OWNERSHIP AND POSSESSION: AN OVERVIEW
Positive Vibrations no 237
In this edition, I will talk about the subject of ownership and possession in general because of the several public policy issues that I suggest are discussed intelligently or at least from an informed stand point. As much as possible, I will try to stay away from typical Lawyers’ perspective.
Rule of Law
But before discussing our topic let me take this opportunity to clearly state that in 2016, the government of the Republic of Zambia, caused for a Referendum on an Expanded Bill of Rights. A section of individuals from “Civil Society” and some opposition political parties campaigned against a Referendum. This saw the failure of a powerful document.
Bill 10
Failure visited Bill Ten. It is very possible to win a battle but lose the war! Do you remember how some parliamentarian danced when they passed a law that barred Dr Kaunda from contesting the Presidency? Yes, dancing is your right to expression just as careless talk is a right to freedom of speech. My take is that dancing and celebrations have their place and no right is absolute. Duty and Responsibility always call!
Bill 10 unsuccessful. It did not collapse. To impute, insinuate or indeed suggest that President Lungu is synonymous with our democratic process, is extremely absurd and misleading. The question is: Who is the real loser? I request readers to critique the voting pattern ask questions such as: (a) Who voted for and voted against? (b) Who abstained and why? (c) What are the chances that Bill 10 was a political trap? If it was, what are the implications?
I have said before and I repeat, we should not mix partisan politics with national politics. Of course the line is very thin. The failure to recognize this basic fact presents a “danger” to democracy because all political parties will now campaign so hard to have more than 2/3 (two thirds) of the seats in parliament for easy law making. Already, there has been such an indication from the Chairman of National Mobilization in the Patriotic Front.
So we go back to our topic of today:
Ownership of Property
Fixed assets such as houses or land require Title. Note that there is both good and bad title! The government of the
Republic of Zambia, according to law, issues such good titles. In fact the Police are on record advising members of the public wishing to buy land to get professional assistance. Some vendors do not wish to deal with “Estate Agents” of doubtful description. You will see descriptions such as “Property for sale: NO Agents required”
In search of better delivery, the government has further gone on to empower statutory agencies, to on its behalf, issue licenses permitting an entity to operate. Every License comes with terms and conditions. It is given in good faith and does not factor in the challenges of illegalities that often surface. ( There is an implied and express provision for managing wrong doing.
I am not aware of a Title which is permanent or a title which seeks to defeat public policy. It would be great for say a National park or a Water Falls to be operated by a private entity. The question that always arises, hinges on public policy or simply put, public good. How will citizens be able to access a private property, if not by license?
If the government directly or through its agencies, elects to give ownership of a piece of land, it loses control of that piece of land, but for legal imperatives, whose procedure may actually defeat justice in addition to violating public policy. I am sure we all know that Police need a Search Warrant, in order to access private property!
“Investment Climate”
I really do not know what the term “investment climate” means any more. I do not think there is such a thing as a “favorable investment climate” Who defines what is favorable? Here, I see serious conflict of interest. What is referred to as “Investors” would want pop corn solutions to manage their entry in an area. Some investors or agents would want a License there and then.
I hold the view that much as it is desirable to give express permission to certain activities, we must all the time reflect on the neighbor principle and the duty of care.
Yes, an enabling investment climate is important. But you also do not want to create an environment where criminality flourishes. Remember the all powerful late Pablo Escobar of Colombia. Pablo was a drug dealer who shared his “dirty” money with communities. He even became a member of Parliament! We must not forget that NOT ALL THAT GLITTERS IS GOLD.
Sometimes, we raise concern out of context. For instance, the One Party State dictatorships were roundly condemned. But at the same time, America, which is a super power heavily industrialized, was busy investing large scale industries in “communist China” (One Party State) allegedly because of cheap labor. Who does not know that some of the technologies from China have their origins other developed countries such as America?
The point is this: Even at its worst of dictatorial rule, under the late Mobutu, in the DRC, then Zaire, Monopoly Capital did not minimize its presence. Mobutu became its grandmaster, joining the club of the so called “World’s wealth men”. In this club, how you get the wealth matters very little!
We need to understand how Monopoly Capital works, in this context of ownership and possession. In order to push its agenda with legitimacy, Monopoly Capital will facilitate the emergence of indigenous surrogates so as to use them to further its course. So late Mobutu, just fitted the shoes perfectly. (Exited the earth traumatically and was not there for him)
Just take note that MONOP
OLY CAPITAL, wants to be in the comfort zone all the time. To achieve this, control of a government is key. At this juncture, when and if Monopoly Capital’s Agenda succeeds, then the issue of ownership and possession become an open cheque and free for all. Quite frightening!
Angola fought and experienced a foreign sponsored civil war for decades. During the same time, some powerful multinationals, were mining oil and other resources out of Angola. This is at a time when Angola was said to be aligned to the then Soviet Union!
In respect investments climate, the story of Racist South Africa, well documented. It took a major international campaign to get some of the Multi-Nationals to move out of South Africa because of that countries’ racist policies. Some companies just changed names and some shifted head offices.
The story Zambia and most Africa is not any different. Companies want to own and not just operate. We have had mining companies which predate the day of independence. It important to point out that Zambia too, then Northern Rhodesia, was “owned” by the British. A ceremony was held to mark the cessation of British “control and ownership”. The other trappings are/were implied, so much so that when the Zambian government, out of necessity acquired controlling shares in privately owned companies, the response from the private sector was to embark on a journey that defies cooperation. To date, the problem has continued to fester in a manner that ignores national sovereignty!
Have we forgotten the fact and reality that Zambian Nationalists fought a hard battle to gain ownership of the territory called Zambia? In my view, it follows that the struggle for independence needed and needs to be completed. This is a serious matter which speaks to ownership and possession.
All mining houses have POSESSION not OWN
ERSHIP of the Mines. It is common to hear someone say that “he or she owns a company” Get it straight, NOBODY OWNS a company. You have an interest in that company which is expressed by the number of shares you hold. Gray areas, will sometimes present!
A perfect example that must guide us is that of renting a house. If I may ask, do you also own the house that you are renting?
No you do not. What you have is POSSESSION. You possess the house and DO
NOT OWN it!
The Zambia we want
It is a fact that Zambia is a sovereign state. It is also a fact that Zambia is not an island. Every time you hear a politician speak, you hear reference to “my people’ or “our people”. Most of the times a politician speaks to making a strong point that they will make Zambia a better place.
There are two political formations, which have a lot in common and that is the United National Independence Party (UNIP) and the Patriotic Front (PF). They both put Zambia first and ran serious battles with the Breton woods institutions and Monopoly Capital. The battles are mostly over borrowing.
I will not go in much detail but to state that economic sanctions come in many forms. In one of our neighbors things are quite hard, but some nationals back sanctions.
Let’s be decisive
In as far as Ownership and possession are concerned, it shall remain a notorious truth and fact that Zambia, is for Zambians. If our fore fathers across Africa did not stand up against subjugation, the scourge would have continued. Therein lies the answer!
See you next week. Comments: ngandem12@gmail.com Cell/SMS 0977776191 and 0955 776191
It is a fact that Zambia is a sovereign state. It is also a fact that Zambia is not an island. Every time you hear a politician speak, you hear reference to “my people’ or “our people”.