Over 5, 000 Kasenengwa residents petition over land grab

By BARNABAS ZULU

OVER 5, 000 residents of Kasenengwa have petitioned the Ministry of Local Government and Rural Development over the alleged illegal acquisition and allocation of 29 square kilometres of customary land by Kasenengwa Town Council.

The residents, represented by Gibson Nthala, have accused the council of attempting to displace them from land they claim to have occupied and used for farming and habitation for generations dating back to 1904, without consulting them.

In a complaint letter dated July 15, 2026, addressed to the Permanent Secretary in the Ministry of Local Government and Rural Development, Mr Nthala said the affected land covered more than 15 villages under Chief Madzimawe and Chief Mishoro.

He said the traditional leaders had allegedly given consent to the council to acquire the land without consulting the people whose livelihoods depended on it.

“We, the more than 5, 000 affected community members have argued that in as much as we do welcome the idea of declaring Kasenengwa as a district as this will bring development closer to us, Chief Madzimawe and Chief Mishoro did not consult us when they granted respective consents to give away 29 square kilometres of customary land which we have been occupying and using since 1904,” Mr Nthala said.

He alleged that the council had proceeded to plan, grade and demarcate the land into commercial and residential plots, while uprooting trees and destroying crops and farming fields.

Mr Nthala said the council had also advertised and sold portions of the land to outside buyers without the knowledge or consent of the affected occupants.

He said the council initially proposed compensating each affected villager with a residential plot measuring 20 by 30 metres, regardless of the size of their farming fields.

Mr Nthala, however, said the arrangement was rejected because the residents had not been consulted and the proposed compensation did not adequately address their communal interests.

“We were not in agreement with the foregoing arrangement because in the first place both Chief Madzimawe and Chief Mishoro did not consult us when they consented to grant Kasenengwa Town Council authority to acquire and convert our customary land from customary tenure to statutory leasehold,” he said.

He argued that the actions violated Section 3(4)(c) of the Lands Act, which requires consultation with persons or bodies whose interests might be affected by the alienation of customary land.

Mr Nthala said the residents had since taken the matter to the High Court for Zambia at the Chipata District Registry under cause number 2026/HJ/13, in a petition against Kasenengwa Town Council and the Attorney General.

He said the petition sought, among other things, a determination of whether the traditional leaders were legally justified in granting the land to the council without consulting the affected occupants.

Mr Nthala also questioned whether the council had complied with Regulation 4 of the Lands (Customary Tenure) (Conversion) Regulations of 1996, which requires the ascertainment of family and communal interests before customary land is converted to leasehold tenure.

He also disputed the legality of a compensation plan dated September 2, 2025, alleging that the affected residents had not authorised anyone to enter into the agreement on their behalf.

Mr Nthala said the residents had also allegedly received threats from traditional leadership structures, the council and the police following their decision to challenge the land acquisition in court.

“As things stand today, we have been summoned to appear before Chipata Central Police for questioning for merely challenging the manner in which 29 square kilometres of customary land was allocated to Kasenengwa Town Council by the two traditional chiefs without consulting us,” he said.

He said the residents feared becoming destitute because their farming fields were being allocated to other people without adequate compensation or alternative land.

Mr Nthala appealed to the ministry to intervene and ensure that any acquisition or conversion of the disputed customary land was undertaken in accordance with the law and in consultation with the affected communities.

He warned that failure to address the matter could leave the residents with no option but to continue pursuing the court action until justice was served.

Ends.