Malawi National Land Policy - Mokoro

Ministry of Lands Page 16
Less national Parks, Forest and Game Reserves, 1.7 18
Land Available for Agriculture 7.7 82
Land Available for Smallholder Agriculture and Estates 7.7 100 82
Estimated land Under Estates 1.2 16 13
Land Available for Smallholders 6.5 84 69
2.1.4. According to the National Statistic Office (NSO), 55% of smallholder farmers have less
than 1 hectare of cultivable land, which does not meet their basic food needs. As a result, more
than half of the population lives below the poverty line of US$140 per capita income annually.
In absolute terms, the poverty of the country is predominantly rural and is reflected in the
below average social indicators. The illiteracy rate is about 56% for the overall population.
Malnutrition is widespread, and the child mortality rate at 238 per 1000 is among the highest in
the world.
2.1.5. Overall macroeconomic growth declined from 10.3% in 1998 to an average annual rate of
4.1% in 2000 and 2001 with the decline in the tobacco market. The smallholder sector, which
contributed over 43% of GDP, also accounts for 87% of the labor force, although its
productivity has fluctuated since 1981. For example, production declined by 3.1% in 1997, but
was followed first by strong average growth of about 12% in 1998 and 1999 and a sharp decline
to 3.5% in 2000 and 2001. Over the same period, the contribution of the estate sector saw a
steady increase as more and more land was converted to tobacco, tea, and sugar production.
Furthermore, Malawi’s economy has been plagued with a variety of problems. Periods of
severe drought have combined with high population growth and rising inflation to increase
Malawi’s dependence on international aid. To make matters worse, efforts to adjust the
structure of the economy by bringing administrative and fiscal discipline have also contributed
to cuts in social services and a decline in government expenditure in real terms.
2.1.6. This overall decline of real incomes has had the consequence of increasing poverty for
the majority of citizens. The smallholder sub-sector has also exacerbated the problems of under
investment by their reliance on primitive technology. These have resulted in serious
environmental degradation, especially deforestation, soil and habitat losses. In this setting,
understanding the evolution of land policy and the legal regime governing the country's land
resources is an important first step in the development of future land management strategies.
2.2 The Evolution of Land Law
2.2.1. The essence of colonial land policy in Malawi was to appropriate all land to the British
sovereign and to facilitate access by the settler community on the basis of private title. The
policy also redefined native rights strictly as "occupation rights" in order to discourage the
establishment of land rights equivalent to freehold or the concessions claimed by the settlers.
2.2.2. The presence of European settlers led to the passage of the Nyasaland Order in Council,
1902 and allowed the general application of English law supplemented by specific enactments
based on English property law. This clause remained the sole source of the substantive law of
http://www.malawi.gov.mw/lands/landpol.htm 29/03/2005 15:23:13