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Affiliated Statutory Bodies |
THE LANDS TRIBUNAL
(1) The Lands Tribunal is established under CAP. 184 Section 20 of the Lands Act of 1995.The main objective of establishing the Tribunal was to enable the public have a fast track method of resolving land disputes which is efficient and cost effective compared to the established Judicial or Court system.
The Tribunal consists of the following members who are appointed by the minister: responsible for land.
(a) Chairman, who is qualified to be a judge of the high court;
(b) Deputy Chairperson who is qualified to be a Judge of the High Court;
(c) An Advocate from the Attorney General’s Chambers;
(d) A Registered Town Planner;
(e) A Registered Land Surveyor;
(f) And not more than three persons from the public and private sectors.
JURISDICTION OF THE LANDS TRIBUNAL
The Tribunal shall have jurisdiction to-
(a) Inquire into and make awards and decisions
in any dispute relating to land under the 1995 Lands Act.
(b) To inquire into , and make awards and decisions
relating to any dispute of compensation to be paid under the 1995 Lands Act;
(c) Generally to inquire and adjudicate upon any matter
affecting the land rights and obligations, under the 1995 Lands Act of any person or the Government; and
(d) To perform such acts and carry out such duties as
may be prescribed under the 1995 Lands Act or any other written law.
HEARING OF CASES
A Complaint must be in writing. Where a person is illiterate, they will be heard verbally. The sittings of the Tribunal are also called sessions. The sessions run concurrently as follows:
(1) The Chairman or Deputy Chairperson preside over the sittings of the Tribunal.
(2) The Tribunal when hearing any matter, shall be duly constituted if it consists of five members which number shall include either the Chairman or the Deputy Chairman.
(3) The determination of any matter before the Tribunal shall be according to the opinion of the majority of the members considering the matter.
(4) A member of the Tribunal or assessor shall not sit at a hearing of the Tribunal if he has any interest direct or indirect personal or pecuniary, in any matter before the tribunal.
(5) The Tribunal shall not be bound by the rules of evidence applied in civil proceedings.
(6) Litigants can represent themselves or by counsel or a Lawyer.
(7) In hearing the cases, the Tribunal does not strictly follow the rules of evidence, this is so because, these are Civil Proceedings.
(8) The decisions are handed down by the majority of the Members.
DURATION OF THE SESSION
The Tribunal sessions may take anywhere between 10 days to 60 days to fully hear and determine a case. Once a decision is handed down, a litigant can appeal within 30 days to the Supreme Court.
The Ministry of Lands will continue to promote transparency, efficiency and effectiveness in the Dispute Resolution processes.
The general public is advised that any information pertaining to Dispute Resolution processes can be accessed at Mulungushi International Conference Annex (former National Museum).