How Bill 13 Was Defeated

How Bill 13 Was Defeated

COMMITTEE’S OBSERVATIONS AND RECOMMENDATIONS

In considering the Lands and Deeds Registry (Amendment) Bill, N.A.B No. 13 of 2025, the Committee was able to interact with various stakeholders, who among them included the Law Association of Zambia; Transparency International Zambia; Lands Tribunal; Zambia Land Alliance; Zambia National Farmers Union and Medeem Zambia Ltd.

The Committee interacted with the Ministry of Lands and Natural Resources; and the Ministry
of Green Economy and Environment, and also interacted with Members of the Public who included Mr Dickson Jere; Mr Elijah Simbai; and Mr George Chisanga, MP. Based on the interaction with the stakeholders, the Committee observes as follows:

The Committee was informed that the cancellation of a certificate of title was the preserve
of the Court, and its cancelation disinvested property rights from an individual, which could only be done by the Court.

Stakeholders cited the Supreme Court ruling in the case of Corpus Legal Practitioners v Mwandani Holdings Limited – SCZ Judgment No.50 of 2014,
which guided on the matter as follows;

“In our view, section 11 of the Lands and Deeds Registry Act is concerned with the process of
correcting errors and omissions to entries made in the land register by the Registrar of Lands and Deeds.

It does not empower him to determine disputes which have an effect of determining the rights of the parties to any land or cancel a certificate of title issued to the registered proprietor of the land to which it relates

We further take the view that a person alleging fraud or any other impropriety with
regards to the issuance of title, must challenge the same through a Court action and prove the
allegations of fraud or impropriety as the case may be, to obtain a Court Order for the cancellation of
the affected certificate of title by the Registrar of Lands and Deeds.”

The Committee was informed that Article 233, of the Constitution of Zambia provided for the establishment of the “Lands Commission” which should be responsible for the administration, alienation and management of land in Zambia.

Stakeholders submitted
that since 2016, the Lands Commission had not been established and remained on paper.

Stakeholders submitted that the establishment of the Lands Commission would have eased the situation by taking way powers of individual civil servants from making decision on land and land acquisition.

The Committee consisted of Mr Kasauta S Michelo, MP (Chairperson); Mr Tyson
Simuzingili, MP; Mr Michael J Z Katambo, MP; Mr Lusale J Simbao, MP; Mr Yotam
Mtayachalo, MP; Mr Andrew Tayengwa, MP; Mr Peter Phiri, MP; Mr Mweemba
Malambo, MP; and Mr Ackleo I A Banda, MP.