LANDS TRIBUNAL ACT

Arrangements of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Interpretation

PART II
THE LANDS TRIBUNAL

   3.   Continuation of Tribunal

   4.   Jurisdiction of Tribunal

   5.   Composition of Tribunal

   6.   Tenure of office and vacancies

   7.   Registrar of Tribunal

   8.   Application to Tribunal

   9.   Filing of complaints, applications, etc

   10.   Proceedings of Tribunal

   11.   Powers of Tribunal with respect to proceedings

   12.   Judgement of Tribunal

   13.   Publication of judgements of Tribunal

   14.   Frivolous or vexatious proceedings

   15.   Immunity of members and staff of Tribunal

   16.   Appeal to High Court

   17.   Expenses of Tribunal

   18.   Rules

PART III
GENERAL PROVISIONS

   19.   Costs

   20.   Offences

   21.   Regulations

   22.   Transitional provisions

   23.   Savings

Act 39 of 2010.

AN ACT

to continue the existence of the Lands Tribunal; provide for the powers and functions of the Tribunal; and provide for matters connected with, or incidental to, the foregoing.

[23rd December, 2011]

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Lands Tribunal Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“assessor” means a person appointed as such under subsection (7) of section 10;

“Chairperson” means the person appointed as Chairperson of the Tribunal under section 5;

“council registrar” has the meaning assigned to it in the Housing (Statutory and Improvement Areas) Act; and

“Deputy Chairperson” means the person appointed as Deputy Chairperson of the Tribunal under section 5;

“former Tribunal” means the Lands Tribunal established under the Lands Act;

“Lands Register” has the meaning assigned to it in the Lands and Deeds Registry Act;

“member” means a member of the Tribunal;

“person in authority” means the President, the Minister, the Minister responsible for local government, the Director-General of the Zambia Wildlife Authority, the Surveyor General, the Director of Forestry, a chief, the Registrar or a council registrar;

“register” means the register kept under section 7;

“Registrar” has the meaning assigned to it in the Lands and Deeds Registry Act;

“Registrar of the Tribunal” means the person appointed Registrar of the Tribunal under section 7; and

“Tribunal” means the Lands Tribunal referred to under section 3.

PART II
THE LANDS TRIBUNAL

3.   Continuation of Tribunal

The Lands Tribunal established under the Lands Act, 1995, shall continue to exist as if established under this Act.

4.   Jurisdiction of Tribunal

   (1)   Subject to the Constitution, the Tribunal shall have jurisdiction to hear and determine disputes relating to land and in particular—

      (a)   to inquire into, and make awards and decisions in, any dispute relating to land under the Lands Act, the Lands and Deeds Registry Act, the Housing (Statutory and Improvement Areas) Act or any other law;

      (b)   to inquire into, and make awards or decisions in, any dispute relating to land under customary tenure;

      (c)   to inquire into, and make awards or decisions relating to, any dispute of compensation to be paid in relation to land under the Lands Act, the Lands Acquisition Act or any other law;

      (d)   to inquire into, and adjudicate upon, any matter affecting the land rights and obligations, under the Lands Act, of any person or the Government;

      (e)   to hear and determine appeals against a direction or decision of a person in authority relating to land under the Lands Act, the Lands and Deeds Registry Act, the Housing (Statutory and Improvement Areas) Act or any other law;

      (f)   to make orders for the rectification of entries made in the Lands Register;

      (g)   to make orders for the cancellation of certificates of title that it considers to have been erroneously issued or to have been obtained fraudulently, or that it otherwise considers necessary to cancel;

      (h)   to make any declaration that it considers appropriate and issue any order for the implementation of the declaration;

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