Customary Land Law In Africa

The monograph studies the key aspects of land law of African countries, customary land tenure laws, customary rights to water, forest, cattle grazing; the influence of colonial epoch on customary land tenure systems, and the rights of African women to land. Characteristic features of land and water rights under Islamic law are provided. The current state of formal land law in the countries of North, West, Central, and East Africa is analyzed, including the following: the right of ownership to land and other natural resources, types of various rights to land and natural resources, and the relationship of formal law and customary land tenure systems. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land, civil law and comparative legal studies.

This book examines current trends in customary land issues in Africa, focusing on the practice of converting customary land into leasehold tenure, particularly in Zambia. Since the enactment of the 1995 Lands Act No. 29 in Zambia, conversion of customary land has become a controversial policy, raising questions about the future of customary land and rural communities, and the role of traditional authorities in a changing environment. Alienating customary land into leasehold tenure has serious implications for local and national politics and gender dynamics. Analysis of these trends suggests that the policy of creating land markets on customary land is subjecting customary systems to the forces of change. However, governments that have adopted this policy have not, by and large, adopted measures to respond to these challenges. Although customary tenure is widely believed to be resilient, it is not clear how the customary system will navigate the current winds of change. Chapters in this book draw from the Land Use and Rural Livelihoods in Africa Project (LURLAP), a collaborative research project undertaken by staff and students at the University of Cape Town and the University of Zambia.