Press Statement: ZLA GIVES SUBMISSION TO NCC LAND COMMITTEE

Posted Feb 06, 2009

Civil society believes that the inclusion of a Land Chapter into the Zambian Constitution is a critical step forward in improving land administration in the country and addressing challenges that surround this important resource.

Zambia Land Alliance (ZLA), a network of non-governmental organizations, made this statement when it presented its Recommendations for the Land and Environment Committee of the National Constitutional Conference (NCC) Paper to the NCC Land and Environment Committee on January 27 at Mulungushi International Conference Centre in Lusaka.

ZLA was invited by the Committee to come and present their recommendations to better the constitution-making process.

"Civil society sees two main areas of contention within the draft Constitution as it pertains to land," said ZLA Executive Director Henry Machina. "These contentions include concern over the neglect of customary land and the inferior legal status of customary land tenure and concern over the lack accountability in the administration of land."

ZLA member Matongo Mundia also said civil society believes citizens are key stakeholders and have a role to play in the formulation; implementation and monitoring of land policies and laws in the country and the Constitution should take this into account.

Civil society is also of the view that state land that is no longer being used for its intended use should revert to customary land from which it was originally converted. Currently there is no provision in the law to revert state land back into customary tenure. This change would give equal rights to both statutory and customary tenure systems in the eyes of the law.

Machina continued civil society believes that customary land shall be administered by the customary authority with the full participation of the local community through transparent, accountable, well structured and engendered arrangements.

"In terms of strengthening accountability in land administration, civil society agrees with the Constitution's call for an independent Lands Commission which would alienate land and have oversight over the formulation of land policies and laws in the country," said Machina.

ZLA presented its recommendations paper to over forty commissioner's current sitting on the NCC Lands and Environment Committee.