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Brief Description
Course Descriptor:
This professional diploma offers a comprehensive and practical examination of the intersection between land governance, real estate administration, and anti-corruption efforts in Zambia. Designed for legal practitioners, land administration professionals, civil society actors, and public officials, the course explores legal, institutional, and policy frameworks governing land and inheritance, while addressing the systemic vulnerabilities to corruption within these sectors.
Through case studies, legal materials, and comparative regional insights, participants will develop critical skills in detecting, preventing, and combating corruption in land and real estate transactions. The course further integrates domestic and international anti-corruption instruments, emphasising enforcement mechanisms and sound governance principles.
Overview
- CODE
PDACS - FEES None
- LOCATION Online
- CONTACTS
- DATES
Course Description
Professional Diploma in ANTI-CORRUPTION STRATEGIES IN LAND AND REAL ESTATE ADMINISTRATION
DURATION: 12 weeks
FEE: K7,000
MODE: ONLINE
ASSESSMENTS: 2 TESTS/EXAM
TARGET AUDIENCE: Legal practitioners, law students, land administrators, traditional leaders, civil society actors, local government and public officials.
Course Descriptor:
This professional diploma offers a comprehensive and practical examination of the intersection between land governance, real estate administration, and anti-corruption efforts in Zambia. Designed for legal practitioners, land administration professionals, civil society actors, and public officials, the course explores legal, institutional, and policy frameworks governing land and inheritance, while addressing the systemic vulnerabilities to corruption within these sectors.
Through case studies, legal materials, and comparative regional insights, participants will develop critical skills in detecting, preventing, and combating corruption in land and real estate transactions. The course further integrates domestic and international anti-corruption instruments, emphasising enforcement mechanisms and sound governance principles.
Course Objectives
By the end of this course, participants will be able to:
1. Understand the legal principles and procedures in estate and inheritance law in Zambia.
2. Analyse Zambia’s land tenure and land administration frameworks.
3. Identify typologies and mechanisms of corruption in estate and land transactions.
4. Examine the role of domestic and international anti-corruption legal frameworks and institutions.
5. Apply legal and practical strategies to prevent, investigate, and redress land corruption.
6. Explore regional best practices and challenges in combating land-related corruption across the SADC region.
Course Outline
MODULE 1 LRE131: Foundations of Estate Law in Zambia
Session 1: Introduction to Estate Law
● Definition, scope, and significance
● Testate and intestate succession
● Legal instruments: Wills, Codicils
● Key legislation:
▪ Wills and Administration of Testate Estates Act (Cap. 60)
▪ Intestate Succession Act (Cap. 59)
▪ Probate Registry Rules
● Authority: Lillian Mushota, Family Law in Zambia
Session 2: Administration of Estates
● Appointment and roles of executors and administrators
● Processes for probate and letters of administration
● Role of the Administrator-General
● Challenges: family disputes, untraceable wills, lack of documentation
● Relevant law: Legal Practitioners Act (Cap. 30)
Session 3: Customary Law and Case Law in Inheritance
● Key Case: Maureen Mwanawasa v Estate of Levy Mwanawasa [2009]
● Customary vs. statutory succession
● Gender and children's rights in inheritance
● Statutory focus: Section 5 of the Intestate Succession Act (Cap. 59)
MODULE 2 LRE141: Land Law, Administration, and Corruption Risks
Session 4: Land Tenure Systems and Legal Framework
● Customary and statutory land tenure systems
● Land leasing, alienation, and conversion procedures
● Key statutes:
▪ Lands Act (Cap. 184)
▪ Land Circular No. 1 of 1985
● Key institutions: Chiefs, Councils, Ministry of Lands
● Case Law:
▪ Kapinga v Chipata Municipal Council (1998)
▪ Hamusonde v Attorney General (2003)
Session 5: Typologies and Mechanisms of Corruption in Land Transactions
● Common corruption forms:
▪ Forged titles
▪ Bribery and kickbacks
▪ Double allocations
▪ Irregular consents
● Case Law:
▪ Chifumu Banda v Attorney General (2015)
▪ Lusaka City Council v Katongo (2018)
● Comparative SADC Cases:
▪ Nyamakate v Kadungure (Zimbabwe, 2020)
▪ Tshabalala v City of Johannesburg (South Africa, 2009)
MODULE 3 LRE132: Corruption Risks and Anti-Corruption Frameworks
Session 6: Corruption Risks in Trusts and Mortgages
● Misuse of trusts and concealment of beneficial ownership
● Recent disclosure requirements
● Case Study: Gillian Kasempa Mutinta v New Future Financial Company Ltd & Others (SCZ Appeal No. 08/2023)
Session 7: Anti-Corruption Legal and Institutional Frameworks
● Zambian Laws:
▪ Anti-Corruption Commission Act No. 3 of 2012
▪ Public Procurement Act No. 8 of 2020
▪ Prohibition and Prevention of Money Laundering Act
● Institutions: ACC, DEC, Auditor General
● International Instruments:
▪ UNCAC
▪ AU Convention
▪ SADC Protocols
● Case Law:
▪ ACC v Mwila & Another (2010)
▪ People v Kalumba (2001)
MODULE 4 LRE142: Investigation, Prosecution, and Reform
Session 8: Investigating and Prosecuting Land and Estate Corruption
● Investigation tools:
▪ Search warrants
▪ Property tracing and forfeiture
● Evidentiary issues:
▪ Forged documents
▪ Inconsistent registry data
▪ Witness credibility
● Professional ethics: Legal Practitioners Act
● Key Cases:
▪ DPP v Chiluba (2007)
▪ Republic v Bwalya (2020)
Session 9: Practical Exercises and Simulations
● Drafting a valid will
● Simulated probate and inheritance dispute under Cap. 59, Section 5
● Forensic detection of forged land documents
● Simulated Cases:
▪ Estate of Tshabalala v Minister of Lands (Eswatini)
▪ Moyo v Moyo (Zimbabwe)
Session 10: Policy Dialogue and Reform
● Review of:
▪ National Land Policy (2021)
▪ Draft Customary Land Administration Bill
Reform areas:
▪ Strengthening local/customary dispute resolution
▪ Digitization of land registries
▪ Cross-border inheritance frameworks in SADC
● Recommendations:
▪ Curriculum reform in legal training
▪ Institutional capacity building for traditional leaders and public agencies