База данных по гендерной проблематике и правам на землю


Законодательство о земле

  • The Communal Land Act of 1983, amended in 2002:

    - States that all communal land vests in the President who holds it in trust for the people. Communal land consists of land which, immediately before 1 February 1983, was Tribal Trust Land in terms of the Tribal Trust Act of 1979.

    - All those with vested rights are entitled to continue to exercise their rights on customary land. No person shall occupy communal land unless he acquired the right to do so before 1 February 1983, has obtained a permit to do so or is related to a person who occupies or uses communal land.

    - Those without vested rights may apply to the relevant Rural District Council to acquire occupation and user rights. However, in granting the permit to use this land, the Council must refer to customary law, which excludes women from acquiring land (7).
  • The Rural Land Act of 1963, amended in 2002:

    - Provides for the acquisition of land by the State and for the alienation of State land. Land may be leased or alienated to a single individual or to a single corporate body but not to two or more persons jointly without the consent of the appropriate Minister. Private land shall not be leased for cultivation if not properly demarcated. No cultivation on the basis of sharecropping shall be permitted by the owner on land to which this Act applies unless an agreement in writing and approved by the Minister is in place (24).
  • The Land Acquisition Act of 1992:

    - Introduced by the Government to speed up the resettlement process and to address the problem of inequitable access to land by resettling landless communal people after the expiration of the Lancaster House Constitution entrenched conditions in 1990. However, land redistribution did not proceed rapidly and, as a result, land occupations increased (6).
  • The Administrative Court (Land Acquisition) Rules of 1998, amended in 2005:

    - Set out forms and defined procedures for specific proceedings and applications with the Administrative Court in relation to the acquisition of land under the Land Acquisition Act (24).
  • The Deeds Registries Act of 1959, amended in 1996:

    - Provides for the establishment of deeds registries, for the appointment of registrars of deeds and for the registration of deeds and conventional hypothecations and matters incidental to the foregoing.

    - The Act provides for the making and registration of deeds regarding land and other real rights, for rights in land such as lease and servitude and for the transfer of land (24).
  • The Traditional Leaders Act of 1998, last amended in 2001:

    - Provides for the appointment of Chiefs, Headmen and Village Heads. These local officers shall have a wide range of powers in the field of local administration regarding, among other things, grazing, allocation of communal land and communal land use, irrigation and use of natural resources (24).
  • The Agricultural and Rural Development Authority Act of 1971, amended in 2001:

    - Establishes the Agricultural and Rural Development Authority. The operations of the Authority shall be controlled by a Board constituted under Section 5. For the better exercise of its functions and powers, the Board may establish one or more committees. The functions and duties of the Authority shall be: i. to plan, coordinate, implement, promote and assist agricultural development in the country; ii. to prepare and, with the agreement of the Minister, to implement schemes for the betterment of agriculture in any part of the country; iii. to plan, promote, coordinate and carry out schemes for the development, exploitation, utilization, settlement or disposition of State land (24).
  • The Rural District Councils Act of 1988 last amended in 2002:

    - Provides for the declaration of districts, classification of lands in districts by the Minister and the establishment of Rural District Councils. Rural District Councils shall have functions and powers in the fields of natural resources management, matters concerning land in a District, water, fisheries, forestry, sewerage and protection of the environment. A District Council may, among other things, compulsorily acquire land under this Act, establish cooperatives and make bylaws (24).

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