Nalikena Madaliso asks, You Own the Land… But Do You Own What’s Under It?

By Theodore Muteba AHCZ, LLB, Dip Ins.

Many people in Zambia believe that if they own a piece of land, they also own the minerals beneath it.

That assumption sounds logical — but legally, it is not correct.

In Zambia, land rights and mineral rights are treated as two completely different things. They are controlled by different laws and issued by different government authorities.

Land rights are governed by the Lands Act, while mineral rights are governed by the Mines and Minerals Development Act.

Understanding this difference can save landowners, farmers, and investors from serious legal trouble.

Who Actually Owns Land in Zambia?

Here is a fact that surprises many people.

Legally speaking, all land in Zambia belongs to the President, who holds it in trust for the people of Zambia.

This does not mean people cannot own land. What it means is that citizens are granted rights to use land, usually in the form of leasehold.

There are two main ways people obtain land in Zambia:

State Land

This land is administered by the Ministry of Lands. A person can obtain it by buying titled land from someone else or by applying directly through the Commissioner of Lands.

Customary Land

Customary land is controlled by traditional leaders. If someone wants land in a chiefdom, they must apply through the chief and the local authority.

Both systems allow people to occupy and use land — but they do not automatically grant ownership of minerals.

Minerals Are a Different Story

The minerals beneath the ground are controlled by the state through the Mines and Minerals Development Act.

This means that even if you own a farm, a house, or a large piece of land, the minerals under that land may legally belong to someone else who has been granted a mining licence.

Mining rights are usually obtained by applying to the Director of Mining Cadastre at the Ministry of Mines.

They can also be transferred from one mining company or individual to another, but this requires approval from the Minister of Mines.

When Landowners and Mining Companies Meet

Because these rights are separate, situations sometimes arise where:

One person owns the land… but another person owns the right to mine the minerals beneath it.

When this happens, the mining licence holder must engage with the landowner.

Usually, the mining company may: Negotiate access to the land, Lease the land and Agree on compensation or access terms

If the land is customary land, the mining company must also obtain permission from the chief.

Can a Landowner Refuse Mining?

The law requires the landowner’s written consent before mining activities can take place.

However, the law also says this consent should not be unreasonably refused.

If the parties fail to agree, the dispute may be referred for arbitration through the mining authorities.

In simple terms, the law tries to balance two interests: protecting the landowner and allowing mineral development to take place.

What Rights Does the Landowner Still Have?

Even when mining rights exist, the landowner can still: access water, graze animals and cultivate crops

But these activities must not interfere with mining operations.

Also, new buildings or structures cannot be constructed on the land without the consent of the mining right holder.

What About Damage to the Land?

Mining activities can disturb land. When that happens, the landowner has the right to fair and reasonable compensation.

This compensation covers things such as: damage to the land, disruption of farming activities and disturbance to the enjoyment of the land.

However, there is an important rule:

any claim for compensation must be made within three years from the time the damage occurred.

A Common Mistake Many Landowners Make

One of the biggest mistakes landowners make is assuming that discovering minerals automatically gives them the right to mine.

Unfortunately, that is not how the law works.

Without a valid mining licence issued under the Mines and Minerals Development Act, extracting minerals can actually be illegal — even on your own land.

The Smart Approach

If you discover minerals on your land, or if a mining company approaches you claiming to have mining rights over your property, the smartest step is to seek legal advice immediately.

In my opinion, many land disputes in Zambia arise not because the law is unclear, but because people misunderstand how land rights and mining rights operate.

Knowing the difference between the two can protect your property, your investments, and your legal rights.

Disclaimer: This article is for educational and informational purposes only. It is meant to simplify the law and improve public understanding. It does not amount to legal advice and should not be relied on as such. Every case depends on its own facts and circumstances. Please consult a qualified legal practitioner for specific legal advice.

Theodore Muteba AHCZ, LLB, Dip Ins.