Customary land is owned by indigenous communities and administered in accordance with their customs, as opposed to statutory land which is based on leaseholds. The procedure for acquiring customary land is not complicated as it is done through the village Headmen or Chiefs. This helps to accommodate vulnerable people who have no capacity to buy statutory land. In instances where traditional land is sold, the procedure to convert it to statutory land is properly defined by law.

Customary land is a major resource for sustainable livelihoods for the majority of Zambians. The lack of codification of customary law and its decentralised administration with limited transparency or communication between the State and customary systems can lead to tenure insecurity. The management of customary land is currently extremely decentralised through chiefs and their indunas and headpersons.

Within chiefdoms, it is commonly perceived that land “belongs” to the chief. Although legally, all land is vested in the President, in practice, traditional authorities exercise nearly exclusive power over customary land administration. This creates complicated relationships between the government, the chiefs, and their subjects with respect to tenure security. This panel will discuss the land tenure system in Zambia and will focus on codification of customary land law and harmonisation of the traditional leaders’ authority over customary land administration. Panelists will explore how customary land law can be strengthened while ensuring community land rights.