THE National Constitutional Conference (NCC) has vested in the president the powers of exploration and mining of minerals and petroleum on behalf of the people of Zambia.

This is contained in Article 333 which was newly introduced in the Draft Constitution by the NCC.

This is the first time that such an Article will appear in the Zambian Constitution to protect the nation's rights of ownership, exploration, mining and disposing of its minerals and petroleum.

Article 333 does not appear in the Mung'omba Draft Constitution or in the current Constitution of Zambia.

According to Article 333 (1), "All rights of ownership in searching for, mining and disposing of minerals and petroleum wheresoever located in Zambia are hereby vested in the President in trust and on behalf of the people of Zambia."

The Clauses under this Article are as follows:

(2) The provisions of this Article have effect notwithstanding any right, title or interest which any person may possess in any water body or over the soil in, on or under, which minerals and petroleum are found.

(3) A person holding land which is the subject of a mineral right shall take equity in the mining which is the subject of the right in lieu of compensation.

(4) Subject to this Article, Parliament shall enact legislation regulating -

(a) the exploration of minerals and petroleum;

(b) the equitable sharing of royalties arising from minerals and petroleum exploration;

(c) the conditions for payment of indemnities arising out of exploration of minerals and

Petroleum; and

(d) the conditions regarding the restoration of derelict lands.

(5) Minerals, mineral ores and petroleum shall be exploited taking into account the interest of the individual landowners, local communities and the government.

The NCC also adopted an Article proposed by the Mung'omba Draft Constitution on the regulation of land use and development of property.

Article 334 (1) reads as follows; "Subject to Article 65, the State is empowered to regulate the use of any land, interest or right in land in interest of defence, public safety, public order, public morality, public health, land use planning of the development or utilisation of property.

(2) The State shall encourage and provide a conducive social, economic, political and legal environment for the creation of, development and management of property.

(3) Parliament shall enact legislation ensuring that major investments in land benefit local communities and their economy."

On the Commissioner of Lands, the NCC adopted Article 335 (1) which states that There shall be a Commissioner of Lands whose office is a public office and who shall be appointed by the President, subject to ratification by the National Assembly.

(2) The Commissioner of Lands shall -

(a) administer, alienate land on behalf of the President; and

(b) perform any other function provided by, or under, an Act of Parliament.

(3) The term of office of the Commissioner of Lands shall be as specified by an Act of Parliament.

The NCC, however, deleted Article 335 proposed by the Mung'omba Draft Commission regarding the formation of a Lands Commission.

The Conference felt that the Mung'omba Constitution Review Commission had not spelt out the existing problems or mischief that the establishment of the Lands Commission was going to address.

The NCC observed that among other reasons, the proposed Lands Commission would create duplicity in management of land issues as its functions were a duplication of the existing responsibilities of the Ministry of Lands, particularly the Commissioner of Lands.

They noted that the creation of the Lands Commission would cause delays in land alienation as the proposed Commission would only sit quarterly.

They pointed out that the creation of another body whose functions were not clear would be costly and would water down the current powers of the Commissioner of Lands.

The NCC however adopted Article 336 on Legislation of land as follows;

Parliament shall enact legislation to -

(a) Revise, consolidate and rationalise existing laws relating to land;

(b) Prohibit speculation in land;

(c) Revise sectoral land use law in accordance with national land policy;

(d) Regulate the manner in which any land maybe converted from one classification or category to another;

(e) Protect, conserve and provide equitable access to all State land;

(f) Enable the settlement of landless people including the rehabilitation of spontaneous settlements of rural and urban communities;

(g) Prescribe minimum and maximum extent of land holding;

(h) Address imbalances in the alienation of land;

(i) Provide for a periodic audit of land holding and tenure; and

(j) Provide for security of tenure for customary land, which shall be issued by the chief.

On the Basis of land policy, the NCC adopted Article 327 as follows;

The land policy shall ensure -

(a) Equitable access to land and associated resources;

(b) Equitable access and ownership of land;

(c) Security of land rights and recognition of indigenous cultural rights for land holders;

(d) Sustainable and productive management of land resources;

(e) Transparent and cost effective administration of land;

(f) Sound conservation and protection of ecologically sensitive areas;

(g) Cost effective and efficient settlement of land disputes; and

(h) That river frontages, islands and lakeshores are not leased, fenced or sold.

On vesting of land, the NCC adopted Article 331 which states as follows;

(1) Land in Zambia is vested in the President and is held by the President in trust for, and on behalf of, the people of Zambia.

(2) All land in Zambia shall be administered and controlled for the use or common benefit, direct or indirect, of the people of Zambia.

(3) Subject to clause (3) of Article 330, the President may, through the Commissioner of Lands, chiefs or local authorities, alienate land to citizens as provided by this Constitution and by, or under, an Act of Parliament.

(4) Subject to clause (3) of Article 330, land situated in a district shall be administered by the local authority in that district.

Regarding Land tenure, the NCC adopted Article 332 as follows;

(1) Land in Zambia shall be alienated and held on the basis of customary, leasehold or other tenure, as provided by this Constitution or by, or under, an Act of Parliament.

(2) Subject to clause (1), State land may be held on a lease of ninety nine years or such lesser years as may be provided by legislation for different categories of State land.

(3) A person who is not a citizen shall only be entitled to lease land for a restricted period of time, as provided by an Act of Parliament.

(4) Parliament shall enact legislation to provide for the categories of non-citizens that may hold land and the conditions under which they may do so.