The Zambia Land Alliance (ZLA) has revealed […]

The Zambia Land Alliance (ZLA) has revealed that the Fencing Act clearly speaks against establishing fences on customary land, a law that has been wildly disregarded.

Speaking in an interview with the Zambian Business Times, ZLA Executive Director Patrick Musole added that according to the law, customary land is community property, and they are prohibited from having fences.

The majority of customary properties are fenced at the backdrop of the law, which raises questions why the government has slackened from enforcing the law prudently.

“Customary land is communal land; therefore, as communal land, it is not supposed to be fenced, and as a matter of fact, it is illegal because according to the law, statutory land has exclusive user rights, which means when you have a title, you have exclusive rights; no person should come near your property. You can charge them for criminal trespass.” “On the other hand, customary land is not like that and should not be fenced. Every person has the right to entry. There are no exclusive rights. Where you find fences on such land, that is illegal,” he said.

Musole castigated the government for failure to enforce the law, highlighting that part of the problem is the lack of awareness of the law by the public and, hence, the vice.

He stated that if the public were fully aware of the law, some people would report the illegalities and take others to court, and the risk is very low.

 Musole added that it is vital for the government to fully amend laws such as the Fencing Act in a bid to ensure that property owners sharing the same fence build distinct fences to avoid disputes arising from costs and consent over the type of fence.

Article Francine Chibuye