Youth Watch Society (YOWSO), Southern Africa Litigation Centre (SALC), the Centre for Human Rights Education, Advice and Assistance (CHREAA) and Paralegal Advisory Service Institute (PASI) welcome the Ministry of Lands’ long-awaited establishment of the Central Land Board, Board of Valuers, Valuation Tribunal, and the Real Estate Management Council. The establishment of these bodies is a progressive step in the implementation of the Customary Land Act and the Lands Act.
It is, however, greatly concerning that crucial provisions of the Customary Land Act and the Land Act continue to remain unimplemented. Particularly, the full establishment and operationalisation of District Land Tribunals and the obligation to ensure adequate gender representation are still outstanding. The enactment of the Customary Land Act 2016 introduced land dispute settlement structures that are meant to provide improved access to justice for communities that occupy customary land, especially marginalised groups such as women, rural communities, and persons with disabilities.
The law and policy goal has been to establish a dispute resolution model that is accessible at all levels, starting from the village level. The statutory hierarchy begins with Customary Land Tribunals, whose appeals lie to the District Land Tribunals, and the Central Land Board sits at the apex. Many of the country’s 28 districts have not established or fully operationalised District Land Tribunals.
Communities occupying customary land are vulnerable to forced displacements that result in food insecurity, loss of productive resources, and increased risk of gender-based violence, among other rights violations. Therefore, effective dispute resolution mechanisms that promptly deliver remedies are indispensable to their full enjoyment of land rights. The piecemeal implementation of laws unnecessarily creates gaps in the dispute resolution process.
The recent appointments have also highlighted a missed opportunity to ensure adequate gender representation in land governance bodies. The importance of the inclusion of women in land administration cannot be overstated. Principles of equity and non-discrimination demand that women be included at all levels. The Customary Lands Act 2016 obligates land tribunals to apply principles of objectivity, fairness and justice in the exercise of their functions.
The Gender Equality Act also mandates gender parity in appointments. These obligations cannot be met in the absence of diverse representation. Further, gender mainstreaming is one of the key objectives of the National Gender Policy 2015. It aims to integrate gender considerations into all aspects of national development planning and implementation. It recognises that gender equality is a fundamental human right and emphasises its importance for achieving sustainable, social, and economic development.
Considering this, we urge the Government and particularly local government authorities, in the various districts, to expeditiously establish and operationalise District Land Tribunals for the purpose of the Central Land Board to be fully realised. We also urge the relevant appointing authorities to:
- Review the composition of the various boards through a gendered lens and conduct an objective assessment of their ability to carry out their role without bias.
- Ensure that induction and capacity-building trainings of the Boards incorporate issues of gender and social inclusion and their significance in the adjudication of land disputes in line with gender and land laws, and ultimately the Constitution.
- Ensure that Boards closely intertwined with traditional leadership do not mimic longstanding cultural biases that discriminate against women, and deliver meaningful justice.
- Engage relevant non-state actors such as Civil Society Organisations (CSOs) to ensure transparent and inclusive elections and nominations of the lower-level Boards.
The full establishment of land dispute structures and equitable inclusion of all genders are critical to ensuring speedy access to justice for all and promoting security of tenure on customary land.
Issued on 20 May 2025 by:
Youth Watch Society
Southern Africa Litigation Centre
Centre For Human Rights Education, Advice and Assistance
Paralegal Advisory Service Institute
