scholarly journals Renewed Patronage and Strengthened Authority of Chiefs Under the Scarcity of Customary Land in Zambia

2021 ◽  
pp. 65-86
Author(s):  
Shuichi Oyama
Keyword(s):  
Central Government ◽  
Agricultural Productivity ◽  
Land Rights ◽  
Local People ◽  
High Demand ◽  
Foreign Investors ◽  
Land Distribution ◽  
Land Owners ◽  
Cultural Power ◽  
Customary Land

AbstractThe Zambian government enacted the 1995 Lands Act with the aim of stimulating investment and agricultural productivity. This Act strengthened the role and power of traditional leaders, particularly chiefs, as it empowered them to allocate customary land to individuals and companies, including foreign investors. In the Bembachiefdom of northern Zambia, a new chief issued new land rights and invalidated the land rights issued by the old chiefs. As a result, land owners with documents in the old formats were required to obtain new certification from the new chief. Concerned about the land within his territory, this chief also decided to invalidate the title deeds issued by the central government so that he could release the protected land to local people. Alongside their historical and cultural power, the chiefs strengthened their patronage over land distribution as well as their authority over the residents in their territories. With high demand for land, anxiety among local people due to land scarcity has created political power and authority for the chiefs.

Land, Rights, and Tenure Insecurity on Customary Land in Zambia

2021 ◽  
pp. 102-117
Author(s):  
Ephraim Kabunda Munshifwa ◽  
Niraj Jain ◽  
Roy Alexander Chileshe ◽  
Anthony Mushinge
Keyword(s):  
Social Economic ◽  
Land Rights ◽  
Livelihood Strategies ◽  
Foreign Investors ◽  
Financial Benefits ◽  
Urban Elites ◽  
Village Communities ◽  
Traditional Authorities ◽  
Customary Land ◽  
State Protection

Land is a key asset in the lives of village communities in Zambia. It is thus at the centre of their livelihood strategies as it provides social, economic, and financial benefits to these communities. The paradox though is that despite acknowledging its importance in the lives of village communities, tenure on this land is poorly protected by the state resulting in high insecurity for its occupants. In many instances, there are no clear regulations on its use and alienation while traditional authorities are also ill-equipped for the task of administering this land. The question then that emerges is: In this perceived absence of state protection, how are village communities protecting themselves from threats of dispossession by foreign investors, urban elites, and the state's own actions? This study found that village communities are using various means to protect themselves, including issuance of local land holding certificates.

scholarly journals Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP): Paving the Way for Formal Protection of Informal Land Rights

2020 ◽  
Vol 23 ◽  
pp. 1-18
Author(s):  
Yolandi Meyer
Keyword(s):  
Land Tenure ◽  
Mineral Resources ◽  
Land Rights ◽  
Indigenous Communities ◽  
Current Debate ◽  
Land Owners ◽  
Petroleum Resources ◽  
Customary Land ◽  
Mining Right

In Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) the court, duly following the judicial guidance provided in Maledu v Itereleng Bakgatla Mineral Resources 2019 2 SA 1 (CC), made an important pronouncement on the rights of people who hold informal land tenure. The question in the Baleni judgment concerned the level of consent required to obtain a mining right over property held by a community with informal or customary land tenure. The court specifically considered provisions of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA) and the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), and concluded that the provisions of these Acts should be read together when determining the level of consent required. The court found that a community's consent, as required by IPILRA, and not merely consultation with a community, as required by the MPRDA, is necessary before a mining right can be obtained over a community's property. The Baleni and the Maledu judgments set an important judicial precedent protecting informal land owners against the potentially harmful effects of mining activities, and establish a higher standard for obtaining a mining right over such property. However, despite the success of the judgment, many questions remain regarding the longevity of IPILRA, in particular, and a long-term solution to informal land tenure and land security in general. This case note argues that final legislation should be enacted to provide protection for people who hold informal land rights, and consequently to formalise indigenous communities' land rights to ensure that these judgments act as the precursor for fundamental change in the current debate regarding informal land rights.

The Chengba site in Quxian County, Sichuan Province

2020 ◽  
Vol 20 (1) ◽  
pp. 54-68
Keyword(s):  
Central Government ◽  
Local People ◽  
Archaeological Survey ◽  
History Museum ◽  
Social Lives ◽  
Functional Zoning ◽  
The Social ◽  
Bamboo Slips ◽  
First Time ◽  
The City

AbstractIn 2014 through 2018, Sichuan Provincial Institute of Cultural Relics and Archaeology and History Museum of Quxian County conducted a systematic archaeological survey, detection, and excavation to the Chengba site in Quxian County. The excavation uncovered 4,000sq m in total, from which 444 various features were recovered and over 1,000 artifacts were unearthed. The functional zoning of this site has been roughly made clear; the excavations of the western gate and important building foundations of the Guojiatai city site are important archaeological discoveries of the city sites of the Han through Western Jin dynasties, and at the checkpoint site on the waterway of this period was uncovered for the first time in China. The large amounts of bamboo slips and wooden tablets unearthed in the excavation provided important materials for the explorations on the management of the central government of the Han and Jin empires to the administrative areas of commandery and district levels and the social lives of the local people at that time.

scholarly journals MEKANISME PEMUNGUTAN PAJAK ATAS PEMINDAHAN HAK PADA JUAL BELI TANAH DAN BANGUNAN DI KABUPATEN KEPULAUAN SIAU TAGULANDANG BIARO (SITARO)

2017 ◽  
Vol 12 (01) ◽  
Author(s):  
Sela Pudihang ◽  
Jenny Morasa ◽  
Hendrik Gamaliel
Keyword(s):  
Data Collection ◽  
Central Government ◽  
Land Rights ◽  
Descriptive Data ◽  
Tax Collection ◽  
Research Results ◽  
Methods Of Analysis ◽  
Qualitative Descriptive

The BEA acquisition of Rights over the land and building tax is imposed on the acquisition of land rights and buildings. The tax was enacted by the Central Government into tax areas since January 2011. Islands Regency Siau In Indonesia this tax set forth in applicable local Islands Regency Siau In Indonesia number 5 in 2011 about tax areas. The purpose of the study to analyze the tax collection mechanism BPHTB Islands Regency Siau In Indonesia. Methods of analysis used qualitative descriptive. Data collection is done by the method of interview, observation and documentation. The research results of the tax collection mechanism BPHTB through stage charging SSPD BPHTB, stage counting BPHTB payable, the payment stage, verification has not been effective. To improve the understanding of the taxpayers of the County Financial Agency then BPHTB Siau In Indonesia more being proactive by increasing the activities of socialization, because of taxpayer compliance in reporting the Bea acquisition of Rights over the land and buildings in the Regency Siau In Indonesia is still lacking.Keywords: tax collection Mechanisms, BPHTB, buying and selling land and buildings

Reconfiguring Local Authority Through Land Reform

2021 ◽  
pp. 80-103
Author(s):  
Alice Beban
Keyword(s):  
Land Reform ◽  
Central Government ◽  
Local Level ◽  
Local State ◽  
Local Authorities ◽  
Land Distribution ◽  
Multiple Strategies ◽  
Land Titling ◽  
Land Survey ◽  
Local Officials

This chapter shows how the land titling reform worked to wrest power away from local-level officials into the hands of the central government. It talks about local officials that managed to amass land by clearing forest in expectation of the land reform, while in other areas local people mobilized to prevent the elite's capture of the reform and produce new relationships with local officials. It also examines the relationships between local state officials and their constituencies during the Order 01 land reform. The chapter reviews the leopard skin land reform, which can be seen as the prime minister's attempt to wrest control over land distribution from local authorities in upland areas. It analyzes the rural people's narratives that suggest multiple strategies local authorities and other elites used to grab land, such as clearing forestland in advance of the land survey.

scholarly journals THE PRACTICE OF FUNCTIONALLY CONVERTING THE IRRIGATED RICE FIELDS IN SOUTH DENPASAR DISTRICT

2017 ◽  
pp. 24
Author(s):  
Gede Wirata ◽  
I Made Merta ◽  
Anak Agung Ngurah Anom Kumbara ◽  
Putu Sukardja
Keyword(s):  
Social Practice ◽  
Rice Fields ◽  
Local People ◽  
Proper Solution ◽  
Way Of Life ◽  
Irrigated Rice ◽  
Land Owners ◽  
Documentary Analysis ◽  
Depth Interview ◽  
The Government

This present study is intended to explore the phenomenon of the practice of functionally converting the irrigated rice fields in South Denpasar District. The present study focuses on the process of functionally converting the irrigated rice fields, the ideology leading to the phenomenon, and its implication on the local people. The data were collected through observation, in-depth interview and documentary analysis. The data were analyzed using the theory of hegemony, the theory of social practice and some other theories which were used eclectically based on the problems analyzed. The result of the study shows that the functional conversion of the irrigated rice fields resulted from the farmers’ marginalized socio-cultural structure. The process started from the government’s hegemony. The government treated the farmers as the subaltern. Then the dominated farmers got trapped by fatalism and pragmatism. The entrepreneur and government strengthen their hegemony. Then they negotiated with the local government such as the traditional village ‘desa pakraman’ and the administrative village ‘desa dinas’ and the land owners as individuals. The farmers were too weak to resist; they failed as they did not have the capital needed for that. Such a condition could not be separated from the capitalistic ideology as the government and entrepreneur collaborated to legitimate the converting process. In addition, the local people were also trapped by the consumptive way of life. As a result, they considered that functionally converting their irrigated rice fields was a proper solution. That affected the infrastructural order. Their infrastructural order changed. Their social structure also shifted from communalism into individualism. Their ideological, legal, governmental, family and religious superstructures changed as well, causing the South Denpasar community to be getting far from the agrarian cultural root which used to be their initial characteristic.

Sign in / Sign up

Export Citation Format

Share Document