Lands Act, 1995

5. ( 1 ) A person shal.l nm sell, transrcror assi·gn any land without the consent of the President and shall accordingly apply for that consent before dping sr,. Consenl (>f Prcsidcnl (2) Wbcrc a-p��son applies 10� consent"under silbseotiol(I) and the eonsq1t _i� not grnntcd·w\th'n forty-five·. days of filing - the . application, the conscm shall be deemed to have been granted. - (3) Where t11e President refuses 10 grant consent within lhiny days. he sha11 give reasons fof \he rc!i1sal. . , (4) A person agg1ieved with the decision or the Presi.dent to refuse consent may within thirty tlays or such refusal appeal to the L�nds Tribunal for red �ss. Surrender or land held by a Council i'

6. ( l ) Subjcci to subsection (2), all l antl held by a Cooncilon of a lease including that wi1ich has been subleased, for a· period ninety-nin� .years or less slrnll, by ·virtue or this Act ·and without further assurance Or convcy:incc, bt dcl!mcd to have-been surren- ' dercd 10 1hc Prcsidem am1 1hc sul)-!csscc be deemed to hold that 1:lnd, as i I' a ,1in-c1 leas,· 1,ad been µr:mlcd !J�, the President . ° . (�) Suhj,;e1 10 ,ulw·,·1 i,,,, : :1 1 111,· .,dhksscc relcrrctl in in soil· : I J ,11,i ll k ,k,· 11,, , I 111 111,,ltl land on Ille co11di1iti11s·:md ::crn,·,i: , , 111•:, ·1 1, 1 1 11·; tl ! tlh· k:1.-:l: .1:r:111\1.'d 11, 1 I i.· t 't11111l'i I. l:Xc:cpt that tile lessee · 11:ill p.1-. •,twh ,1:1i 111nl i11uu1,.' r, , d 1t1 1lu· l 'rc."ii<klll :1s 111ay he p,� ,1' 1'!1 11:d !,, ·.t:11u11 11 ·,• in•:lllll\H'III ··-·-·- 274 No. 29 of 1 995! La!ULt Cap. 44l (3) Subsection (l � slml! n01 apply to land held by the Co forthcirown usc�,rhcldundcrthc Housing(Sta1u10ry!111prn c Areas) Act. Customary holdings to be rcc<>_gniscd and to continue Conversion of customary tenure intd leasehold tenure (4) '0n rnc,commcnccmcn1of1hisAc1, and on lhcpaymcnl 0 1 �;;:;.scribed fee. the Registrar shall endorse on the relevant folio'() the rcgisicr, the effcci-of !his section.

7. (l) Notwithstal)ding subsection (2) of secrior, ,nirty-nvo l>ul subject 10 section 1u!ic, every piece of land in a cus1omary ;111:11 which i mmcdi�1cly before the commencement of rhis Act was vcs1cd in or held by :my person under customary tenure shall contique 10 beso hc!dand recognised and any provision of this Ac! or any other law shall 1101 he so construed as to infringe any cuslomary right enjoyed by 1ha1 person before the commencement o f this Act. (2) Notwithswnding section 1/zir1y-rwo, the rights and privileges of a: 1y person to hold land under customary tenure shall be recognised and anysuch holding undcrthc customary law applicable to the area in which a person l1as scLllcd or intends to senle shall not be construed as an infrigcmcm of any provision of this Actor any other law except for a rigl11 orohligation which may arise underany olher law.

8. ( 1 ) NoI\\;'ill1standing section seven, afterthe commencemenl of this-A cl; any person who holds land under customary tenure may conven it into a leasehold tenure notexceedingninety-riine years on application, in the manner prescribed, by way of- (a) a grant of leasehold by the President; (b) any other title tlrnt the President may grant; (c) any 01her l:iw. (2) The conversion of' rights from a customary tenure to a leasehold tenure shall have e!Jcctonly afterthe approval of the chief and the local aut11orities in whose area the land to be convened is ·s·iiua1ed, and in Lile case or a game management area, and the Dirccto'r 6f National Parks and Wildlife Service, the land 10 be converted.shall hi1vc been identified by a plan showing the exacL extent of the land. to be convc11cd. (3) Except for -a right which may arise under any other law in Zambia•.'110 title, 01her than a right to the use and occupation of any land und�r customary tenure claimed by a person, shall be valid unless it has hccn confi1111ed by the chief, and a lease granted by, the Presidcnr Lands [No. 29 of 1995 275 Prohihition or unaulhoriscd <iccupation of land Renewal of leases Cap. 296 Ground rcnl and bcncfiL ·of lessee's covenants and condilions Appmticm­ mcnt of conditions on severance

9. ( 1 ) A person shall nol without lawful authority occupy or continue Lo occupy vacant land. (2) Any person who occupies land in contravention of sub­ section ( 1 ) is liable Lo he evicted. _ 10. ( 1 ) The PrcsidenL shall renew>a lease, upon expiry, for a further Lenn nol exceeding ninety-nine years'ir he i., satisfied Lhal the lesi;cc has comrlicd with or observed U1e Lcnns, conditions or covcnanL, o f the lease and the lease is nol liable Lo forfeiture. (2) I f Lhe President docs not renew a lease Lile lessee shall be entitled to comrensation for the im provements made on the land in accordal'lcc with the rroced ure l aid down in the Lands (Acquisition) Acl. I I . ( 1 ) Notwithstanding severance o r a rcvcrsionary eslate, ground rent and the hencf"it or every covenant or provision con­ tained in a lease or any Act or Parliamc111 having rcrcrcncc Lo the -subjeci matter or U1e lease sl1all be annexed and incidental Lo, and shall go with. tile reversionary cs1:ne i n the land or in any parLofLhe estate immediately expectant on 1l1e term ·granted by the lease. (2) The obligation under a condition o r a covenant entered into by the President cir contained in any Act o r Parliament having reference Lo the subject m allcr o r Lhe lease shall be annexed and incidental Lo and shall go with Lhe ;·evcrsionary cslalc, onhe several pans o f that esuac, notwithstanding sc,:erancc or that estate and may be enforced by the person in - whom the term is vested by assignment, transfer, devolution in-law or ot herwise. (3) Subsection ( 1 ) shall be without prejudice 10 any covenant, lease or Act o r Parliament which imposes a duty on a lessee to obsc,vc or perfo1111 the coven.mt am! Lo every condition of rc-emry.

12. ( 1 ) Every ·condition or right or re-entry and every other condiLion contained in Lhc lease excepL r,,r ground rcnl rixqd in Lile gram shall be apportioned, in I ike ,nanner as i r Lhc l and comprised in each several p_art, or Lhe land as Lo which the term remains subsisting, as the case may be, had alone originally been comprised in the lease, notwi thstandi ng- ( a) the severance by assignment. transrer, su rrender, or other­ wise of'lhe revcrsionary estate in any land comprised in a lease or any other grant o r land: and (h) the avoidance or ccsser in any other m anner of the term granted by a lease as Lo pan only of the l and comprised in the le:1se. i I ! 276 No. 29 of 1 9951 Lands Certificate (lr re-entry lo be entered on register (2) Every condition or right or re-emry referred Lo in suhsecll ( 1), shall remain annexed 10 1he severed parts of Lhc reversio1111r estate as the lerrn where each several pan is reversionary, onhe term in pan of lhe land as Lo which the Lenn has nol been surrendered m· has been avoided or has 1101 ceased in the manner as if lhe land comprised in each several pan, or the, land as Lo which the term remains subsis1ing, as lhe case may be, had alone originally tiecn comprised in Lhe lease. (3) This section applies Lo leases or any other grant subsisting before or made afler Lhe commcncemcnl of lhis Act and whether the severance of Lhc revcrsionary estale was effected before-or after Lhc commenccmcm or 1his Ac1. 1 3_ (I) Where a lessee breaches a term or a condition of a covenant under this Act Lile President shall• give Lhe "lessee three months notice o r his i111e111ion 10 cause a certificate of re-entry 10 be entered in the register in rcspecl of tl1e land held by the lessee and requesting him 10 make representations as to why a certificate or re­ entry should not he entered in the register. (2) Irthe lessee docs 1101 within three months make the represen­ tations required under suhseclion (1 _), or if afler making representa­ tions the Presiden1 is 1101 salislied that a breach of- a term or a condition of a covena111 by the lessee was not intentional· or was beyond the control ·or the lessee, he may cause the ccnifieate of re­ entry 10 be en1ered in 1he rel,is1cr. (3) A lessee aggrieved with the decision of the P,rcsidcm 10 cause a ccni ficatc or re-entry 10 be entered in Lhe register may wiLhin thiny days ap("ieal to I he Lands Tribunal foran order that the register be rec tined. Payment and penally for late payment of rent I 4. · (1) A lessee shal I pay s·uch ground rem as may be prescribed by 1he Presiden1, by.s1a1u1ory i11s1rume111. (2) Subject 10 subsection ( 3) where any amount of ground rem unpaid a l'tcr the day on which ii becanie payable under subsection (1) remains unpaicl af"ler 1l1c day on which it became payable, the lessee shall be liable 10 pay a penalty of" Lwemy-five per cemum of lhe rcnl due. • Application to Lands Tribunal on land disputes 1 5. (1) Any person aggrieved with a direction or decision of a perspn in authority may ap�ly to the Lands Tribunal for deterrnina­ Lion. (2) In this section" person in authority " means the President, the Minister or the Rcgis1rar. -�-� - -, ... ,,,,_.,,. "'·".lf i :r i .) ·, I ··. '-· I l r ,, t t � 'i £ I 1"1 ,-,l'!l \,;-:� '· -��. 1."::.:- ?t ith :,:1 - -�� � ,(, ;,·. :, -� ', ·): ,.::\ {· . • Lm1ils [No. 29 of 1995 277 PART I l l T111; LASD D1ivEi.01>,1E:<T F1:,m

16. ( 1 ) There is hereby establi::hcd a Land Develc:>pmcnt Fund. (2) The Fund shall consist o f - Land Develop­ ment Fund ( a) all moneys aprropriated by Parliament l'onhe purposes of the Fund; (b) seventy-live per cent um or the consideration paid under section/our; and (c) rir1y per cent um or ground re111 collected rrom all land.

17. The Fund shall he vested in the Minister responsible for linance and shal,I be managed anti admi11is1cred by the M inister responsible 1hr land.

18. ( I ) The Mini sters rercrred 10 in section seventeen shall apply the moneys of the Fund 10 the opening up or new areas for developmen t of land. Administra­ tion of the Fund Application of moneys of the Fund (2) A council that wishes 10 develop any area in its locality may apply to the F,_•'ld for money 10 dcvelor the area. 1 9 . The 1V1inisters referred to in section seventeen shall cause an' annuai statement or the inco·me ,md exrell(liture to be prepared and laid before the National Asse1i1hly. Statement o r income and expenditure PART l V T11n LANDS TK1m:�,,1.

20. ( 1 ) There is hereby established a Lands Tribunal . (2) The Tribunal ·shall consist ol' the following members who Lands Tribunal shall be aprointcd by the Minister: ( a) a Chairman who shal I be qua\ i lied 10 be a judge o'f the High Court; (b) a Deputy Chai1man who shall be quali iied to be appointed as a judge ol' the High Court: (c) an advocate from the Auomey-Gcneral 's Chambers; ( d) a registered town planner; (e) a registered land su1vcyor; (f) a registered valuation surveyor: and (g) not more lh,m three persons rrom ihe public and private sectors. . . . •.. ,,!lllllillilliil . :i-� . , ' . 278 No. 29 of 1 995] Land, (3) The membc•,i;e,(9rju Lo in paragraph ( a) and (b) of subsec­ tion (2) ·shall be appo, nlcd aner consull:ilion with the Judicial Sen,ice Commission. bers)lf" lhe Tnbun'.11 shall be appointed on s�ch n (4) The mc, _ _ terms and cond 1l10l)Kas m,1y he speer lied m lheir lellers ofappoml- . merii: 2 1 . The Tribupal m;w :_1ppoinl persons who have abi)ily and· experience in land, agric.uiiurc·, commerce or olhcr relevant prof cs­ sional qualifications as asse�sors for purposes of assisting it in the determination of any mauer ·under this Acl . Assessors Jurisdiction of Tri bun.ii

22. The Tribunal sl1all have jurisdiction lo- (aJ inquire imo and make awards and decisions in any dispulc relating 1\1 land under this Act: (b) 10 inquire into. and make wards and decisions rela ting 10 any dispute or compensation to be paid under lhi"s Act: (c) general I y lCl inquire and adjudicate upon any matter affcq­ ing the land rights and obligations, under this Act, of any person or the Govemmcnl; and ( d) lo pcrfonn such acts and carry oul such duties as may be prcscrilicd under lhis Acl or any other wrillen law. Procccding:­ of Tribunal

23. ( 1 ) The Chainnan or 1he Deputy Chairman shall preside over the sit tings of the Tribunal. , . (2) The Tribunal, when hearing, any maller, shall bed uly consti­ lutcd if ii consisls or live members which number shall include ei1her 1he Ch:iinnanor 1he Deputy Chai mian. (3) The detem1 i nalion or any mmter before lhe Tnblmal shall be according 10 the opinion 01"111e majorilyofthe members considering lhc mailer. (4) A member or the Tribunal or an assessor shall not si1 at a hearing of the Tribunal ir he :1s any interest direct o"r indirect, person:11 or pecuniary, in any matter before the Tribunal. (5) The Trit)1mal shall 1101 be hound by lhe" rules of evidence applied i n civil proceedings. � - : Rules

24 . . The Chier Justice may, by SlalulOry ins trument, make rules- (a) regulating 1he procedure of l11e Tribunal; and (/J) prescribing 1l1e riroccdurc for the summoning and appear­ ance of wi lnesscs and lhc production of any document or other evidence before the Tribunal. L1111<Lr .[No. 29 of 1995 279

2S. A persc;n.;1ppcaring as ii pai l.Y. before the Tribunal may apr,;:ai in person or thmugh a legal prac!it1O1:;;rat his own expense.

26. If the Tribunal is �atisticct lhat any appiicadon to the 'Jlribunal is f rivclous. or vexatious, i t m1!_y 0rdcr the.applicant to pay his costs, that of the other party and that of lht Gv"J�rnment in connection with the proceedings. . .

27 . . The expenses and costs of the Tribunal shall be paid out of funds appropriated by Parliament for the performance of the Tribunal 's runctions under this Act. r

28. The Ministry responsible ro. legal affairs shall provide the necessary secretarial and accowi1 ing assistance to the Tribunal to cna_blc the Tribunal to perform its runctlons under this Act.

29. Any person aggrieved by any award, declaration or deci­ sion of the Tribunal may within thirty days appeal to the Supreme Court. PART Y GE,-,EKAI. Legal representa­ tion Frivo1ous or v..:.xatious procecdingS Expenses of Tribuna] Sccr:etanal and accounti�g Appcols

30. Subject to Jhc other provisions of this Act, nothing in this Act shall affect any estate, 1ight or interest legal or equitable, in or over any. land which was at an/time before the commencement of this Act created, granted, rccogni_sed or acknowledged . Saving of existing interests and rights 3 1 . ( I ) The Minister may, by statutory instrument, make regu- Regulation, . lations for the bcuer carrying out of llie provisions of this Act. (2) In particular, but without prejudice to the generality of subsection ( I ), such rcgulationsmay prcsc1ibe- . . . ( a) the terms, conditions and covenants .of leases; (q) the procedure for applying for Lhe President's consent to any transaction relating Lo o r affecting land; (c) the procedure for convening customary tenure to leasehold ,., I I tenure; (d) the procedure for applying for the renewal of a lease; ( e) the ground rent for land; and

1 ., • • I I I I I (f) any other mallcr which is to be or may be prescribed under . . . thi� Act.

32. (I )The Land (Conversion of Titles) Act is hereby repealed. (2) The Laws set out in the Scl1edul� arc hereby repealed. Repeal or Cap. 289 and Laws in Schedule 280 No. 29 of 1 9951 l.a11d.,· SCHEDULE (Scclitm 32) RE1•1:,,1.ED L,ws

1 . The Zambia (Sl�lc L;mds ;mcl Reserves) Or�lcrs, 1928 to 1964.

2. Tr.c Z,mbia (Trust Land) Orders, 1 947 Lo 1 964.

3. The Zambia (Gwcmbc District) Orders. 1959 to 1964.

4. The Western Province (Land and Miscellaneous Provisions) Act, 1 970. ; ; f i' ·, I , I I. ' ,. " i ' I