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In the recent past, Zambia has experienced land governance related issues such as voluntary and involuntary displacements, insecurity of tenure, food insecurity and land disputes. While laudable efforts have been made to uphold and realise land and resource rights of poor rural populations in Zambia, there are several longstanding challenges that remain unresolved. The majority of the rural population still do not enjoy sufficient legal protection of their land rights. This paper shows the inadequate legal recognition of the strength of rights to land and natural resources derived from custom and how to recognise and secure land rights of dwellers in law and practice. The paper also examines the degree to which vested property rights are protected from infringements and analyses land rights in the context of ownership, possession and holder-ship. The relationship between statutory and customary land tenure systems are assessed from the perspective of legal pluralism. Therefore, this paper provides insights into the diversity of land tenure regimes that exist, as well as what constitutes the legal status of land and ways in which they provide for vestment of property rights.

A legal analysis of disjunctions between statutory and customary land tenure regimes in Zambia