Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen 1 Alick R MWANZA, Zambia 1. INTRODUCTION Since 1992 when he world s governmens realised he need o proec he environmen, susainable developmen was adoped as a general principle for policies and acions ha had a bearing in he environmen, and one canno alk abou environmen wihou alking abou land on which aciviies ha affec he environmen mosly ake place. Issues of susainable developmen srongly depend on surveying, planning and managemen of land processes ha deal wih accessing and securing enure of land. Surveying is hus a fundamenal aciviy on one of he major componens of developmenal capial; land, wih which Zambia as a counry is well endowed. However, in recen years some malpracices have been encroaching ino he professional pracice of land surveying. This research herefore endeavours o bring o he fore whie collar malpracices ha have recenly crep ino he land delivery process which if lef unchecked would have unold effecs on our much cherished environmen as has been seen in he mushrooming unplanned selemens where he developers have no securiy of enure a all and heir aciviies on land are no conrolled in any way. The sysem ha faciliaes acquisiion of secure enure on land is flawed and he resuling securiy and developmen is unsusainable. In urn he developmen underaken hereon is no secure. Hence, he developers end o pu up developmen ha is no long erm and which does no conform o environmenal needs for a susainable earh. A good cadasral survey approval sysem is hus a sure measure of sabiliy in developmen, as securiy of enure of land on which i will ake place is assured. This was already realised a he Unied Naions 1992 Rio Conference on Environmen and Developmen where he need o proec he world s environmen was agreed wih he concep of Susainable Developmen as a general guiding principle for policies and acions in a large number of fields and secors of sociey [FIG Agenda 21]. The World Commission on Environmen and Developmen defined susainable developmen in heir repor on Our Common Fuure as, Developmen ha mees he needs of he presen wihou compromising he abiliy of fuure generaions o mee heir own needs [FIG Agenda 21]. This mean proecing he naural environmen and improving he social siuaion of he poor and combaing povery. 1 The Auhor would like o acknowledge he financial suppor from he FIG Foundaion in Copenhagen and maerial suppor from he Deparmen of Geomaic Engineering a he Universiy of Zambia (UNZA), wihou which carrying ou his research would have been very difficul. Inernaional Federaion of Surveyors 1/28 Aricle of he Monh, April 2004 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
Land surveying is herefore deeply involved in issues of profound imporance o susainable developmen o improve he social siuaion of he poor by combaing povery. One such issue is ha of land delivery and securiy of enure wihou which susainable developmen canno be realised. The issuance of a Cerificae of Tile o land for a 99-year lease period is based on an approved survey diagram compiled from a field survey carried ou by a Land Surveyor. In his conex a Land Surveyor is one who is licensed o do so by he Survey Conrol Board [Land Survey Ac]. The Surveyor General or his appoined Surveyors approves he survey afer a rigorous examinaion of he survey records submied by he land surveyor. A Surveyor is a licensed Land Surveyor who is in governmen employmen and is so appoined by he Surveyor General [Land Survey Ac]. This research herefore looked a he curren sysem of cadasral surveying and is approval so as o idenify any flaws and heir effecs on secure land enure and susainable developmen and recommends feasible remedies o miigae he effecs. This research is of paricular imporance o susainable developmen in ha i hinges on he securiy of enure, which in iself is a criical facor for susainable developmen wihou which he developer may no susainably develop he land. I is hoped ha he findings of his research would help grealy enhance he land delivery sysem ha would be free of poenial conflics and secure by an unquesionable Cerificae of Tile hereby guaraneeing environmenally friendly developmen. 2. LAND HOLDING IN ZAMBIA All land in Zambia was held under cusomary laws before he arrival of he whie selers. This changed wih he arrival of he colonialiss who waned o hold land using he sysem hey lef a home, he Briish legal sysem [Mulolwa 2002]. This brough in wha was hen called crown land, which was held eiher on Freehold or leasehold, and naive land under cusomary laws. Today land is sill adminisered wih his dual sysem wih crown land having changed is name o sae land. In 1975, all freehold esaes were convered o 99-year leases hrough enacmen of he Land (conversion of iles) Ac. Land could hus no be sold excep for he improvemens on i. As such land in Zambia is held on leasehold in sae land and under cusomary laws in cusomary areas. However here is a provision for convering cusomary land ino sae land wih he consen of he cusomary leaders (chiefs). Land may also be held on a foureen-year lease using jus a skech o generally describe he land parcel in quesion. This lease is normally looked a as jus a faciliaing ool for developmen as arrangemens for a longer lease are being made. There is also a 30 year lease given ou based on a skech plan in reselemen schemes. A 30-year occupancy license is also given wihin housing improvemen areas under he Housing (Sauory and Improvemen Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 2/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
Areas) Ac, 1975. Occupancy licenses are given ou by councils who hold a block ile o such land. The longer lease is for a period of 99 years and can only be graned afer an accurae survey of he land parcel has been carried ou, hence he need for a survey diagram. 3. NEED FOR A SURVEY DIAGRAM A survey diagram is one of he hree cadasral plans ha are par of he survey records for a paricular survey of a land parcel for purposes of obaining a cerificae of ile. I is hus a documen ha conains geomerical, numerical and verbal descripions of one or more parcels of land, he boundaries of which have been surveyed by a land surveyor and which documen has been signed by such land surveyor or which has been cerified by a governmen surveyor as having been compiled from approved records of a survey or surveys carried ou by one or more land surveyors [Land Survey Ac]. I includes any documen, which prior o he commencemen of he Land Survey Ac had been acceped as a diagram in he Lands and Deeds Regisry or in he office of he Surveyor General or his predecessors. A diagram may herefore be needed when: One needs o ge a 99-year lease for a newly offered parcel of land. In his case a new survey is underaken for he purpose. One needs o ransfer from a 14-year lease o a 99-year lease. In his case a new survey is underaken for he purpose. One needs a separae ile for a subdivision from a paren parcel of land. In his case a new survey is underaken o excise off a par of an exising parcel of land. One needs o replace a los 99-year lease. In his case a so-called duplicae ile is issued using diagrams ha a recompiled from he original approved survey records held by he Surveyor General. The compiled diagrams are called Cerified True Copies (CTCs) whose use is conferred by auhoriy under secion 33 of he Land Survey Ac. 4. CADASTRAL SURVEYING Cadasral Surveying is concerned wih he charing of land o accuraely define is boundaries for purposes of obaining a cerificae of ile o ha land. In Zambia, cadasral surveying is governed by he Land Survey Ac under which a Survey Conrol Board, which regulaes he pracice of Cadasral Surveying, is consiued. The Land Survey Ac resrics he pracice of cadasral surveying o only licensed surveyors who are called Land Surveyors. The Surveyor General may appoin Land Surveyors in governmen employmen as Surveyors. Surveyors are he ones who approve cadasral surveys on behalf of he Surveyor General, who is he op mos Surveyor. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 3/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
5. THE CADASTRAL SURVEY APPROVAL SYSTEM Since he cadasral diagram is a legal documen, he survey from which i is compiled is examined in he examinaions secion of he Survey Deparmen. The Chief Examiner heads his secion. He has abou six oher examiners under him. 5.1 Flow of a Survey Job for Examinaion Once he planning auhoriy has approved developmen of paricular parcels of land, ha plan is forwarded o he Minisry of Lands for numbering afer which advice on commissioning land surveyors o carry ou he survey is given o he clien. The commissioned land surveyor hen carries ou he survey, prepares he necessary records and lodges hem for examinaion a he Zambia Survey Deparmen (ZSD). Afer examinaions, he job is eiher reurned o he land surveyor for correcions or i s passed on o he Surveyor for approval. The Land surveyor hen collecs he approved survey diagrams and hands hem over o he clien who uses hem o reques for heir Cerificae of Tile from he Lands Deparmen. All oher maerials (he wrien survey repor, field book, compuaions book, working plan and general plan) become public propery and remain wih ZSD. These are used o updae plans and for general consulaion by oher land surveyors and ohers who may need he same informaion. These records are kep in he Plan Room. Plan iniiaed Approval by Planning Auhoriy Lands/ ZSD for Numbering Land Surveyor commissioned Cadasral survey done Land surveyor lodges survey for exam & approval ZSD examines & approves Survey Land surveyor collecs approved diagrams Landowner collecs diagrams Fig. 1: A survey job s flow from planning o collecion of approved diagrams 5.2 The Plan Room The Plan Room is so called since his is where all he cadasral plans and records are kep. A presen all he daa is in hard copy form. Any daa search for cadasral survey records akes place in he plan room. The plan room also acs as a recepion area for he ZSD. I is usually he firs poin of call for all sors of cliens o he ZSD. I is in he Plan Room ha numbering of plans is done on reques by he Lands Deparmen. Requess for Cerified True Copies (CTCs) of approved diagrams are also made in he Plan Room. The Plan Room, in shor, handles all sors of requess peraining o cadasral surveys and filers hem o paricular secions, which deal wih hem. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen 4/28
I is herefore in he plan room ha land surveyors lodge heir jobs for examinaions and collec hem afer examinaions. The plan room is he focal poin in he movemen of he survey job for examinaion in ha afer he job has been lodged for examinaion, i is regisered and given a survey record (SR) number and hen forwarded o he examinaions secion (Chief Examiner). Afer examinaions, wih necessary commens (eiher reurn o land surveyor or pass o approval) he job is brough back o he plan room where i s forwarded o he nex person in line. Afer approval by he Surveyor, he Plan Room forwards he job o he Reprographic Secion o make a disaser copy for every approved diagram, a process called sa filing, afer which he job s compuer records in he alphanumeric daabase are updaed so as o now show he survey deails of ha previously unsurveyed land. These are deails like diagram number, survey record number, land surveyor, exen, dae surveyed and so on. Afer all his, he survey diagrams are hen ready for collecion by he land surveyor who lodged hem. The plan room falls under he examinaions secion and is headed by an examiner who is called he Plan Room Supervisor. 5.3 The Examinaions Secion Reprographics for sa filing Lodging & Collecion of Survey Jobs Plan Room Approval of Lodged Survey Jobs Examinaion of lodged survey jobs Fig. 2: Plan Room as he focal poin in he survey job examinaion process This secion, which is headed by he Chief Examiner, who repors o he Assisan Surveyor General in charge of Cadasral Services, is responsible for scruinising cadasral survey jobs before a governmen surveyor can approve he survey. The examinaion focuses on he correcness of he mehods used, preparaion of repors and plans and wheher carried ou in accordance wih he Land Survey Ac and is regulaions. The job is eiher passed on for approval or reuned o he land surveyor for amendmens as per findings of he examiner. Afer being lodged, he survey job is pu in a durable folder called a Jacke upon which every officer who handles a paricular par of he job endorses his or her signaure and commen. The conens of he Jacke are also endorsed on i. In addiion, when survey jobs are lodged for examinaion and brough o he Chief Examiner, he eners hem in his regiser and disribues hem o his examiners who repor back heir findings o him so ha he keeps rack of he examinaions process noing he findings in his regiser. Jobs for examinaion are herefore supposed o ener and exi he secion hrough he Chief Examiner. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 5/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
6. THE PROBLEMS IN THE SYSTEM The research focused on he period 1996 2003 for hese malpracices became noiced afer land ransacions were given moneary value. Previously only developmens on land could be sold and no he land iself on which he developmens were. This addiion of moneary value o land became more visible wih he sale of governmen, parasaal organisaions and council houses o individuals who in urn sold hem a inflaed prices compared o wha hey go hem a. A he same ime here was an immeasurable demand for land o allocae o hose ha did no benefi from he sale of houses. Prospecive landowners were hus ready o lay heir hands on anyhing ha appeared o be vacan land a all coss. On he oher hand, here was a cadre of prospecive malpraciioners ready o pounce boh on he poholed sysem and he desperae prospecive landowners. The major problem in he sysem now is herefore ha procedures are no followed a almos every level, leaving a lo of room for malpracices and infilraion of he sysem by malpraciioners who survive by desabilising he sysem furher. This problem is no jus a ZSD problem bu also spreads o oher Deparmens of he Minisry since here is no sysem for couner checking wha is purpored o come from he oher Deparmens. Consequenly ficiious surveys, surveys carried ou in offices, exisence of diagrams for nonexisen land parcels and indiscriminae issuance of CTCs hrough oal abuse of secion 33 of he Land Survey Ac became immensely noiceable. These malpracices hus gave rise o ye anoher problem of rampan disappearance of survey records, mosly involving such dubious surveys. 7. METHODOLOGY The research sared by reviewing a number of relaed aricles o learn and see wha migh have been done before in Zambia. Minango (1998) in his hesis repor oulined ha, Dale (1976) included a review of he cadasral sysem in Zambia in chaper 10 of his book; Lilje and Nilsson (1976) looked a he backlog (reasons and consequences) of cadasral surveys and heir fuure demand in Zambia in a Swedesurvey consulancy repor; Mvunga (1980) raced he origins and developmen of land enure sysems in Zambia; Bruce and Dorner (1982) looked a land enure issues in perspecive, equiy and produciviy; Kagedal and Fagersen (1986) delved ino appropriae mapping echniques for land held under cusomary enure sysem; Fox (1989) covered issues of land delivery and Chileshe (1994) looked a a low cos approach o cadasre and land regisraion for land under cusomary enure wih emphasis on daa acquisiion. Chilufya (1997) in looking a a possibiliy of an inegraed cadasral and land regisraion informaion sysem noed ha delays in survey records examinaions were due o lack of rus he sysem had in Land Surveyors. In oher words, he alluded o he exisence of whie-collar malpracices in he sysem, which one would say he examinaions process sough o Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 6/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
eliminae. He recommended punishmen for he erring land surveyors according o he law o insil rus in he work hey did. Chilufya (1997) also recommended ha he number of duplicae copies of plans mainained by he sysem needed o be reduced. This poined o he fac ha he sysem canno adequaely monior aciviies based on hese duplicae copies of plans due o heir numbers and migh herefore creae a ferile ground for he noed malpracices in he sysem. In addressing he issue of delayed examinaion of cadasral surveys, Mulolwa (2002) recommends he use of an elaborae sandard survey job submission form wih adequae informaion o aid quick deerminaion of is qualiy and hence approval. The Lands Tribunal, se up under he Lands Ac of 1995 o expediiously handle all maers relaing o land, has so far no handled any dispue which could direcly be aribued o he problem of whie collar malpracices in cadasral surveying. I can herefore be seen ha no research has solely been dedicaed o idenifying land survey malpracices inheren in he approval sysem or indeed he regisraion sysem, le alone he effecs of hese malpracices o secure land enure and susainable developmen. There was herefore need for his research. Afer lieraure review 112 survey records were randomly picked from he Plan Room covering he period 1996 2003 (see able 1 and appendix 1). From hese records he following informaion was colleced; parcel number, examiner, survey record number and who carried ou he survey (governmen or privae). Table 1: Number of records colleced from each year Year Number of Survey Records 1 1996 14 2 1997 13 3 1998 13 4 1999 13 5 2000 14 6 2001 14 7 2002 17 8 2003 14 Toal 112 Since each surveyed and approved plan has a Survey Record (SR) number, each parcel has an associaed SR number. Accordingly, using parcel numbers from he randomly seleced survey records, a search was conduced in he compuer daabase o come up wih he survey record numbers for hose parcels. Anoher check was also performed using he survey record numbers o see if he survey records under scruiny were for he same parcels of land. This was done o deermine he exen of he problem (see appendices 2 and 3). Inerviews wih some sysem operaors were also conduced hrough which some cases of hese malpracices were idenified. These inerviews and mere observaions also helped Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen 7/28
undersand he sysem of cadasral survey approval and he public recepion and complains procedure now in place (see Table 2). Table 2: People Inerviewed Name Tile Deparmen 1 Tonny Mwanalushi Assisan Surveyor General Cadasral & ZSD Surveyor 2 Raynold M Moyo Assisan Surveyor General Mapping & ZSD Surveyor 3 F L Sichone Ag. Senior Regisrar Deeds and Lands 4 Kachamba Then Regisrar Lands Tribunal 5 Sadok Siame Senior Lands Officer Lands 6 S A M Kulondwa Ag. Chief Examiner ZSD 7 Jones Siang andu Plan Room Supervisor ZSD However, insead of focusing on who he perperaors were he research focused on idenifying he flaws in he sysem and how hey could be remedied. This was necessiaed by he fac ha i was difficul o exrac informaion from people a a ime when he counry and he Minisry of Lands in paricular was embroiled in issues of corrupion, which in essence are he roo cause of he very malpracices he research was focusing on. A governmen ask force pursuing perperaors of economic plunder was already in place and i was difficul for people o look a his research as an exercise aimed a improving he land delivery sysem for susainable developmen and no a condui for invesigaing people for prosecuion. 8. FINDINGS 8.1 Record Searches The searches done on compuer using parcel numbers generaed same survey record numbers for mos of he parcels, i.e. 76 of 112 represening 68%. Therefore 68% exis boh on ground and in he alphanumeric daabase. The oher 32% (36 of 112) generaed commens exis (23) and no exis (13). This is despie hese survey records exising and being as old as 5 years afer approval. A possible explanaion was given ha: exis means he parcel was proposed (numbered) o be surveyed bu may no have been surveyed ye, or if surveyed is no ye updaed in he daabase. no exis means ha he parcel was no proposed (numbered) o be surveyed in he firs place. As such i does no even exis in he daabase. The search by SR numbers did no yield much as he compuer daabase available has no capabiliy o search using SR numbers. This was hus done using he examinaions regiser, which is very oudaed. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 8/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
8.2 Inerviews and Observaions Through inerviews, i was also discovered ha: here is abuse of secion 33 of he Land Survey Ac. Secion 33 allows a governmen surveyor o approve a diagram or general plan if he same was framed from approved survey records filed wih he Surveyor General s Office (ZSD) or regisered in he Deeds Regisry wihou he signaure hereon of he land surveyor who signed he original general plan or diagram if he is no available or unreasonably refuses o sign he general plan or diagram so framed. Through he use of his secion ficiious or office surveys have been conceived and diagrams produced wih forged approving signaures or indeed correcly signed by he unsuspecing governmen surveyor. Such surveys may even bear record numbers of oher parcels jus o make hem look complee and real. This scenario presens iself on eiher a real parcel or indeed a non-exisen parcel. Exising parcels are usually hose ha were previously held on 14-year lease using a skech plan as a descripion of he land parcel. The malpraciioners hen jus si in he office and scale off coordinaes from a opographic map and inser hem on a diagram and use oher record numbers on i. I hus looks auhenic and is presened for approval. Non-exisen parcels are used in he case of a desperae prospecive buyer who is promised a one-sop shop in acquiring he necessary documenaion for he promised parcel of land. There is indiscriminae producion of CTCs using he same secion 33. This is someimes done o circumven paying of survey fee due o a land surveyor. In which case he malpraciioner pockes he small fee for producion of a dubious CTC. CTCs produced o faciliae a dubious ransacion of selling one parcel of land o more han one buyer and issuing all of hem wih diagrams. Survey records peraining o quesionable diagrams disappear from he plan room o oblierae incriminaing evidence. I was also discovered ha persons who masquerade as land surveyors perperae mos of hese malpracices aided by land surveyors who someimes endorse heir work as auhenic when no, a a small fee, he so-called signing fee. The plan room hough acing as a recepion area o ZSD is acually no. As such a lo of confusion reigns presening a ferile ground for he growh of hese malpracices. Owing o he plan room acing as a public recepion area o ZSD, i is difficul o monior he movemen of survey records, which someimes fall in wrong hands. Some officers in he Deparmen also personalise some survey records denying land surveyors and oher ineresed paries access o he same. Landowners insead of he land surveyor hey commissioned also usually collec diagrams direcly from he plan room. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 9/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
Movemen of lodged survey jobs is no properly moniored such ha some jobs go sraigh o cerain examiners wih ineres in hem, a siuaion which compromises qualiy of work produced. In fac i is in such cases were records disappear soon afer he job is approved. As such i is even difficul for he chief examiner o know which jobs have come in and gone ou of his secion for whaever reason. A he minisry level i was found ha here is no way of verifying wha Lands Deparmen receives from ZSD as he diagrams are presened by he landowners. The same is rue for he Lands and Deeds Regisry. Alhough here exiss an alphanumeric daabase in he minisry on maers of land, mos line officers have no access o i. These flaws herefore make he perperaed malpracices no easily deecable a he righ ime a he righ sage o quickly nip hem in he bud. 9. ANALYSIS OF FINDINGS 9.1 Record Searches Searches ha were conduced on randomly picked survey records came up wih 20.5% of records ha were classified as exising bu had no been updaed and 11.6% of he records ha were classified as no exising. The records labelled exis are parcels ha were numbered bu no surveyed according o he compuer daabase. Ye some of he parcels had heir surveys approved 5 years ago. The records labelled no exis are for parcels ha were numbered and no indicaed so in he daabase. They are hus no even supposed o be surveyed according o he daabase records. Ye again heir survey records were approved. There is only one compuer erminal in he plan room from where he alphanumeric daabase is updaed and an excuse ha i is inadequae may herefore be advanced. Whereas his is rue, i does no hold waer in ha he so much alked abou backlog canno be properly ascerained since recen records are updaed and old ones no. Therefore his anomaly in a sysem ha is supposed o deliver secure land enure comes abou because of lack of a clear-cu monioring mechanism o check ha he flow of plans for numbering and approved survey records is according o procedure. This is so in ha here seem no o be clearly defined roles for plan room personnel on who should make daabase updaes alhough boh plan numbering and updaing of surveyed parcels is done in he plan room. The graphic updaes done by he cadasral drawing office, probably a he same ime, canno be said o cause he delay in he alphanumeric daabase. This lack of a monioring mechanism hus leaves room for anyone o pick he numbered plans or survey records before hey are updaed wih or wihou permission. The 32.1% of exis and no exis records could herefore be as a resul of malpracices. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 10/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
9.1.1 Recommendaions Clearly define he roles on who should be charged wih he ask of updaing he daabase. Such a person should also have unique righs o he alphanumeric daabase, which all ohers migh no be assigned. Increase he number of erminals in he plan room for his and oher purposes so as o ensure uninerruped access o he daabase for he person(s) carrying ou he updaes. Clearly define wha kind of informaion is obainable in he plan room and from he Deparmen of Lands so as o free he plan room from an influx of people looking for informaion hey could easily obain from Lands. This could be done by resricing he kind of informaion available o he plan room o only survey issues. Pu in place a clear waerigh mechanism for monioring he flow of jobs handled in he plan room. Mulolwa s (2002) inegraed land delivery archiecure includes a job flowmonioring module across he enire process. Such a mechanism mus have no room for shorcus. This can easily be done by ensuring ha he curren scenario where all survey jobs ener and exi hrough he plan room only afer all updaes are compleed. In case of survey jobs lodged for examinaions, a monhly reconciliaion of he plan room records and acual jobs handled in he examinaion secion mus be underaken o accoun for jobs ha circumven normal procedure. 9.2 Indiscriminae Use of Secion 33 of Land Survey Ac Mos if no all of he ficiious diagrams produced involve he use of a name of a land surveyor who was or is in governmen employmen. This is because he loose applicaion of his secion in ZSD has largely faciliaed he malpraciioners use of his secion. ZSD does no have enough licensed surveyors and so i jus uses names of he few available licensed surveyors even for jobs done wihou heir supervision, which is a clear conravenion of he provisions of he Land Survey Ac. Such diagrams, which are no signed by he land surveyor bu jus bear he land surveyor s name, are many from jobs carried ou by ZSD in is 9 Regional Offices. This is a flaw, which has been exploied o he fulles since one does no need a land surveyor s signaure bu jus yping in he land surveyor s name suffices even for false surveys. The law only provides for use of secion 33 in recompilaion involving previously approved survey records. Secion 33 reads, in par, ha provided ha a general plan or diagram may be approved if i has been framed from an approved general plan or from an approved diagram or diagrams or from approved Survey Records filed in he Surveyor General s office or regisered in he Regisry, wihou he signaure hereon of he land surveyor who signed he original general plan or diagram if he is no available or unreasonably refuses o sign he general plan or diagram so framed. I makes no menion of a new survey being approved using he same secion. In fac secion 33(2)a is caegorical on he maer and saes, subjec o he provisions of secion hiry-four, no general hereof plan or diagram shall be approved unless i is Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 11/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
prepared under he direcion of and signed by he land surveyor or land surveyors who carried ou he respecive survey. Secion 34 only allows approval of unsigned records if hey are for consolidaion purposes or boundary realignmen only. 9.2.1 Recommendaions ZSD mus adhere o he provisions of he law. The reason why ZSD uses he name of any land surveyor in governmen employmen is no among hose provided for under secion 33 of he Land Survey Ac. ZSD mus herefore ensure ha every Regional Officer in Charge is a land surveyor. To achieve he level of a land surveyor for every Regional Office, ZSD mus have a deliberae policy of grooming is young surveyors o obain licenses afer a welldesigned appreniceship period. The Survey Conrol Board, hough chaired by he Surveyor General mus clamp down on ZSD for indiscriminaely using secion 33 of he Land Survey Ac and conravening he law. In he meanime ZSD mus resric he use of secion 33 o auhoriy given by he Assisan Surveyor General Cadasral Services or he Surveyor General only. For surveys involving living land surveyors, every effor mus be aken o ensure ha hey sign he documens as land surveyors are almos always a ZSD looking for informaion o use in heir work. The Land Survey Ac, which was enaced in 1960, urgenly needs a severe surgery o rid i of undesirable clauses ha faciliae malpracices and infuse in new clauses ha befi he 21 s Cenury o ake care of he changing land adminisraion and surveying echnologies. 9.3 Indiscriminae Producion of CTCs Many people in Zambia do no wan o pay survey fees, which in fac, are no so high. They hus rek o he plan room in he hope ha hey can bargain for somehing less. When i is discovered ha he parcel was already surveyed bu he owner says can only pay a small amoun, CTCs are usually he answer using he same noorious secion 33 wihou he consen of he land surveyor who could sill be holding on o he diagrams waiing for he no show parcel owner. A mechanism is in place o ensure ha he land surveyor accens o he producion of CTCs bu i is no waer igh. 9.3.1 Recommendaions Applicaions for CTCs mus go hrough he land surveyor who originally carried ou he survey o he Surveyor General. Where he land surveyor is no available or unreasonably refuses o accen, hen secion 33 may come ino play. Reasons for producion of CTCs mus be properly laid ou wih supporing documenaion before acceping o issue hem. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 12/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
9.4 Missing Survey Records Normally i is he records of dubious surveys, which go missing o erase evidence of he same alhough some records are jus personalised by some people especially officers in ZSD. The reason being ha hey carry ou unauhorised surveys in cerain areas bu also simply for he love of creaing mini archives in heir offices. 9.4.1 Recommendaions A flawless job racking mechanism is required o ensure ha a jacke posiion in he whole sysem is known a any poin in ime. Survey records mus only leave he plan room afer being signed for indicaing name, dae and reason for collecion, oherwise consul wihin he plan room. A he end of he week an officer of he plan room charged wih he monioring of he movemen of he records mus make a follow-up. Collecion of and consuling of cerain records mus be resriced o a specified group of people only such as land surveyors and line officers in he ZSD. Only land surveyors or heir auhorised agens mus be allowed o collec diagrams from he plan room afer approval. Clear and clean up he Plan Room. I is currenly in a mess. Creae a separae daa review and prining secion. Employ qualified saff in daa and informaion managemen o run he Plan Room. 9.5 Public Recepion and Complains Procedure There is lierally no public recepion and complains procedure sysem in place. I is even difficul for someone coming o he Minisry for he firs ime o find heir way. Apar from he plan room funcioning boh as a cadasral survey informaion archive and recepion for land surveyors lodging and collecing heir jobs, i also acs as a public recepion office for no only he ZSD bu also oher Deparmens as people usually call here firs before being direced o he righ office. This has bred a lo of confusion in he whole sysem in ha he roles of he plan room are no well known as such and monioring of is aciviies are difficul when here is always an influx of he public looking for his or ha. 9.5.1 Recommendaions The Plan Room mus be a cadasral survey informaion archive and a specialised recepion office for services needed by land surveyors and line officers in ZSD. I will hen be able o offer services ha i should o he righ people and a he same ime be able o monior is aciviies beer han now. There mus be herefore anoher public recepion office for he ZSD or Minisry ha can ac as a filer for all cliens ha visi ZSD or he Minisry. This will also help in reducing incidences of emping offerings o various officers who a he momen direcly come ino conac wih he public. Mulolwa s (2002) inegraed land delivery archiecure incorporaes such a fron desk idea. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 13/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
9.6 Checks wihin he Minisry Knowing he oupu of oher line Deparmens in he minisry is very imporan if a conflic free produc (ile) is o be realised and dubious records are o be quickly deeced. A he momen he Lands Deparmen ha receives he approved diagram o prepare a cerificae of ile, does no know wheher wha hey receive is auhenic or no. As such here are even cases where iles were prepared based on dubious diagrams. 9.6.1 Recommendaions There is need for cross Deparmen awareness campaigns o simply enlighen hose direcly or indirecly receiving informaion or documens from oher Deparmens, which are inpus in heir work. They need o know wha o expec and in wha form. Tha way hey will be able o ell he difference beween an auhenic documen and a dubious one. The presen daabase sysem mus be enhanced ino an inegraed GIS, which boh Chilufya (1997) and Mulowa (2002) advocae. Through such a sysem, which inegraes survey graphic daa and land records, each operaor in he sysem of land delivery will have access o view he records hey need and ake heir acion based on i. Cerain safeguards can be buil in ino he sysem o ensure inegriy of informaion herein. For example, informaion abou a parcel of land could be available from he ime an offer is made wih addiional informaion being added as i is being generaed such ha a every sage any operaor in he sysem would know a wha sage he process for a paricular parcel is, hereby enabling hem o make an informed decision and advise he clien accordingly. And since informaion shall be inpu by people given righs o do so cases of fraud will be easily deeced and nipped. Decision-making shall also be grealy enhanced wih such an approach. 9.7 Unqualified People Carrying ou Cadasral Surveys Mos of he malpracices in cadasral surveying are perperaed by people who are no qualified o do he job. These are normally people in he allied professions who in he course of heir work come across cadasral relaed work. Bu insead of referring i o he expers hey ake i up and use fellow unqualified people who use shor cus o ge o he produc required. Such people have flourished because of he laxiy in enforcing he law and he sheer ignorance of hose ha give hem such jobs. 9.7.1 Recommendaions Enforce he provisions of he Land Survey Ac by prosecuing hose ha conravene he law. Moun awareness campaigns for he public using all effecive media channels o enlighen he public on he need o use land surveyors for cadasral surveys. Furher enlighen he public on wha i akes o produce a diagram and consequences of using unqualified people and dubious mehods o obain a survey diagram. I is imporan o Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 14/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
ell he public ha Cheap is usually expensive since he job, in case of a ficiious survey, mus be redone a he owners cos. Encourage land surveyors o ge involved in educaing he public, especially he venerable groups e.g. women, on he process of geing ile o land as heir conribuion o sociey hrough which sociey s aiude could be influenced owards he concep of susainable developmen [FIG Agenda 21]. Such aciviies mus herefore be recognised by professional bodies as par of CPDs. Land surveyors mus socially inegrae hemselves in socieies hey live so ha he public know wha hey do bes. Such involvemen of land surveyors in public awareness campaigns will hus go a long way in conribuing o he achievemen of FIG Agenda 21. 10. EFFECTS ON SECURE TENURE AND SUSTAINABLE DEVELOPMENT The effecs of hese whie-collar malpracices in cadasral surveying are immense and cosly. In mos cases land developers have had o lose ou on developmenal projecs hey sared on land ha was laer found o have irregular documenaion. In some cases building srucures have had o be demolished wih no compensaion a all or well-cleared farmland repossessed. All because shor cus in he process were sough hrough resoring o malpracices. For example wihin his year no only was propery los in he Kalikiliki demoliions, bu also life. In 1991 and 2002 propery was los in he Kanyama and Kamanga 2 demoliions. All because of he developmen were no secure and herefore unsusainable. Had all hese been secure wih ile based on properly execued cadasral surveys, he loss could have been avoided. In a counry ha is grappling wih a high povery levels, such loss of scare resources hrough malpracices in he process of land delivery has a very devasaing effec in ha he majoriy of he people are denied access o land and securiy of enure, which are very imporan prerequisies for he provision of sheler for all. Consequenly his ranslaes ino a grea denial of he developmen of susainable human selemens in a counry where here is virually no residual income. Hence a denial o break he vicious circle of povery which, is coninually killing our sociey [FIG Agenda 21]. In an effor o role back malaria, mosquio-spraying campaigns in unplanned selemens failed due o lack of proper maps o plan and monior he process. Maps in such areas are usually a produc of cadasral surveys. Disease conrol is herefore a difficul ask where illegaliy reigns. Where landowners are spared of repossession or demoliion, hey have had o foo he bill for a resurvey o correc he wrong, while losing ou on heir firs or indeed second paymen of he dubious survey. All his a he cos of divering developmenal resources ino a process ha could have been done righ he firs ime. The adminisraor of a named farm conraced 2 ohers who did no deliver he required service before she seled for he auhor and paid all he hree. 2 Kalikiliki, Kanyama and Kamanga are all unplanned selemens in Lusaka. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 15/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
In cases where developmen akes place he economic effecs are also immeasurable since i becomes exremely difficul o urn such asses ino liquid capial hereby hindering acquisiion of he much-needed capial for new invesmens. Correcion is usually a grea cos boh in erms of direc paymens for correcion as well as in erms of loss of wha migh have been a lifeime invesmen opporuniy. The greaes effec is ha of loss of confidence in he land delivery sysem by he main players such as developmen financing insiuions. When he documens ha guaranee securiy of enure become quesionable, securing financing opporuniies for developmenal projecs becomes difficul. Where hey are accessed, i is again a an addiional cos because such players will ask for or carryou addiional checks before rendering any assisance. In addiion when confidence in a sysem is los, illegaliy akes roo [Mulolwa 2002]. This hen breeds anarchy in ha developmen is unplanned and haphazard. In such a scenario i herefore becomes difficul for cenral or local governmen o conrol developmen in his age where even illegal developers can seek proecion of he law leading o lenghy and cosly legal bales in cours of law. Moreover, environmenal concerns canno be addressed when developmen iself canno be conrolled. Even he much needed provision of services and collecion of revenue is difficul in such circumsances. All hese effecs sum up o an unsusainable developmen as everybody loses confidence in he sysem. Environmenally, his has led o developmen ha does no ake ino accoun he well being of he surroundings wihin which i is occurring. Hence degrading i o levels, which require diversion of huge amouns of resources o correc. Ye such divered resources could oherwise be used o susain sociey. For example, he Kalikiliki Dam, a one ime he home of a once vibran Lusaka Yaching Club is slowing being suffocaed by encroachmens of illegal selemens. Many dambo (swampy) areas are now illegally buil up; disurbing he naural environmen of any aquaic life here was in hese areas. 11. OVERALL RECOMMENDATIONS Secure and susainable developmen can only come abou when here is order in he land delivery sysem. A he momen here is a lo of anarchy in his process ha needs o be addressed urgenly. Knowing ha securiy of enure is a criical facor of susainable developmen mus propel us furher o ensure ha he sysem ha delivers ha securiy is flawless o build confidence and faciliae economic developmen. The operaions of he Plan Room and Examinaions Secion need o be sreamlined o make he survey diagram approval process waerigh. In addiion, here is need o separae he plan room from a public gallery ha i now seems o be by providing a separae general public recepion office. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 16/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
The Surveyor General, he Assisan Surveyor General Cadasral Services and he Surveyor approving cadasral surveys mus have access o he enhanced daabase records (GIS) so ha hey are beer informed as hey carry ou heir asks. The same is rue for all desk officers in Lands and Regisry Deparmens. This will only have an impac if he presen sysem is developed ino a more ransparen GIS ha shall afford paricular officers only ha informaion hey need o work on or view. There is herefore need o reengineer he presen sysem on he lines recommended by Mulolwa (2002) and Chilufya (1997). Such a GIS will sem a lo of malpracices wih is inbuil safeguards, which o some exen he presen sysem is lacking. There is also an urgen need o overhaul he Land Survey Ac, CAP 188, and relaed legislaion o faciliae smoohening he process of he enire cadasral surveying sysem. In is curren sae, he Ac is somewha a boleneck in he land delivery sysem (The proposed amendmens ha were proposed some 3 years ago have been overaken by evens). In line wih he pledge made in he 1996 Land Policy Documen, he Minisry mus faciliae a quick review of his Ac. ZSD mus sop abusing secion 33 of he Land Survey Ac. I has been a major faciliaor of he ficiious surveys ha have occurred. ZSD mus herefore embark on reraining heir young land surveyors owards geing licensed. An increased number of land surveyors, from he presen 30 counry wide, will also help curail his diry rend of mushrooming ficiious surveys. The Survey Conrol Board mus also ensure ha his scenario of abou one land surveyor per 350,000 inhabians is grealy improved by devising deliberae appreniceship programmes for he profession. I is no enough o jus rely on a naural flow evens when we are a counry in crisis. The Survey Conrol Board mus also clamp down on all illegal aciviies in he profession regardless of he perperaors. 12. CONCLUSION Povery is a chronic disease eaing away he fabric of our sociey and affecs boh he haves and he have-nos. In Zambia, he single resource ha we have in abundance is land. Everywhere in he world economic aciviies ake place or sar aking place on land. For us o economically prosper, here mus be securiy for righs held in land by various players in he economy so as o faciliae economically susainable developmen ha has he well being of he environmen in mind. This is achievable hrough he involvemen of he land surveyor in fulfilling his or her par in a conflic free land delivery process by providing reliable survey daa upon which a cerificae of ile, ha ensures secure holding in land, is based. When his process is infesed by malpracices securiy of enure on which susainable developmen and hence economic empowermen depends, shall remain a pipe dream and our sociey shall forever remain impoverished despie he abundance of he major componen of developmenal capial land. This research has brough ou issues ha were previously jus Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 17/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
being alked abou in passing so ha somehing can begin being done o nip his budding problem before i ges ou of hand. Susainable developmen depends on access o appropriae informaion a he righ ime in he righ form for criical decisions o be made. Some of his informaion is delivered hrough cadasral surveying, which is in urn used for propery ax, land ren and raes collecion, locaion of uiliies insallaions and provision of vial services such as ambulance and fire services. The Lusaka Waer and Sewerage Company limied, has shown ha use of cadasral informaion could be beneficial. Using cadasral maps based GIS, he uiliy is able o susain is operaions hrough a billing sysem ha caches all is cliens by locaion, imely locaion of fauls o properly mainain is infrasrucure and o imely plan fuure developmens wih an environmenal friendly ouch. These are some of he benefis of properly funcioning cadasral surveying sysem. I is herefore hoped ha he findings and recommendaions of his research shall become a vial piece in our ques o improve he adminisraive, echnical and legal aspecs involved in he land delivery process, especially hose addressed in his research. I is also hoped ha, having sancioned his research, he Surveyor General shall employ is findings and recommendaions ino improving he survey par of he land delivery sysem. The Minisry a large should also use hese findings o sreamline he cross Deparmen couner checking sysem before using a paricular produc as an inpu in heir own par of he land delivery sysem. ACKNOWLEDGEMENTS The Auhor would like o acknowledge he financial suppor from he FIG Foundaion in Copenhagen and maerial suppor from he Deparmen of Geomaic Engineering a he Universiy of Zambia (UNZA), wihou which carrying ou his research would have been very difficul. The willingness o give informaion by all hose inerviewed is also highly acknowledged as hey made he research successful. The effors, encouragemen and assisance of Chama Manda and Yamikani Mwanza in carrying ou his research are equally highly appreciaed oo. The encouragemen he auhor received from he Surveyor General, his assisan for cadasral services, he School of Engineering Research Coordinaor, UNZA and he Presiden of he Surveyors Insiue of Zambia (SIZ) is also acknowledged. Dr A Mulolwa is being acknowledged for reviewing his repor a shor noice and indeed all hose who conribued direcly and indirecly. REFERENCES Chileshe R A., 1994, A Low cos approach o Cadasral and Land Regisraion for he cusomary Lands of Zambia wih emphasis on daa acquisiion, MSc Thesis, ITC, Enschede. Chilufya S M., 1997, From Manual o Inegraed Cadasral and Land Regisraion Informaion Sysems A Zambian New Legal Challenge, MSc Thesis, ITC, Enschede. Dale P F., 1976, Cadasral Surveys wihin he Commonwealh, HM Saionery Office. Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 18/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen
FIG Publicaion No. 23, FIG Agenda 21 2001 E ISBN 87-90907-07-8 Land Survey Ac CAP 188 of he 1995 Ediion of he Laws of Zambia. Land (Conversion of Tiles) Ac, 1975, Laws of Zambia Housing (Sauory Improvemen Areas) Ac, 1975, Laws of Zambia Minango J C., 1998, Inroducing a Progressive cadasre a he Village as a Toll for Improving Land Delivery A Case Sudy of he Cusomary Areas of Zambia, MSc Thesis, ITC, Enschede. Minisry of Lands, 1996, Land Policy Documen, Priners. Mulolwa A., 2002, Inergraed Land Delivery: Towards improving Land Adminisraion in Zambia, DUP Science, Delf Universiy Press BIOGRAPHICAL NOTES The following eam carried ou his research. Principal Researcher, Mwanza, Alick R (B.Eng, MSc). Lecurer in he Deparmen of Geomaic Engineering a he Universiy of Zambia and a holder of a Cadasral Surveying Pracising License. Currenly Vice Presiden of he Surveyors Insiue of Zambia (SIZ) and Vice Chair for he Zambia Associaion of Geographic Informaion Sysems (ZAGIS). Was also Secreary o an ad hoc commiee ha recommended amendmens o he Land Survey Ac. Research Assisan: Chama, Manda (B.Eng). GIS analys a he Mining Secor Developmen Programme (MSDP) and firs ever female Land Surveyor from he Universiy of Zambia. Yamikani Mwanza. Geomaic Engineering 2 nd year Suden, Universiy of Zambia. CONTACTS Deparmen of Geomaic Engineering School of Engineering The Universiy of Zambia P. O. Box 32379 10101 Lusaka ZAMBIA Fax + 260 1 29 55 30 Email: armwanza@eng.unza.zm Inernaional Federaion of Surveyors Aricle of he Monh, April 2004 19/28 Whie Collar Malpracices in Cadasral Surveying and heir Effecs on Secure Land Tenure and Susainable Developmen