Constitution

Zambia 1991 Constitution (reviewed 2016)

Table of Contents

PART XIX. LAND, ENVIRONMENT AND NATURAL RESOURCES

Land

Article 253. Principles of land policy

  1. Land shall be held, used and managed in accordance with the following principles:
    1. equitable access to land and associated resources;
    2. security of tenure for lawful land holders;
    3. recognition of indigenous cultural rites;
    4. sustainable use of land;
    5. transparent, effective and efficient administration of land;
    6. effective and efficient settlement of land disputes;
    7. river frontages, islands, lakeshores and ecologically and culturally sensitive areas—
      1. to be accessible to the public;
      2. not to be leased, fenced or sold; and
      3. to be maintained and used for conservation and preservation activities;
    8. investments in land to also benefit local communities and their economy; and
    9. plans for land use to be done in a consultative and participatory manner.

Article 254. Classification and alientation of land and land tenure

  1. Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.
  2. The President may, through the Lands Commission, alienate land to citizens and non-citizens, as prescribed.
  3. Land shall be held for a prescribed tenure.

Environment and Natural Resources

Article 255. Principles of environmental and natural resources management and development

The management and development of Zambia’s environment and natural resources shall be governed by the following principles:

  1. natural resources have an environmental, economic, social and cultural value and this shall be reflected in their use;
  2. the person responsible for polluting or degrading the environment is responsible for paying for the damage done to the environment;
  3. where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;
  4. the conservation and protection of ecologically sensitive areas, habitats, species and other environment shall be done in a sustainable manner;
  5. respect for the integrity of natural processes and ecological communities;
  6. benefits accruing from the exploitation and utilisation of the environment and natural resources shall be shared equitably amongst the people of Zambia;
  7. saving of energy and the sustainable use of renewable energy sources shall be promoted;
  8. reclaiming and rehabilitation of degraded areas and those prone to disasters shall be promoted;
  9. unfair trade practices in the production, processing, distribution and marketing of natural resources shall be eliminated;
  10. origin, quality, methods of production, harvesting and processing of natural resources shall be regulated;
  11. equitable access to environmental resources shall be promoted;
  12. effective participation of people in the development of relevant policies, plans and programmes; and
  13. access to environmental information to enable people preserve, protect and conserve the environment.

Article 256. Protection of environment and natural resources

A person has a duty to co-operate with State organs, State institutions and other persons to—

  1. maintain a clean, safe and healthy environment;
  2. ensure ecologically sustainable development and use of natural resources;
  3. respect, protect and safeguard the environment; and
  4. prevent or discontinue an act which is harmful to the environment.

Article 257. Utilisation of natural resources and management of environment

The State shall, in the utilisation of natural resources and management of the environment—

  1. protect genetic resources and biological diversity;
  2. implement mechanisms that minimise waste;
  3. promote appropriate environment management systems and tools;
  4. encourage public participation;
  5. protect and enhance the intellectual property in, and indigenous knowledge of, biodiversity and genetic resources of local communities;
  6. ensure that the environmental standards enforced in Zambia are of essential benefit to citizens; and
  7. establish and implement mechanisms that address climate change.