SOAS Research Online

Abstract

This thesis discusses the evolution of the land tenure system of Zambia over the years 1924 to 1975. This is done by tracing the development of government land policies from the establishment of the Colonial Office rule (superseding the British South Africa Company administration). The presence of Europeans in a country predominantly inhabited by Africans required a land tenure system that could accommodate the interests of both races. The British South Africa Company which retained some land and extensive mineral rights continued to constitute an important economic group. Thus the Company became also interested in moulding a land tenure system compatible with economic expansion. The Imperial Government, on the other hand, exercised the right of control over all categories of interests in land. On the Territory's attainment of Independence in 1964 these factors influencing policy developments in the land laws faded away. The Imperial Government and the Company disappeared and the remaining European settlers lost the power base. African interests now became pre-eminent. However, the Government of the Republic now controls the use of land. The thesis is arranged in five parts. Part I is introductory and consists of Chapters 1 and 2. Chapter 1 discusses inter alia the origins of title to land. Chapter 2 explores the nature of indigenous title to land. Chapters 3-5 in Part II trace developments during the colonial period: 1924 to 1964. Chapter 6 reviews the post independence era: 1964-1975. Chapter 7 in Part III appraises the vacuum created in the law applicable to dealings in land after Independence. Part IV consisting of Chapters 8 and 9 evaluates Government control in land use and the facilities available in assuring a landholder's rights. Part V concludes with chapter 10 suggesting the need for overall land reforms. Research undertaken includes both oral and documentary sources.