This paper explores the politics of ‘customary’ land tenure, land reform, and traditional leaders in Zambia. In Zambia, as elsewhere in Southern Africa, the government at the behest of donors has implemented market-based tenure reform legislation. This legislation aims to improve the security of land tenure and to promote development through investment. The paper shows how complex, indeterminate, and contentious this tenure reform has been on the ground – particularly in relation to the 94 per cent of Zambian land that is held in ‘customary’ tenure.

Approaches to securing tenure have been dominated by debates about whether titling advances secure land tenure and development in developing countries or whether it is either ineffectual or detrimental to socially more relevant systems. While the policies of many developing countries, including South Africa, continue to support titling approaches to securing tenure, there is widespread confirmation in the literature that title can be problematic for poor people living in both urban and rural areas.

Review of the situation of land rights in Apac District and of opportunities for land rights protection work. Examines the 1998 Land Act and its implementation in practice. Finds that the protection clauses for women are proving ineffective. Also looks at the major threats and barriers to land rights and suggests ways forward. Among many other pertinent questions, asks why the Ugandan Government has shown so little interest in customary tenure and why it pursues land titling to the extent it does.

This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms.

Asks what is customary tenure and what do we know about tenure systems and their consequences in Northern Uganda. Examines trends in land transactions and who is selling and buying land, certificates and titles for investment, and who owns customary land. Looks at protection from land alienation, the rights of women and children, the evolution of customary tenure and continuing changes in customary law. Concludes with policy recommendations and a plea for recognition that land is increasingly a cause of conflict and impoverishment.

Subtitled ‘an analysis of the tenure context and a problem statement for Leap.’ Comprises (i) context – current analyses of tenure, the South African context, tenure security and vulnerability; (ii) multiple tenure arrangements in South Africa – customary tenure arrangements, Registration of Deeds system, local and off register tenure arrangements in rural and urban areas, transitional tenure arrangements; (iii) problem statements – multiple tenure arrangements, vulnerability and tenure; (iv) points of departure for phase 4 – understanding, recognition and integration, vulnerability.

ABSTRACT:
"Is there a ‘best practice’ model for the legal recognition of customary tenure?
If not, is it possible to identify the circumstances in which a particular model
would be most appropriate? This article considers these questions in the light
of economic theories of property rights, particularly as illustrated by the
World Bank’s 2003 land policy report. While these theories have their flaws,
the underlying concept of tenure security allows a typological framework for

Background – renewed impetus for systematic demarcation – policy, legislative and operational frameworks. Systematic demarcation and poverty reduction – theoretical and conceptual frameworks, methodology. Outcomes of systematic demarcation – the demarcation process, transformations in land rights, including for children and women, asset enhancement, access to capital, farm investment and production, the land market, land disputes, area land committee operations, local parcel registration data bank. Conclusions and recommendations.

The National Land Policy in Kenya: Critical Public Land Issues and Policy Statements is a guide to steer the debate and eventual formulation of a National Land Policy and legislative framework that will address issues of management and administration of public land in Kenya.

This paper is concerned primarily with the functions of land administration. Its
purpose is to describe the current land administration practices as understood by
traditional structures with a view to unpacking some of the components of the existing
African tenure arrangements in KwaZulu-Natal. This, it is hoped, will help to create a
base to understand how communal land systems operate, regardless of which structure
governs them, in order to support practices that secure tenure effectively.

The Historical Injustices Issues Paper seeks to present the various historical land claims issues and perspective related to them and consequently proffer policy statements for their redress.

AFRA’s work at Ekuthuleni started in 1998. It’s now 2004, six years later, and we have to confess that we have failed. It is not possible to secure tenure at Ekuthuleni, for the purposes for which people want that security, within the current legal, technical and institutional frameworks. A small window of opportunity still exists that might allow us to reverse this judgement.