Imagine this. You approach a Chief. You follow tradition and are shown land. The headman confirms it and you clear it. You then build a house, construct poultry houses and a piggery, and plant fruit trees. Years later, someone informs you that you cannot remain on that land. Is that legally possible in Zambia? Let us look at what the law actually says.

What Is Customary (Traditional) Land?

Under Section 3 of the Lands Act:

“All land in Zambia shall vest absolutely in the President and shall be held by him in perpetuity for and on behalf of the people of Zambia.”

This includes customary land. Section 7 of the Act provides:

“A person shall continue to hold land under customary tenure in accordance with the customary law applicable to the area in which the land is situated.”

This is important. It means:

• Customary land is legally recognised.
• Your rights are governed by customary law.
• Your security depends on recognition within that traditional structure.

However, customary tenure does not automatically create a registered ownership right under statutory land law. There is no Certificate of Title, no survey diagram registered in your name, and no 99-year lease.
You have recognised occupation, NOT statutory ownership.

What Is Leasehold (Titled) Land?

Section 8(1) of the Lands Act states:

“A person who holds land under customary tenure may apply to the President for the conversion of such tenure into a leasehold tenure not exceeding ninety-nine years”

Section 8(2) further requires that conversion can only take place with:

• The approval of the Chief,
• The consent of the local authority.

Once approved and processed through the Commissioner of Lands, a Certificate of Title is issued for a lease period (usually 99 years). That 99-year lease:

• Is registered at the Ministry of Lands,
• Is enforceable in court,
• Can be used as collateral,
• Is protected under statutory land law.

This is why titled land provides stronger legal security than customary occupation.

Development Does Not Equal Ownership

Many farmers believe that once permanent structures are built, the land becomes legally secure. The law does not say that. There is no provision in the Lands Act stating that development automatically converts customary land into leasehold. Until Section 8 conversion is completed and title issued, the land remains customary. That distinction matters.

What Happens When a Chief Changes?

This is where problems often begin. The Lands Act requires Chief’s approval for conversion. However, the Act does not clearly state what happens if:

• A Chief who granted consent dies,
• A Chief is removed,
• A new Chief refuses to recognise prior allocations,
• A caretaker or acting traditional authority granted consent.

Because customary land is governed “in accordance with customary law” (Section 7), disputes during succession can create uncertainty. If conversion was not completed before the change in leadership, the new Chief may:

• Question the validity of earlier consent,
• Refuse to ratify allocations,
• Dispute the boundaries granted.

The statute does not explicitly protect a farmer in that transitional situation. This legal silence creates vulnerability.

Would you like to export Soya beans? Read this article

What If There Is No Chief?

In some areas, chieftaincy disputes or vacancies occur. During such periods:

• Headmen may allocate land.
• Acting leaders may issue informal consents.
• Communities may recognise allocations informally.

But here is the legal issue. Section 8 specifically refers to the Chief’s approval for conversion. A headman’s allocation, while recognised under customary practice, does not necessarily satisfy statutory conversion requirements. This creates two risks:

• The allocation may later be challenged when a substantive Chief is installed.
• The conversion process may stall because statutory approval requires the recognised Chief.

In practical terms, land allocated during a vacancy can become legally unstable.

Can a Farmer Be Removed?

In many cases, disputes are resolved traditionally. But if a dispute escalates and you have no leasehold title, your position is weaker under statutory law because:

• You do not hold registered leasehold.
• Your rights are dependent on customary recognition.
• There is no formal state record showing you as the lessee.

That does not mean removal is automatic. But it does mean your security is conditional.

Want to know what everybody else is growing in Zambia? Read this article

Should Farmers Convert to Title?

Conversion is not free. It involves:

• Survey costs,
• Council procedures,
• Statutory approvals,
• Fees.

For subsistence farming, it may not be necessary.

For commercial operations, poultry units, piggery infrastructure, irrigation, agro-processing, land security becomes a business decision. If you are investing heavily, you must ask if your land is protected under customary recognition only or under statutory leasehold title.

Final Reflection

Customary land sustains most of Zambia’s farmers. It works and feeds families. It supports communities. But legally, it is different from titled land. Before you build permanent infrastructure, ask yourself:

If leadership changes tomorrow, what legal instrument protects my investment? This is not just a legal question. It is a farming risk management question.

Reference:

https://www.parliament.gov.zm/sites/default/files/documents/acts/Lands%20Act.pdf