CHAPTER 14
ARTICLE 14
The right to property shall be guaranteed. It may only be encroached upon in
the interest of public need or in the general interest of the community and in
accordance with the provisions of appropriate laws.
A.
LEGISLATIVE MEASURES
The Constitution
334.
The State party reports that the right to property is guaranteed by Article
16 (1) of the Constitution which provides:
“Except as provided in this Article, property of any description shall not be compulsorily
acquired, unless by or under the authority of an Act of Parliament which provides for
payment of adequate compensation for the property or interest or right to be taken
possession of or acquired”.
Lands Act
335.
The Lands Act, Chapter 184, provides for persons eligible to own land and
for the administration of land by relevant authorities.
It provides in
Section 3 (1) that all land in Zambia vests in the President and is held by
him in perpetuity for and on behalf of the people of Zambia.
336.
The President in Section 3 (3) can alienate land to non Zambians under
the following circumstances:
“(a)
(b)
where the non-Zambian is a permanent resident in the Republic of Zambia;
where the non-Zambian is an investor within the meaning of the Investment Act
or any other law relating to the promotion of investment in Zambia;
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