GRACE CHAILE
Lusaka
CHIEF Justice Mumba Malila says the Judiciary will establish a specialised lands and environment court with the aim of expediting the resolution of land and environmental disputes in the country.
Justice Malila acknowledged the growing number of land-related cases before the courts, noting that many of them take long to be concluded.
Speaking during the opening of an induction workshop for newly appointed and promoted judges in Lusaka, the Chief Justice said the proposed court will help streamline the handling of land and environmental matters, which are critical national assets.
“I can imagine when we have a lands and environment court taking away a number of cases that are pending, it will be a breather for the rest of the courts,” he said.
“And because of specialisation, I will expect a quick turnaround in the disposal of land and environmental cases by experts in those areas.”
Justice Malila also said the Judiciary will continue investing in judicial training through the soon-to-be-operationalised Judicial Institute.
And Zambia Land Alliance (ZLA) has welcomed the proposal because a specialised court will contribute to timely delivery of justice in land and environmental matters.
ZLA executive director Patrick Musole said ordinary court processes often result in lengthy delays in resolving land disputes.
“Usually, general cases tend to take years before they are resolved, and that does not help matters relating to land and environmental issues.
“So, it’s a great idea to establish a specialised court to deal with land and environmental cases,” Mr Musole said.
He, however, cautioned that the success of the proposed court will depend on adequate funding.
“The only challenge we have is being able to apportion adequate resources. While the idea is welcome and we support it, we have seen challenges with the Lands Tribunal, which was established to expedite land conflict resolution,” Mr Musole said.
He noted that the Lands Tribunal has struggled to operate effectively due to resource constraints.
“The Lands Tribunal does not have permanent adjudicators. The judges are part-time and have other responsibilities. They only sit when it is time to tour provinces and hear cases,” Mr Musole said.
He said the Lands Tribunal does not have a permanent court structure and is unable to adequately serve districts where many disputes arise.
Mr Musole said the lands and environment court should be decentralised to ensure access to justice across the country.
“Land cases are happening countrywide. If this court is based only in Lusaka, it may not serve its intended purpose,” he said.
“We need decentralised structures with full-time judges or adjudicators to effectively address these disputes.”
