Between Customary and Statutory Tenure: Understanding Large-Scale Land Acquisitions in Zambia

Abstract

The last decade has witnessed an increasing interest by foreign investors in the acquisition of agricultural land in the developing world. This phenomenon has soon come to be defined as land grabbing due to the controversial nature of the land deals and to their impact on the livelihood of rural populations. According to recent estimates, more than the 60% of these land acquisitions have taken place in sub-Saharan Africa, a region characterized by inherently pluralistic legal systems.In line with the regional trends, Zambia has been targeted by foreign investors interested in acquiring large tracks of land for agricultural purposes. The land tenure system of the country is the complex outcome of hybrid legal orders that stratified over the centuries. In particular, the role of traditional authorities, i.e. chiefs, in land management is still prominent as the 94% of land is officially classified as “customary.”By adopting a legal pluralist perspective, this chapter looks at the dynamics between customary and statutory tenure in Zambia in light of contemporary land-grabbing processes. It provides a legal analysis of the framework in which land investments are negotiated, by outlining the land tenure system of the country. In particular, this chapter focuses on the process of alienation of land from the customary domain in the case of foreign acquisitions by outlining the procedures and guarantees envisioned by national legislation. Together with a critical discussion of the land legislation in Zambia, it illustrates large-scale acquisition cases and incorporates insights from ethnographic fieldwork in three districts of the country.