Whether you live in Misisi, Kabulonga, or “Kuma Plot”, having a place to live signifies stability and safety, it gives us independence and a sense of human dignity, and in some instances it allows us to leave an inheritance for our children. Having a place to live is not merely a nice idea or a privilege – it is a basic human need. However, several elements threaten the access to and enjoyment of this basic human need, including poverty, natural disasters, climate change, and illegal settlements-. This article examines the issue of illegal settlements in Zambia, focusing on the legal protection for property ownership and the right to adequate housing. It analyses existing laws that prohibit illegal settlements and aims to propose recommendations for law reform to address these issues effectively.
What are illegal settlements?
The term “Illegal settlements” or “informal settlements” refers to residential areas where houses have been built on land to which the occupants have no legal claim or occupy illegally. They also include unplanned settlements where housing does not comply with current planning and building regulations.[1] And so, while building a house is generally positive, it becomes a crime if done unlawfully.
Illegal settlements constitute a major part of the urban landscape in most Zambian cities.[2] These areas face numerous challenges, including land tenure insecurity, lack of basic services such as clean drinking water and sanitation facilities, leading to disease outbreaks[3]; structurally unsafe homes; and aesthetically unpleasant city appearances. These issues are largely due to corruption and inadequate planning and uncoordinated infrastructure development across government institutions.[4]
Another major contributor to illegal settlements is poor awareness raising and enforcement of existing regulations by the State despite evident contravention of planning regulations.[5] For instance, plots meant for one house often have multiple apartments, with no real consequences for homeowners.
The Law Relating to Illegal Settlements
Owning a house and having adequate housing is recognised under international law. The Universal Declaration of Human Rights (UDHR) states that everyone is entitled to own property[6] and protection against arbitrary deprivation of property.[7] It also asserts that everyone has the right to adequate housing, which includes legal security of tenure, availability of services, affordability, and accessibility.[8] These principles have been domesticated by some Zambian laws, including the Constitution.
The Constitution of Zambia Chapter 1 of the Laws of Zambia sets out the fundamental principles that govern the country. It provides for the protection of the right to property and the protection from the arbitrary deprivation of property[9]. Arbitrary deprivation can occur if the State takes away ownership of land unjustly or if a tenant is evicted without adequate notice. However, the Constitution allows for deprivation in certain cases, such as executing a court judgment or if the property is dangerous to health or safety.
It is worth noting that the Constitution does not contain any provisions regarding the right to adequacy of housing.
The National Housing Authority Act Chapter 195 of the Laws of Zambia establishes the National Housing Authority, which promotes housing development and management in Zambia. The Authority is tasked with reviewing housing conditions and needs and securing housing accommodation for the Republic.[10] Despite this, many urban areas in Zambia do not align with recognised minimum standards.
The Urban and Regional Planning Act No.3 of 2015 provides for the principles and standards for urban and regional planning.[11] It ensures a balanced system of settlements and open spaces and prohibits building without an occupancy license or planning authority approval.[12] However, it can be observed that the Act does not mandate the Local Authority to conduct education and awareness campaigns on planning regulations.
This Act complements the Lands Act, which governs land alienation. While the Lands Act allows for the eviction of individuals occupying land illegally, the Urban and Regional Planning Act goes a step further by imposing criminal sanctions if buildings are constructed on such property.[13]
The Act is also complementary to the Local Government Act which states that homes not complying with planning regulations may be demolished.[14] This provision was enforced in 2012 when the government demolished 400 houses across Zambia that were deemed illegal.[15]
CONCLUSION
Building a house or owning a home is a common aspiration as it brings about the realisation of the right to adequate housing. However, this article has established that building a house can be a crime and a serious impediment to enjoying the rights it seeks to promote if built on land occupied illegally and against planning and building regulations. Despite several laws prohibiting illegal settlements in Zambia, such settlements still constitute most of Zambian cities due to the lack of law enforcement and citizen awareness of planning regulations. It is recommended that the Urban and Regional Planning Act No. 3 of 2015 be amended to require local authorities to conduct awareness campaigns on planning regulations.
The Author, Mrs. Chiluba Kabinga Moyo is a Research Officer at the Zambia Law Development Commission.
FOOT NOTES
[1] United Nations, “Indicators of sustainable development: Guidelines and methodologies”, 2001. Available at http:// www.un.org/esa/sustdev/publications/indisd-mg2001.pdf pg. 160
[2] J. S Mwamba, Z. Peng (2020) Analysis of Informal Urban Settlement Upgrading: The Case of Ng’ombe Slum Upgrading in Zambia
[3] Groundwater Pollution: Key Threat To Water Security & Health retrieved from https://www.fractal.org.za/wp-content/uploads/2019/01/Policy-Brief-Lusaka-Groundwater-Pollution-v2.pdf 30/01/24
[4] National Infrastructure Policy https://www.mihud.gov.zm/nhf/wp-content/uploads/2024/05/NATIONAL-INFRASTRUCTURE-POLICY-2023.pdf pg. 1 on 30/01/24
[5] Samuel Sakala, Causes And Consequences of Informal Settlement Planning in Lusaka District: A Case Study of Garden House
[6] Article 17(1)
[7] Article 17(2)
[8] Un Habitat Fact Sheet No 21, “The Right to Adequate Housing” Available on https://www.ohchr.org/sites/default/files/Documents/Publications/FS21_rev_1_Housing_en.pdf
[9] Article 16
[10] Section 19
[11] Section 3
[12] (2)a
[13] Urban and Regional Planning Act, 2015 Section 17()2
[14] Section 5(j)
[15] The New Humanitarian, 9/10/212, Government clamps down on ‘illegal’ housing, available on https://reliefweb.int/report/zambia/government-clamps-down-illegal-housing