Africa-Press – Zambia. A visiting Congolese national – on an entry permit – purchased a piece of land in Zambia. He even managed to get title deeds from the Ministry of Lands before a dispute arose over the same land. It turned out that the same land was demarcated by the Commissioner of Lands and allocated to other people.
This dispute prompted a case in the High Court, which later escalated to the Supreme Court, over the ownership of this parcel of land by the Congolese national.
The thorny issue in Court was whether a Congolese can legally own land in Zambia when he was merely on an “entry permit”. A panel of three Supreme Court Judges stated thus;
“We have not come across a document issued by the Immigration Department, which qualified the Appellant to be established Resident at the time he acquired the land in question,” the Judges noted.
He had only stayed in Zambia for one year and had not become an established Resident, which required a minimum of four years.
“Consequently, he was not a Permanent Resident in terms of the Lands Act to entitle him to own land on title,” the Judges said, and dismissed the case by the Congolese.
The Court explained that if the Congolese wanted to own land with an “Entry Permit” in Zambia, he should have obtained permission from the President in writing in accordance with the Lands Act.
The Judges listed the circumstances in which a non-Zambian can own land as follows;
“A non-Zambian individual can own land in Zambia if he (i) is permanent resident, (II) an investor, (iii) has obtained consent of the President in writing under his hand,” the Court said.
Other circumstances includes a non-Zambian company registered here but with less than 25 percent shares owned by non-Zambians, or where you have inherited the land up upon death and usually through Will, or indeed where you have been given a concession in the game areas.
Case citations – Kalyoto Paluku v Granny’s Bakery Limited and Others – (2006) ZR 119.
Lecture Notes;
1. The other circumstances which non Zambians can own land is through the Land (Perpetual Succession) Act for non-profit making organizations such as charitable, religious and philanthropic groups but must be approved by the Minister.
2. A non-Zambian commercial banks have also been allowed to own land in Zambia once they are registered under the Banking and Financial Act,Ana well as a non-Zambian Co-operative with less than 25 percent of its membership being non-Zambians. The law also allows a non-Zambian statutory body created by an Act of Parliament.
3. So, there are a total of 10 exemptions for non-Zambians to qualify and own land in Zambia.
4. Ministry of Lands, how did the foreigner who does not qualify to own land in Zambia managed to get a title deed? You see where the rot is?
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