LANDS TRIBUNAL ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
THE LANDS TRIBUNAL
3. Continuation of Tribunal
3A. Establishment of principal registry and registries
4. Jurisdiction of Tribunal
5. Composition of Tribunal
6. Tenure of office and vacancies
6A. Allowances
7. Registrar, Assistant Registrar and other staff
8. Application to Tribunal
9. Repealed
10. Proceedings of Tribunal
11. Powers of Tribunal with respect to proceedings
12. Judgment of Tribunal
13. Publication of judgments of Tribunal
14. Frivolous or vexatious proceedings
15. Immunity of members and staff of Tribunal
16. Appeal to High Court
17. Expenses of Tribunal
18. Rules
PART III
GENERAL PROVISIONS
19. Costs
20. Offences
21. Regulations
22. Transitional provisions
23. Savings
AN ACT
to continue the existence of the Lands Tribunal; provide for the powers and functions of the Tribunal; and provide for matters connected with, or incidental to, the foregoing.
[23rd December, 2011]
Act 7 of 2024,
SI 140 of 2011.
PART I
PRELIMINARY
This Act may be cited as the Lands Tribunal Act.
In this Act, unless the context otherwise requires—
“assessor” means a person appointed as such under sub-section (7) of section 10;
“Assistant Registrar” means the person appointed as Assistant Registrar under section 7;
[Ins by s 2 of Act 7 of 2024.]
“Chairperson” means the person appointed as Chairperson of the Tribunal under section 5;
“council registrar” has the meaning assigned to it in the Housing (Statutory and Improvement Areas) Act; and
“Deputy Chairperson” means the person appointed as Deputy Chairperson of the Tribunal under section 5;
“district registries” means the registries designated by the Chairperson under section 3A;
[Ins by s 2 of Act 7 of 2024.]
“former Tribunal” means the Lands Tribunal established under the Lands Act;
“Lands Register” has the meaning assigned to it in the Lands and Deeds Registry Act;
“member” means a member of the Tribunal;
“person in authority” means the President, the Minister, the Minister responsible for local government, the Director-General of the Zambia Wildlife Authority, the Surveyor General, the Director of Forestry, a chief, the Registrar or a council registrar;
“principal registry” means the main registry of the Tribunal at which originating process and other proceedings may be filed;
[Ins by s 2 of Act 7 of 2024.]
“register” means the register kept under section 7;
“Registrar” has the meaning assigned to it in the Lands and Deeds Registry Act;
“Registrar of the Tribunal” means the person appointed Registrar of the Tribunal under section 7; and
“Tribunal” means the Lands Tribunal referred to under section 3.
PART II
THE LANDS TRIBUNAL
The Lands Tribunal established under the Lands Act, shall continue to exist as if established under this Act.
3A. Establishment of principal registry and registries
(1) There is established the principal registry of the Tribunal at Lusaka.
(2) The Chairperson may, by Gazette notice, designate district registries in a place that the Chairperson may determine.
(3) A complaint, application or other document required to be filed under this Act shall be filed at the principal registry or a district registry.
[S 3A ins by s 3 of Act 7 of 2024.]
(1) Subject to the Constitution, the Tribunal shall have jurisdiction to hear and determine disputes relating to land and in particular—
(a) to inquire into, and make awards and decisions in, any dispute relating to land under the Lands Act, the Lands and Deeds Registry Act, the Housing (Statutory and Improvement Areas) Act or any other law;
(b) to inquire into, and make awards or decisions in, any dispute relating to land under customary tenure;
(c) to inquire into, and make awards or decisions relating to, any dispute of compensation to be paid in relation to land under the Lands Act, the Lands Acquisition Act or any other law;
(d) to inquire into, and adjudicate upon, any matter affecting the land rights and obligations, under the Lands Act, of any person or the Government;
(e) to hear and determine appeals against a direction or decision of a person in authority relating to land under the Lands Act, the Lands and Deeds Registry Act, the Housing (Statutory and Improvement Areas) Act or any other law;
(f) to make orders for the rectification of entries made in the Lands Register;
(g) to make orders for the cancellation of certificates of title that it considers to have been erroneously issued or to have been obtained fraudulently, or that it otherwise considers necessary to cancel;
(h) to make any declaration that it considers appropriate and issue any order for the implementation of the declaration;
(i) subject to the State Proceedings Act, to grant injunctive relief or any other interlocutory relief that it considers appropriate; and
(j) to perform such acts and carry out such functions as may be prescribed under any other written law.
(2) An order of the Tribunal shall be enforced as if it were an order of court, if no application for the review of the order is made.
(1) The Tribunal shall consist of the following members who shall be appointed by the Minister—
(a) a Chairperson, who shall be a legal practitioner of not less than seven years legal experience;
(b) a Deputy Chairperson, who shall be a legal practitioner of not less than seven years legal experience
(c) a representative of the Attorney-General who shall be an advocate of not less than seven years legal experience;
(d) a representative of the Law Association of Zambia of not less than seven years legal experience; and
(e) a representative of the House of Chiefs;
(f) a planner registered under the Urban and regional Planners Act;
(g) a land surveyor registered under the Land Survey Act;
(h) a valuation surveyor registered under the Valuation Surveyors’ Act; and
(i) not more than three persons from the public and private sector, two of whom shall be legal practitioners.
[S 5(1)(i) subs by s 4 of Act 7 of 2024.]
(2) The members referred to under paragraphs (a), (b) and (c) shall be appointed in consultation with the Judicial Service Commission.
(3) The members of the Tribunal shall be appointed on such terms and conditions as may be specified in their letters of appointment.
(4) A person shall not be appointed as a member of the Tribunal if the person—
(a) is an undischarged bankrupt;
(b) is insane or of unsound mind;
(c) is in lawful custody or the person’s freedom of movement is restricted under any law in force within or outside Zambia; or
(d) has been convicted of an offence under any law and sentenced therefor to imprisonment without the option of a fine.
6. Tenure of office and vacancies
(1) Subject to sub-section (2), a member shall hold office for a period of five years from the date of appointment and may be re-appointed for one further term.
(2) The office of a member shall become vacant—
(a) upon the member’s death;
(b) if a member is absent without reasonable excuse from three consecutive sittings of the Tribunal of which the member had notice;
(c) if the member is adjudged bankrupt;
(d) if the member becomes mentally or physically incapable of performing the duties of a member;
(e) if the member is convicted of an offence under any written law and sentenced therefor to imprisonment for a term exceeding six months without the option of a fine;
(f) in the case of a member referred to under paragraphs (a), (b) and (c) of sub-section (1) of section 5, that member ceases to practise as a legal practitioner on disciplinary grounds confirmed by the Law Association of Zambia;
(g) in the case of a member referred to under paragraph (e) of sub-section (1) of section 5, that member ceases to practise as a planner on disciplinary grounds confirmed by the Zambia Institute of Planners;
(h) in the case of a member referred to under paragraph (f) of sub-section (1) of section 5, that member ceases to practise as a land surveyor on disciplinary grounds confirmed by the Survey Control Board; or
(i) in the case of a member referred to under paragraph (g) of sub-section (1) of section 5, that member ceases to practise as a valuation surveyor on disciplinary grounds confirmed by the Valuation Surveyors Registration Board.
(3) Wherever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another member in place of the member who vacates office but that member shall hold office only for the unexpired part of the term.
A member of the Tribunal shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine.
[S 6A ins by s 5 of Act 7 of 2024.]
7. Registrar, Assistant Registrar and other staff
(1) There shall be a Registrar of the Tribunal, who shall be appointed by the Judicial Service Commission.
(2) The Registrar of the Tribunal shall, subject to this Act or any rules made under this Act—
(a) issue all summonses;
(b) keep a record of all the proceedings of the Tribunal;
(c) keep, or cause to be kept and maintained, a register of all orders and judgments of the Tribunal;
(d) have the custody, and keep an account, of all fees and other moneys payable or paid to the Tribunal, and shall keep proper accounts thereof;
(e) subject to any rules made under this Act, hear and determine interlocutory applications:
Provided that no direction or order made on an interlocutory application shall operate so as to prejudice the Tribunal from giving such decision upon the case as may be just; and
(f) have such other functions and exercise such other powers as may be conferred by rules made under section 19 or by any other written law.
(2A) The Judicial Service Commission shall appoint an Assistant Registrar who shall exercise functions and duties that are delegated by the Registrar.
[S 7(2A) ins by s 6(b) of Act 7 of 2024.]
(3) A person aggrieved with a decision of the Registrar or Assistant Registrar may appeal to the Chairperson, and in the absence of—
(a) the Chairperson, the Deputy Chairperson; and
(b) both the Chairperson and Deputy Chairperson, the representative of the Law Association of Zambia.
[S 7(3) subs by s 6(c) of Act 7 of 2024.]
(4) A person shall not be appointed as Registrar or Assistant Registrar of the Tribunal unless the person is a legal practitioner with five years legal experience.
[S 7(4) am by s 6(d) of Act 7 of 2024.]
(5) The Tribunal may appoint other staff that the Tribunal considers necessary for the performance of the functions of the Tribunal.
[S 7(5) subs by s 6(e) of Act 7 of 2024.]
(6) The Emoluments Commission shall, on the recommendation of the Minister, determine the emoluments of the Registrar, Assistant Registrar and other staff of the Tribunal.
[S 7(6) ins by s 6(f) of Act 7 of 2024.]
(7) The Tribunal shall determine the terms and conditions of service, other than emoluments of the Registrar, Assistant Registrar and other staff of the Tribunal.
[S 7(7) ins by s 6(f) of Act 7 of 2024.]
(8) For the purposes of this section, “legal practitioner” has the meaning assigned to it in the Legal Practitioners Act.
[S 7(6) renumbered as s 7(8) by s 6(g) of Act 7 of 2024.]
A person may apply to the tribunal for a determination on any matter which falls within the jurisdiction of the Tribunal.
[S 9 rep by s 7 of Act 7 of 2024.]
(1) The Tribunal shall sit at such places and times as the Chairperson or, in the absence of the Chairperson, the Deputy Chairperson may determine.
(2) There shall preside at a sitting of the Tribunal—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Deputy Chairperson; or
(c) in the absence of both the Chairperson and the Deputy Chairperson, the representative of the Law Association of Zambia.
[S 10(2) subs by s 8(a) of Act 7 of 2024.]
(3) The Tribunal shall, when hearing a matter, be duly constituted if the Tribunal consists of three members, which number shall include either the Chairperson, Deputy Chairperson or the representative of the Law Association of Zambia.
[S 10(3) subs by s 8(a) of Act 7 of 2024.]
(4) Despite sub-section (3), an application for an injunction shall be heard by the Chairperson, Deputy Chairperson or the representative of the Law Association of Zambia sitting alone.
[S 10(4) ins by s 8(b) of Act 7 of 2024.]
(5) The Tribunal may sit as a Circuit Tribunal.
[S 10(4) renumbered as s 10(5) by s 8(c) of Act 7 of 2024.]
(6) Three members of the Tribunal shall constitute a Circuit Tribunal: Provided that each Circuit shall include the Chairperson or the Deputy Chairperson or the representative of the Law Association of Zambia.
[S 10(5) renumbered as s 10(6) by s 8(c) of Act 7 of 2024.]
(7) A hearing before the Tribunal shall, for all purposes, and in particular for the purposes of Chapter XI of the Penal Code, be deemed to be a judicial proceeding.
[S 10(6) renumbered as s 10(7) by s 8(c) of Act 7 of 2024.]
(8) The determination of any matter before the Tribunal shall be according to the opinion of the majority of the members considering the matter:
Provided that—
(a) in the event of an equality of votes, the person presiding at the sitting shall have, in addition to a deliberative vote, a casting vote; and
(b) where in any matter before the Tribunal the dispute to be resolved is on a point of law, the decision of the person presiding at the sitting, shall prevail.
[S 10(7) renumbered as s 10(8) by s 8(c) of Act 7 of 2024.]
(9) A person appearing as a party before the Tribunal may appear in person or through a legal practitioner at the person’s own expense.
[S 10(8) renumbered as s 10(9) by s 8(c) of Act 7 of 2024.]
(10) In any proceedings before the Tribunal, the Government may be represented by the Attorney-General or by any other person authorised by the Attorney-General for that purpose.
[S 10(9) renumbered as s 10(10) by s 8(c) of Act 7 of 2024.]
(11) The Tribunal may appoint persons who have ability and experience in land, agriculture, commerce or other relevant professional qualifications as assessors for purposes of assisting the Tribunal in the determination of any matter before it.
[S 10(10) renumbered as s 10(11) by s 8(c) of Act 7 of 2024.]
(12) If a member or assessor is present at a meeting or hearing of the Tribunal at which any matter in which the member’s or assessor’s spouse is directly or indirectly interested in a private capacity, is the subject of consideration, the member or assessor shall as soon as is practicable after the commencement of the meeting or hearing, disclose such interest, and shall not, unless the Tribunal otherwise directs, take part in any consideration or discussion of or vote on any question relating to that matter.
[S 10(11) renumbered as s 10(12) by s 8(c) of Act 7 of 2024.]
(13) A disclosure of interest made under this section shall be recorded in the record of the proceedings at which it is made.
[S 10(12) renumbered as s 10(13) by s 8(c) of Act 7 of 2024.]
(14) The validity of any proceedings, act or decision of the Tribunal shall not be affected by any vacancy in the membership of the Tribunal or by any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings.
[S 10(13) renumbered as s 10(14) by s 8(c) of Act 7 of 2024.]
(15) The Tribunal shall cause to be kept a record of its proceedings.
[S 10(14) renumbered as s 10(15) by s 8(c) of Act 7 of 2024.]
11. Powers of Tribunal with respect to proceedings
(1) The Tribunal may—
(a) order the parties or either of them to produce to the Tribunal such information as the Tribunal considers necessary for purposes of the proceedings; or
(b) take any other course which may lead to the just, speedy and inexpensive settlement of any matter before the Tribunal.
(2) The Tribunal may summon witnesses, call for the production and inspection of, any book, document, record and other thing, and examine witnesses.
(3) A summons for the attendance of a witness or for the production of any book, document, record or other thing shall be signed by the Registrar of the Tribunal and served in the same manner as a subpoena for the attendance of a witness at a civil trial in a High Court.
(4) Any person giving evidence or summoned to give evidence or to produce any book, document, record or other thing before the Tribunal, shall be entitled to the same privileges and immunities as if the person were summoned to attend or were giving evidence in a civil proceeding before a High Court.
(5) A person summoned under this section, other than a public officer or a person having an interest in the proceedings for which the person is summoned, may on the order of the Tribunal be paid from moneys appropriated by Parliament such allowances as may be prescribed.
The Tribunal shall deliver judgment on any matter within 60 days after the conclusion of the hearing of the case.
13. Publication of judgments of Tribunal
The Registrar of the Tribunal shall cause every award, decision or judgment of the Tribunal to be communicated to the parties concerned.
14. Frivolous or vexatious proceedings
If the Tribunal determines that any application to the Tribunal is frivolous or vexatious, it shall dismiss the application and may order the applicant to pay the applicant’s costs, that of the other party and that of the Government in connection with the proceedings.
15. Immunity of members and staff of Tribunal
An action or other proceeding shall not lie or be instituted against a member or a member of staff of the Tribunal for any act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance of any of the powers or functions conferred under this Act.
A person aggrieved with a decision of the Tribunal may, within 30 days of the receipt of the decision, appeal to the Court of Appeal.
[S 16 subs by s 9 of Act 7 of 2024.]
The expenses and costs of the Tribunal shall be paid out of funds appropriated by Parliament for the performance of the Tribunal’s functions under this Act.
The Chief Justice may, by statutory instrument, make rules—
(a) prescribing the powers and functions of the Registrar of the Tribunal;
(b) prescribing the forms to be used in connection with any matter before the Tribunal;
(c) prescribing the procedure for summoning and compelling the appearance of witnesses and the production of any document or other evidence before the Tribunal;
(d) prescribing the procedure to be followed and the rules of evidence to be observed in proceedings before the Tribunal;
(e) prescribing the functions of assessors;
(f) empowering the Tribunal to award costs and to do and require all such acts and things as may be necessary for the performance of the Tribunal’s functions under this Act;
(g) prescribing the procedure for the review of the taxation of costs;
(h) for regulating the procedure relating to appeals from the Tribunal; and
(i) for regulating or prescribing any other matter which is to be regulated or prescribed by rules by the Chief Justice under this Act.
PART III
GENERAL PROVISIONS
(1) The Tribunal may make an order as to costs as it may consider just having regard to the circumstances of the case.
(2) Subject to sub-section (1), the costs and charges in connection with any proceedings before the Tribunal shall be the costs reasonably incurred by a person in connection with the proceedings or such part of those costs as may be determined by the Tribunal.
(3) The Registrar of the Tribunal shall tax all bills of costs in accordance with the scale of fees for the time being in use in the High Court in civil cases.
(4) A person who is aggrieved with a decision of the Registrar of the Tribunal under sub-section (3) shall, within 14 days of the receipt of the decision, apply to the person presiding over the Tribunal to review the Taxation.
(1) A person who is summoned to give evidence or to produce any book, document or thing and—
(a) without reasonable excuse, fails to attend as required;
(b) refuses to be sworn or affirmed as a witness;
(c) having been sworn as a witness, refuses to answer any question lawfully put to that person; or
(d) without reasonable excuse, fails to produce the book, document or thing;
commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding six months.
(2) A person who knowingly gives false testimony regarding any matter which is material to a question in any proceedings before the Tribunal commits an offence and is liable, upon conviction, to imprisonment for a period not exceeding seven years.
(1) The Minister may, by statutory instrument, make regulations for the purposes of this Act.
(2) Without prejudice to the generality of sub-section (1), the Minister may make regulations for—
(a) the organisation and administration of the Tribunal;
(b) the allowances to be paid to witnesses under section 11; and
(c) anything that is required to be prescribed under this Act
(1) On, or after, the commencement of this Act, reference in any written law or other document to the Lands Tribunal shall be read and construed as a reference to the Tribunal.
(2) On, or after, the commencement of this Act, reference in any written law or other document to the Chairperson of the Lands Tribunal shall be read and construed as a reference to the Chairperson of the Tribunal.
Notwithstanding the provisions of this Act —
(a) any appeal or proceedings pending before the former Tribunal before the commencement of this Act shall be continued by, or re-commenced before, the Tribunal; and
(b) any right or benefit accruing or liability incurred, before the former Tribunal shall continue in accordance with, and subject to, this Act.