agents of the State from taking possession or occupation of, or entering
upon, the appellant’s property.
344.
The Supreme Court held that Government can compulsorily acquire land
as prescribed by the Lands Acquisition Act to give faithful effect to the
spirit and intent of Article 16 (1) of the Constitution.
C.
ADMINISTRATIVE MEASURES
Land Tenure
345.
Zambia’s land tenure system is held under leasehold tenure and
customary tenure.
Those who hold land under leasehold tenure are
perhaps more likely to enjoy their land rights.
346.
On the other hand, customary tenure is devoid of security since one’s
continued stay in a particular place will depend on the good will of the
Chief. Women are more disadvantaged under customary tenure because
of the cultural perspective of women in a village setting. However, being
cognisant of the various customary practices, the State party is in the
process of codifying customary law in order to make it responsive to the
dynamics of society.
Lands Tribunal
347.
The State party has an independent Lands Tribunal that inquires into and
makes awards and decisions in any land disputes. The Lands Tribunal is
established pursuant to Section 20 of the Lands Act. It is composed of a
Chairman, Deputy Chairman, an advocate from the Attorney-General’s
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