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Investment & Legal Framework
ure system is administered by customary law, which is
dictated by the traditional norms, customs and cultural
practices prevailing in a particular area.
Zambia has around 73 tribes in the country with, 291
chiefs, 38 senior chiefs and 4 paramount chiefs. The
chiefs in a given area may administer land differently,
which can make land administration very difficult. The
scenarios at times are compounded by the lack of
guidelines or minimum standards that can help chiefs
administer customary land.
• There are only two types of tenure in Zambia. These
are leasehold and customary tenure. Zambia has no
freehold system of tenure
• The leasehold tenure runs for 99 years and is renew-
able for a further 99 years. Further renewal possible
if there is no breach of the conditions in the existing
agreement.
• Land in the customary area can be converted to lease-
hold – thus allowing it to be used as collateral.
• Under the 1995 Act, land now has a value and can be
sold even without improvement on the land.
LAND ACQUISITION AND TRANSFER
Acquisition of Land by Non-Zambians
A non-Zambian can acquire land under following condi-
tions;
• He/She is a permanent resident in Zambia
• He/She is an investor within the meaning of the Zam-
bia Development Agency Act or any other law permit-
ting investment in Zambia
• In exceptional cases by Presidential consent in writing
• A person registers a company under the Companies
Act, with no less than 75% Zambian shareholding. Ti-
tle Deed will be issued in the name of the registered
company.
• Under a short term tenancy of not more than 5 years
• If the person is granted concession or right – under the
National Parks and Wildlife Act.
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Procedures
Before a land can be bought or sold, ‘State Consent’
must be obtained. The Commissioner of Lands is-
sues consent regarding application issues. If consent
is not granted within 45 days of filing the application,
the application is to be considered as granted.
If consent is refused, the reasons for refusal must be
furnished to the applicant within 30 days
Acquisition of Land in a Customary Area
The process of land access takes a number of steps
as follows:
• Consultations and finalization with both local gov-
ernment and traditional authorities on the availability
of the number of hectares land for the intended in-
vestment project.
• Consultations and Meetings with traditional select-
ed village headmen in the proposed area.
• Consultations and Meetings with traditional chief’s
advisory council and individual members in the pro-
posed area.
• Consultations and Meeting with land administration
local government authorities.
• Consultations and Meeting with Government line
Ministries and Departments and other stakeholders
in the district.
The Land Access process incorporates Technical
Steps such as:
• Reconnaissance surveys, which will be the initial
technical documentation and analysis of the land.
• Develop Bio-grids as sampling guides for both soil
and vegetation.
• Physical land assessment and evaluation of the
site.
• Landscape, adulation and slope assessment.
• Document available physical features like streams,
hills, etc.
• Document other associated ecological features
In order to acquire land in customary area one will
require;
• The written consent of the area Chief
• Approval of District Council in the area
• Additional approval from the Director of National
Parks and Wildlife, if the land is situated in Game
Management Area.
These approvals once obtained should be submitted
to the relevant District Council, which in turn will sub-