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Lands Tribunal 2010

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The Lands Tribunal [No. 39 of 2010 597

THE LANDS TRIBUNAL ACT, 2010

ARRANGEMENTS OF SECTIONS

PART I
PRELIMINARY

Section

1. Short title and commencement
2. Interpretation

PART II
THE LANDS TRIBUNAL

3. Continuation of Tribunal
4. Jurisdiction of Tribunal
5. Composition of Tribunal
6. Tenure of office and vacancies
7. Registrar of Tribunal
8. Application to Tribunal
9. Filing of complaints, applications, etc.
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 Supreme Court
17. Expenses of Tribunal
18. Rules

PART III
GENERAL PROVISIONS

19. Costs
20. Offences
21. Regulations
22. Transitional provisions
23. Savings

Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 1010 Lusaka Price K6,000 each

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The Lands Tribunal [No. 39 of 2010 599

GOVERNMENT OF ZAMBIA

ACT
No. 39 of 2010

Date of Assent:14th November, 2010

2010 599

GOVERNMENT OF ZAMBIA

ACT
No. 39 of 2010

Date of Assent:14th November, 2010

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.

[19th November, 2010

ENACTED by the Parliament of Zambia.

PART I
PRELIMINARY

1. This Act may be cited as the Lands Tribunal Act, 2010, and
shall come into operation on such date as the Minister may, by
statutory instrument, appoint.

be cited as the Lands Tribunal Act, 2010, and
shall come into operation on such date as the Minister may, by
statutory instrument, appoint.

2. In this Act, unless the context otherwise requires—
“assessor” means a person appointed as such under subsection
(7) of section ten;
“Chairperson” means the person appointed as Chairperson
of the Tribunal under section five;
“council registrar” has the meaning assigned to it in the
Housing (Statutory and Improvement Areas) Act; and
Cap. 194
“Deputy Chairperson” means the person appointed as Deputy
Chairperson of the Tribunal under section five;
“former Tribunal” means the Lands Tribunal established under
the Lands Act;
Cap. 184
“Lands Register” has the meaning assigned to it in the Lands
and Deeds Registry Act;
Cap. 185
“member” means a member of the Tribunal;

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600 No. 39 of 2010] The Lands Tribunal

Cap. 185
“member” means a member of the Tribunal;

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600 No. 39 of 2010] The Lands 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;
"register" means the register kept under section seven;
"Registrar" has the meaning assigned to it in the Lands and
Cap. 185 Deeds Registry Act;
"Registrar of the Tribunal" means the person appointed
Registrar of the Tribunal under section seven; and
"Tribunal" means the Lands Tribunal referred to under section
three.

PART II
THE LANDS TRIBUNAL

Continuation 3. The Lands Tribunal established under the Lands Act, 1995,
of Tribunal shall continue to exist as if established under this Act.
Cap. 184
4. (1) Subject to the Constitution, the Tribunal shall have
Jurisdiction jurisdiction to hear and determine disputes relating to land and in
of Tribunal particular-

onstitution, the Tribunal shall have
Jurisdiction jurisdiction to hear and determine disputes relating to land and in
of Tribunal particular-

PART II
THE LANDS TRIBUNAL

ine disputes relating to land and in
of Tribunal particular- Cap. 184 (a) to inquire into, and make awards and decisions in, any
Cap.

185 dispute relating to land under the Lands Act, the Lands
Cap. 194 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
Cap. 189 any other law;
Cap. 184 (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
Cap. 194 decision of a person in authority relating to land under
Cap.

(e) to hear and determine appeals against a direction or
Cap. 194 decision of a person in authority relating to land under
Cap.

185 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 to or

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The Lands Tribunal [No. 39 of 2010 601

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 Cap. 71

(j) to perform such acts and carry out such functions as may
be prescribed under any other written law.

Cap. 71

(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.

5. (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

(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, 2010; Act No. of
2010

(g) a land surveyor registered under the Land Survey Act; Cap. 188

2010

(g) a land surveyor registered under the Land Survey Act; Cap. 188

(h) a valuation surveyor registered under the Valuation
Surveyors’ Act; and Cap. 207

(i) not more than three persons from the public and private
sectors.

(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

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602 No. 39 of 2010] The Lands Tribunal

(d) has been convicted of an offence under any law and
sentenced therefor to imprisonment without the option
of a fine.

The Lands Tribunal

(d) has been convicted of an offence under any law and
sentenced therefor to imprisonment without the option
of a fine.

Tenure of 6. (1) Subject to subsection (2), a member shall hold office
office and for a period of five years from the date of appointment and may
vacancies be re-appointed for one further term.

(2) The office of a member shall become vacant—

ointment and may
vacancies be re-appointed for one further term.

(2) The office of a member shall become vacant—

Tenure of 6. (1) Subject to subsection (2), a member shall hold office
office and for a period of five years from the date of appointment and may
vacancies be re-appointed for one further term.

(2) The office of a member shall become vacant—

ointment and may
vacancies 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 subsection (1) of section five, 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 subsection (1) of section five, 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 subsection (1) of section five, 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 subsection (1) of section five, that member ceases
to practise as a valuation surveyor on disciplinary
grounds confirmed by the Valuation Surveyors
Registration Board.

surveyor on disciplinary
grounds confirmed by the Valuation Surveyors
Registration Board.

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The Lands Tribunal [No. 39 of 2010 603

(3) Whenever 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.

7. (1) There shall be a Registrar of the Tribunal, who shall be
appointed by the Judicial Service Commission.

nly for the unexpired part of the term.

7. (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 nineteen
or by any other written law.

(3) A person aggrieved with a decision of the registrar may appeal
to the chairperson and in the absence of the Chairperson, the vice-
Chairperson and in the absence of both the Chairperson and Vice-
Chairperson, the representative of the Law Association of Zambia.

irperson, the vice-
Chairperson and in the absence of both the Chairperson and Vice-
Chairperson, the representative of the Law Association of Zambia.

(4) A person shall not be appointed as Registrar of the Tribunal
unless the person is a legal practitioner with five years legal
experience.

(5) The Ministry responsible for lands shall provide such other
staff as may be necessary for the performance of the functions of
the Tribunal.

(6) For the purposes of this section, “legal practitioner” has
the meaning assigned to it in the Legal Practitioners Act.

8. A person may apply to the tribunal for a determination on
any matter which falls within the jurisdiction of the Tribunal.

9. A complaint, application or other document required to be filed under this Act shall be filed in the office of the Registrar.

Registrar of
Tribunal

Cap. 30

Application
to Tribunal

Filing of
complaints,
applications,
etc.

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604 No. 39 of 2010] The Lands Tribunal

Proceedings 10. (1) The Tribunal shall sit at such places and times as the
of tribunal Chairperson or, in the absence of the Chairperson, the Deputy
Chairperson may determine.

aces and times as the
of tribunal Chairperson or, in the absence of the Chairperson, the Deputy
Chairperson may determine.

(2) The Chairperson shall preside over the sittings of the Tribunal,
and in the absence of the Chairperson, the Deputy Chairperson.

(3) The Tribunal shall, when hearing any matter, be duly constituted
if it consists of three members which number shall include either the
Chairperson or the Deputy Chairperson.

(4) The Tribunal may sit as a circuit tribunal.

(5) Three members of the Tribunal shall constitute a circuit tribunal:
Provided that each circuit shall include the Chairperson or the Deputy
Cap. 87 Chairperson or the representative of the Law Association of Zambia.

(6) 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.

es, and in
particular for the purposes of Chapter XI of the Penal Code, be deemed
to be a judicial proceeding.

(7) 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.

(8) A person appearing as a party before the Tribunal may appear
in person or through a legal practitioner at the person’s own expense.

(9) 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.

be represented by the Attorney-General or by any other person
authorised by the Attorney-General for that purpose.

(10) 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.

(11) 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

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The Lands Tribunal [No. 39 of 2010 605

after the commencement of the meeting or hearing, disclose

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The Lands Tribunal [No. 39 of 2010 605

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The Lands Tribunal [No. 39 of 2010 605 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. (12) A disclosure of interest made under this section shall be
recorded in the record of the proceedings at which it is made.

relating to that matter. (12) A disclosure of interest made under this section shall be
recorded in the record of the proceedings at which it is made.

(13) 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. (14) The Tribunal shall cause to be kept a record of its
proceedings. 11. (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.

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.

12. The Tribunal shall deliver judgment on any matter within
sixty days after the conclusion of the hearing of the case.
Powers of
Tribunal
with respect
to
proceedings

Judgment
of Tribunal

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606 No. 39 of 2010] The Lands Tribunal

Judgment
of Tribunal

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606 No. 39 of 2010] The Lands Tribunal

Publication 13. The Registrar of the Tribunal shall cause every award,
of decision or judgment of the Tribunal to be communicated to the
judgments parties concerned.
of Tribunal

Frivolous or 14. If the Tribunal determines that any application to the
vexatious Tribunal is frivolous or vexatious, it shall dismiss the application
proceedings 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.

Immunity of 15. An action or other proceeding shall not lie or be instituted
members against a member or a member of staff of the Tribunal for any act
and staff of or thing done or omitted to be done in good faith in the exercise or
Tribunal performance, or purported exercise or performance of any of the
powers or functions conferred under this Act.

bunal performance, or purported exercise or performance of any of the
powers or functions conferred under this Act.

Appeal to 16 . A person aggrieved with the decision of the Tribunal may,
High Court within thirty days of the receipt of its decision, appeal to the High
Court.

Expenses of 17. The expenses and costs of the Tribunal shall be paid out of
Tribunal funds appropriated by Parliament for the performance of the
Tribunal's functions under this Act.

d out of
Tribunal funds appropriated by Parliament for the performance of the
Tribunal's functions under this Act.

Appeal to 16 . A person aggrieved with the decision of the Tribunal may,
High Court within thirty days of the receipt of its decision, appeal to the High
Court.

Expenses of 17. The expenses and costs of the Tribunal shall be paid out of
Tribunal funds appropriated by Parliament for the performance of the
Tribunal's functions under this Act. Rules 18.

funds appropriated by Parliament for the performance of the
Tribunal's functions under this Act. Rules 18.

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

costs;
(h) for regulating the procedure relating to appeals from the
Tribunal; and

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The Lands Tribunal [No. 39 of 2010 607

(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

cribed by rules by the Chief Justice
under this Act.

PART III
GENERAL PROVISIONS

Costs 19. (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 subsection (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 subsection (3) shall, within fourteen days of the
receipt of the decision, apply to the person presiding over the
Tribunal to review the Taxation.

hall, within fourteen days of the
receipt of the decision, apply to the person presiding over the
Tribunal to review the Taxation.

Offences 20. (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.

ngs before
the Tribunal commits an offence and is liable, upon conviction, to
imprisonment for a period not exceeding seven years.

Regulations 21 (1) The Minister may, by statutory instrument, make
regulations for the purposes of this Act.
(2) Without prejudice to the generality of subsection (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 eleven;
and
(c) anything that is required to be prescribed under this Act.

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608 No. 39 of 2010] The Lands Tribunal

Transitional
provisions 22. (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.

nt to the Chairperson of the Lands
Tribunal shall be read and construed as a reference to the
Chairperson of the Tribunal.

Savings 23. 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.

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