprout near electricity pylons.

Councils have also allocated land in waterlogged areas where residents who put up big houses are now grappling with floods.

A case in point is Luangwa Extension in Kabwe, a residential area which was created in the wetlands between Luangwa and Bwacha townships. The houses in that area are flooded!

Some residents have abandoned their houses while their household property has been destroyed.

In Ndola, the council allocated plots in Kaniki area but developers were later advised that the land in question was a security zone since it was close to the Democratic Republic of Congo border.

The same council has allocated residential plots on the banks of the Kafubu River and in the reserve land very close to the rail track behind the Ndola Golf Club. The Mitengo cemetery has been encroached too.

To cap it all, the councillors were involved in the demarcation and sale of plots and now the situation is a total disaster.

The rural areas have not been spared!

In Misisi, Kuku and other townships, some people were allocated plots on the drainage system, hence the floods that have inundated the sprawling townships.

In other instances, some people on their own have erected structures in prohibited areas while the council officials watch. Councils have only threatened to demolish buildings which have already been completed.

It is therefore important to appreciate that the Land Act of 1995 has two land tenure classifications – state land and customary land.

It is clear under this Act that all the land is vested in the President on behalf of the people and that under section 2 and 3 of the Act, the Head of State may alienate land to any Zambian or non-Zambian under specific circumstances as leasehold tenure.

Customary land is administered under the provisions of section 4 which sets out conditions of transferring customary land into leasehold. The President can only alienate customary land after consultation with traditional rulers.

This is of course administered through the Ministry of Lands. Thus councils are merely agents of the Ministry of Lands.

There have also been disputes in the land alienated through chiefs.

Therefore, the councils’ department of planning and land development must be overhauled to be run by highly competent professionals. Councillors should not have any hand in the day-to-day affairs of this department.

The councillors should only handle matters relating to land allocation when documents are presented before the full council meeting for approval and not to look at individual allocations.

The land allocation process in the councils must be streamlined to ensure transparency and accountability. It is illegal and irrational for councillors and council officials to share plots among themselves.

They then resale the same plots at inflated prices and when their areas run out of land, they demarcate and allocate plots in reserve areas.

Councils have literary narrowed their jurisdiction to plot allocation at the expense of service delivery.

There has been a scramble for land caused by inert councils.