ZiCA demands withdrawal of Bill 13

By BARNABAS ZULU

THE Zambia Institute of Chartered Accountants (ZiCA) has joined a growing list of professional and civil society organisations rejecting Bill 13, which has stirred nationwide fears on the future of land tenure and ownership in Zambia.
Becoming the latest institution to reject the controversial Lands and Deeds Registry (Amendment) Bill No. 13 of 2025, ZiCA has warned that the proposed legislation poses a serious threat to property rights and economic stability.
Speaking during a press briefing yesterday, ZiCA president Yande Siame Mwenya said while the institute acknowledges government efforts to address inefficiencies and irregularities in land administration, certain provisions in the bill are deeply concerning and should not be enacted without broad stakeholder consultation.
“We acknowledge the government’s efforts in recognising the challenges at the Ministry of Lands and Natural Resources, including issues of multiple titles and disputes that have crippled confidence in land transactions,” Ms. Mwenya said.
“However, we have extremely significant concerns over specific provisions in the bill – particularly the clause that grants the Chief Registrar sweeping powers to cancel a certificate of title without due process.”
She warned that such a clause would create legal uncertainty around land ownership with the potential to discourage investment.
“This uncertainty has the potential to deter both foreign and domestic investors – especially in sectors such as agriculture, manufacturing and real estate – where secure land tenure is critical for long-term planning and investment,” she said.
“No investor will commit significant resources into infrastructure or equipment without laws that clearly protect the ownership of that investment,” Ms Mwenya said.
Ms. Mwenya added that the bill could impair the value of property, affecting economic utility and disrupting commercial activity.
“The ability to unilaterally cancel land titles may lead to perceived or actual impairment of property rights. This could reduce the market value of affected properties, especially if buyers fear future title disputes or revocation,” she stated.
“From a financial reporting perspective, land is considered to have an infinite life and is not depreciable. However, uncertainty around ownership could debunk this principle.”
She also expressed concerns that the legislation could severely impact access to credit for smallholder farmers and emerging businesses who use land as collateral.
“Secure land titles are used around the world as collateral for loans. The bill’s provisions could erode lender confidence, making financial institutions more cautious in accepting land and buildings as security,” Ms. Mwenya warned.
“This may result in reduced access to credit or increased cost of capital, particularly for small-scale enterprises.” ZiCA has since urged the government to immediately halt the legislative process and return to the drawing board to consult all relevant stakeholders.
“We respectfully request the government to halt and withdraw the legislative process and consult all stakeholders – these being the banks and financial institutions, the Law Association of Zambia, business owners and the general citizenry – before proceeding,” she said.