THE Law Association of Zambia (LAZ) has raised alarm over the proposed amendment to the Lands and Deeds Registry Act, cautioning that it could undermine the security of land ownership if not carefully implemented.
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The proposed changes to Section 57A would allow the Chief Registrar to cancel land titles issued in error, obtained fraudulently, or granted in contravention of existing laws, without initially involving the courts.
While the government has defended the amendment as a way to address fraudulent titles more efficiently, legal experts have expressed concern over the concentration of such powers in one office.
Speaking when he featured of ZNBC’s Sunday interview last night, LAZ president Lungisani Zulu reminded the government that a certificate of title is considered conclusive evidence of ownership under the law and that its sanctity must be preserved to maintain confidence in Zambia’s land administration system.
The association warned that giving the Chief Registrar sweeping powers could lead to abuse or arbitrary decisions if proper checks and balances are not established.
“It can be appreciated that indeed there is a genuine concern to address some of the challenges that have been faced in the land administration system and giving an office of the chief registrar some power to cancel a title may therefore be in line with curing some of those problems,” Zulu said.
“But ownership of land is evidenced by certificate of title so a certificate of title is sacred and anyone who is given a certificate of title is assured that their rights will be sustained”
LAZ has also called for clear safeguards, including transparent processes and guidelines for compensation where cancellations affect developments made by innocent landowners.
The association noted that the current court process, although slow, provides a neutral platform for determining disputes and balancing competing interests.
Meanwhile, the Ministry of Lands, however, insisted that the amendment is aimed at curbing fraudulent practices, citing that affected parties will still have the right to appeal to the minister and, ultimately, the courts or the lands tribunal.
By George Musonda
Kalemba July 21, 2025
