Terminological Confusion in African Land Tenure
| DOI | http://doi.org/10.1002/j.1099-162X.1958.tb01166.x |
| Date | 01 July 1958 |
| Published date | 01 July 1958 |
Terminological
Corifusion
in African Land
Tenure
by C. M. N.
WHITE,
M.B.E.
Land Tenure
Officer,
Northern Rhodesia
WHEN
Ibegan the general survey
of
African
land
tenure in
Northern
Rhodesia,
I was struck by the confused terminology which was often encountered in dis-
cussions or in earlier
memoranda
on
the
subject. Since clarity in this respect is
obviously most
important
in descriptions of African systems of
land
tenure, it
seems worth while to
draw
attention
to some of these
uncertain
usages
of
terms,
with
illustrations, where needed,
drawn
from conditions in
Northern
Rhodesia.
Land Tenure
There
is considerable latitude in
what
various people imply by
land
tenure,
and
especially atendency to
treat
land
tenure
and
land
usage as interchangeable
expressions.
The
study of
land
tenure
must indeed cover a wide field if the full
implications of
land
tenure systems
are
to be appreciated,
and
investigations
must
take account of social structure, agricultural methods,
population
densities
and
economic factors affecting the use of land.
In
this sense one
may
say that
the
study of
land
tenure covers
the
relationship of
man
to soil in its widest
sense-a
definition in fact used already by Malinowski"
But the term also bears a
more
restricted sense of defining the methods by
which aperson acquires, holds, transfers or inherits land. Used in this sense a
description
ofa
system
ofland
tenure
is
an
analysis of
the
types of rights enjoyed
by individuals or groups over land.
The
ascertaining of these rights,
the
study of
their evolution
under
modern
conditions,
and
the reasons underlying any
changes taking place
are
one of
the
requirements of administrations in Africa
when
faced by
land
tenure problems.
Land
tenure
in this sense is
quite
distinct from
land
usage, if one understands
by
the
latter
term
the
ways in which individuals or groups use the
land
over
which they enjoy rights,
and
nothing
but
confusion
can
arise from treating the
two expressions as interchangeable.
Thus
in
the
Ngoni
area
of
the
Eastern Pro'
vince a
problem
has developed
due
to
the
combination
of
over-population
and
primitive methods of
husbandry
resulting in congestion
and
adecline in the
fertility of the soil.
The
carrying capacity of the
land
has been exceeded, and
if the
land
is to carry a
greater
population, achange to
better
methods of
husbandry
is essential. This is a not unfamiliar problem in parts of Africa, and
is essentially a
problem
of education in improved agriculture. No
doubt
there
are
often
attendant
evils found
with
it such as excessive sub-division and
fragmentation when
land
is scarce,
but
unless
the
basic problem
ｯｦｩｮｴｲｯ､ｵ･ｩｾｧ
improved agriculture is tackled, no
amount
of
innovations in
land
tenure will
arrest the
degradation
of the soil. Yet
not
long ago it was said
of
the
Ngoni
thal
uncontrolled resettlement is not
the
answer; if
the
existing system
of
Ian
tenure is
maintained,
the same problem will
recur
in the course
of
time.
This
is a clear example in my submission of confused terminology for the
opinion
quoted
could only properly
make
sense
if
land
usage were substituted
---------------------------------'
1
Coral
Gardens
and
their
Magic.
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