On 16th August 2024, Parliament enacted the Lands Tribunal Amendment Act Number 7 of 2024 (in this article referred to asthe Amendment Act”). The Amendment Act emerged as a response to the deficiencies at the Lands Tribunal, such as the lack of decentralisation, the delays in appointing Tribunal members and unclear appeals procedures.
We briefly summarize some of the salient provisions of the Amendment Act.
- Establishment of the Principal and District Registries (Section 3 of the Amendment Act)
The Amendment Act establishes district registries. Previously, the Tribunal only had a registrar’s office in Lusaka. Now the Tribunal Chairperson can designate district registries in a place that the Chairperson may determine. This will enable residents of remote and rural communities to resolve their land disputes without the need to travel to Lusaka. While the Tribunal Chairperson has made no designations yet, the change in the law is a significant step in making the Lands Tribunal more accessible to the public.
- Composition of the Members of the Tribunal (Section 4 of the Amendment Act)
Section 4 of the Amendment Act has amended section 5(1) of the principal legislation, specifically paragraph (I), to require that two of the three Tribunal members from the public and private sectors should be legal practitioners. This enhances the Tribunal’s land law expertise, as legal practitioners possess specialized training and knowledge in land matters.
- Appeals (Section 9 of the Amendment Act)
The Amendment Act now provides that appeals from the Lands Tribunal proceed to the Court of Appeal. Previously, the High Court heard these matters. The High Court currently faces an extreme case backlog caused by the limited number of Judges and an increased number of cases being filed.
Conclusion
The amendments introduced to The Lands Tribunal Act of 2010 are a positive change and promote accessibility and efficiency at the Lands Tribunal, and optimistically by extension, in the justice system in Zambia.
