A LETTER TO TRADITIONAL LEADERS ON CONTROVERSIES REGARDING LAND ISSUES

Outlining my to find parking; and the road on which

land policy must first be tabled at the Provincial Chiefs’ Committees.

Let me draw your attention to what Professor Hansungule wrote in Keynote Paper:

Constitutionalism and

Constitutional Development:

“While on the 1995 Land Act, a word about abuse of power by the executive is opportune. When this Act was being debated in

Parliament, people especially in rural areas rejected it. Chiefs cried foul with the authorities pointing out that the government intended to take away the powers of the local people over their land in favour of foreign investors under its western inspired market reform programmes. Consequently after much pressure across the country, a programme to consult the people especially traditional leaders would be mounted before bringing the

Bill to Parliament. However, government decided to fast track the

Bill in Parliament by waiving the

21 days rule on publication of Bills before being presented for reading.

Even before people realized it, the

Bill was law. Clearly, good governance was the bigger loser.”

However, afterwards when I engaged President Chiluba on the same issue, he assured me that the government had obtained a “go ahead” from some Senior Chiefs across the nation. And as stated earlier, the only way to kill the

Reverend Josiah Strong seized Water After it infiltration has been converted capacity the subsistence livelihood. In a And on the World Bank’s land

serpent of corruption among ourappointed on positions Chief of Executive Darwin’s Officer writings community which had equal country like Zambia that highly reforms in Zambia, here is what

selves would be to ensure that land to argue the case of Anglo-Saxon there rights will on be the run-off land will water have or lost values its peace and social cohethe chartered Environmental

policy issues are tabled at the prohegemony and in his book Our them. And this can quickly bring sion, the impacts of increasing Biologist, Ian Manning wrote

professionals personal effects? from Are fields you such casual vincial level. And in this respect,

Country which appeared in 1885 to mind what the former South land tensions could be detrimenabout the meeting he attended on

the government’s lame excuse of was an immediate success: “… about African infidelity President, or P.W. do you Botha take said: “……anyway, tal.” (Daily I just Nation want to find May 13, 2017) land reforms that was organised

nitrogen deficiency the lack of funds must never be enterjob, the then tendencies you are unfold doing the fine future; in field from which a good crop is

“…. the white man will continue to of your (emphasis financial mine). wellbeing. For idea to found his own law firm?

by the World Bank: “…the pro

tained. they are the mighty alphabet with use the African’s love of money to The Draft Land Policy of 2002 posal to place all customary land

Immediately after we attained which God writes His prophedestroy himself. Here is a creature was advertised in the press fine. in There’s under the no Ministry hard evidence of Lands with

Churchill: ‘Success is not final, fail our independence in 1964, the cies….It seems to me that God who lacks foresight.’’ And accordOctober 2002 and we had our customary leaders becoming mere

ure is not final; it is the courage to Bemba political hero and Zambia’s with infinite wisdom and skill is be the ing most to Finance highly profiled Minister, case in Ng’andu Bemba Ilamfya Supreme Council land administrators is ludicrous.

“Aristotle,” the late Mr. Simon training the Anglo-Saxon race for an Magande, MBA is fine, the then money you given have to meeting on March 8, 2003. I pointed out that there were no

Mwansa Kapwepwe taught us etables grown during the off up with his effort going to an hour sure to come in the world’s NGOs was not properly accountAt that meeting, we resolved difficulty customary in every leaders, opportunity; the Natural an

condition and beneficial three unforgettable and immorfuture…..every civilization has its ed for and the donors don’t ask that that off we today, would and not yet first the inform con the Resources Consultative Forum

tal lessons: “You must love your destructive and preservative elehow and where it had been takthe people responsibility about the serious to find contents ways every (NRCT) difficulty.’ or civil society groups.

land dearly, because if you lose water infiltration, good ments. Bring savages into contact en. ( Zambia Daily Mail June 21, of in disposing the Land off Policy, any until high we value would The Bank said they realised that

it, you will not find another. God with our civilisation and its de2007). hear if the Members of Parliament consultations were inadequate

has stopped creating countries.” structive forces become operative in that And field the that cunning may quickly complete took T in – bone, rural constituencies fish or village chicken? would inand that they would rectify the

He reminded us that we should at once…. Where there is one misadvantage of it. A named indiform the electorate. And we heard matter before the report was sub

ponder about the past i.e., how we sionary, there are hundreds of minvidual bought an island on Lake not even a single whisper from mitted. And this was never done.

five distinctions in your O lev date through of filing the a petition. first time All lawyers education). suffered through the struggle for the ers opposite or traders effect or adventurers from those ready Tanganyika, which in turn sold to even the opposition and surprisThe main blame should fall on of effective control of the world. flowers if not locally utilized

independence. He went on to say, to debauch the native. Whether white South Africans who were ingly not even from the church. the Ministry of Lands for the fail

“should you mismanage the affairs the extinction of inferior races bejust about to evict the inhabitants it is It virtually was in impossible June 2003, to I find wrote ure to conduct wide reaching dia

tinents fate, and the stifling actually find this state of affairs All cases filed at the High Court of this country, the colonialists will fore the advancing Anglo-Saxon when President Mwanawasa ina strong objection. I stated logue and yet engaged to another

influence their cultural habits, successful law firm Corpus Legal are filed with that ordinary meaning creep in under a new name.” (The

seems to the reader sad or othertervened. On the other hand, the that customary land is protectstitch-up between government

Kapwepwe Diaries by Gideon wise, it certainly appears probable. then His Royal Highness Chief ed by the Raoul Wallenberg and donors. Leaving the ordinary

with Justice Sitali the first day they Bwalya Mwangilwa p. 94). And

I know of nothing except climatNabwalya narrated to the meeting Institute Compilation of citizens in the cold.” Manning

country has almost forty – five indeed, the colonialist has been ic conditions to prevent this race of chiefs in Mpika that immediateHuman Rights Instruments called for Zambians to be cautious

“born-again,” “baptised” and given from populating Africa as it has ly after the Draft Land Act 2002 der the Convention Concerning about land management and ad

himself a new name of “investor.” peopled North America.’’ (Quoted was published, a group of whites your ministration. socks off until ( you get January into

Indigeneous and Tribal Peoples in

Parliament (sometimes Mr. Kapwepwe was blessed with from Our Country Political accompanied by surveyors came Independent Countries as stated 17, 2007).

a very powerful foresight and he and Social Thought in America by helicopters in the middle of the in article 7:1: “The peoples conProfessor Hansungule asked

was merely stating the fact which in 1870-1970 edited by Edmund night, pitched tents and began to er cerned can think have off, the other right countries to decide Zambians to reject the World

profit and loss account, state we at the tail-end of history are ions pp 72/73) (emphasis mine) demarcate the land without even their own priorities for the proBank’s recommendations over

ment of financial position and the actually witnessing today that the

And 117 years later (i.e., 1885the courtesy of calling on him. cess of development as it affects land management. He said reve

colonialist leaves by the front-door,

2002). The Draft Land policy But fortunately it was a coincithe lives, beliefs, institutions and lations that the Washington-based

ams are difficult and they may fail. but re-enters by the back-door.

2002 appeared which was drawn dence that the next day President spiritual well-being and the lands institution had suddenly found

law firm that rise to the Dr. Kaunda wrote: “It appeared at the Ministry of Lands. It was a Mwanawasa visited Mpika and they occupy or otherwise use, and the answers to Zambia’s land ten

thing should ‘cast the first stone’ that the colonialist had freed masterpiece schemed by cover-up was informed about it. And by to exercise control, to the extent ure problems was an assault on

on these failed efforts. Africans in order to make them experts and as far as Zambian histhe following day while Chief possible, over their own economic, the intelligence on the Zambian INTERNATIONAL ZAMBIA

our offer to the market is good servants.” ( A Humanist in Africa tory is concerned on deception, Nabwalya was still in Mpika, he social and cultural development.” can people have a and positive their ancestors influence whose on first and second respondents i.e., p. 45). that Paper was rightly hailed as the was informed that the intruders graduation And article certificate 14:1 states: was “The your rights wisdom to keep the land was why

The veteran politician and one most subtle, deceptive and treachhad Having left the briefly area under looked the at cover the of of ownership and possession of the Zambians still had it today (ibid)

of the founding fathers of this naerous attempt by politicians to darkness. ty peoples or college); concerned your over financial their lands And its only Messrs. Ian

the first buyers of what we offer tion, Ba Sikota Wina said: “….and alienate customary land from the And here is what the United which they traditionally occupy Manning, Simeo Siame, Clement

much against expectations of our poor people. And in this regard, Nations special rapporteur, shall be recognized.” Article 17:1 Chipokolo, Henry Machina, free offering is UNIVERSITY LIUTEBM

founding fathers in the 1960s, tothe deadly trigger was in Chapter Hilal Elver cautioned that many whenever further right, I states: fire floated was “Procedures the first idea. discov Un estabSishuwa Sishuwa and Professor forms International

day everywhere application and in Africa registration you look,

3 and the second paragraph of Zambian peasants were at risk of ate, lished black by or the white peoples for their concerned fi Michelo Hansungule who have so Fair. Trade the of period this during Fair

there is poverty, inadequate eduarticle 3.1: “The demand for land becoming squatters on their own for the transmission of land rights far been strongly opposed to the

cation valid facilities only is and promotion failing This health has increased considerably and land as Zambia was being turned among members of these peoples alienation of customary land. It between

institutions. 2015 July, Today of 10th- no 1st less the than there are applicants seeking both into Southern African’s food basshall be respected.” is so unfortunate that some chiefs

fast fading off the airwaves; but half of the countries in Africa can state land and customary land. ket. “The push to turn commercial In article 17:3 the Human Rights have in the process been bribed or

exist even for a month without

However, in its current state, the large scale agricultural into a drivonce Instruments again carve further out protects a signifi tribal through ignorance have privately

donor aid. They would collapse. land delivery system is unable to ing engine of the Zambian econopeople from foreigners who might signed documents relating to the

And currently, foreigners have meet the increase in the demand my is a situation where the protectry to use unreasonable local sensitive land reforms. And we are

dominated the Zambian econoby the public for land title. The tion of access to land is weak, can stooges who think more of filling at the moment investigating one

my and Zambians themselves are high demand for land calls for risk pushing small-holder farmers their stomachs than anything else body such that recent finds case. this article to be

ing the fading off the scene of completely on the periphery. Apart conversion of customary land and peasants off their land and out to help alienate land: “Persons not offensive I strongly as it directly believe compares that it’s now

from a few who might have looted into state land to meet future of rising production like mercury with severe on impacts fire, belonging to these peoples shall be time that the House of Chiefs

in the course of history, there are land requirements.” (emphasis on the people’s right to food….. taken prevented to different from taking parts advantage offensive, should put I in am place simply measures stating to ar

very few African entrepreneurs in mine). This situation is particularly worof their customs or lack of underrest the situation of “the heartless

the country. Zambia is a nation of

The deadly implication is that rying considering that small-holdstanding of the laws on the part of and corrupt chiefs” from privately

give off fumes that can be employees only.” ( The Post May 25, before conversion, the land is the er farmers account for almost 60 their members to secure the ownsigning these documents. And the

2005). property of the community and percent of the population and ership, possession or use of land only effective way is the declara

( subject to the community rights. drainage are dependent in the on field. land for their belonging to them.” tion that all issues pertaining to the

of

boron deficiency. It is

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