Malawi National Land Policy - Mokoro

Ministry of Lands Page 20
rights of access to land and their kinsmen. Thus the existence of "international" boundaries and
territoriality is often ignored.
3.1.10. Encroachment onto Conservation and Protected Areas: The fact that the creation
of some National Parks and Protected areas involved the displacement of entire villages,
some of which were forced to move into valleys and uncultivable areas remains a source of
grievance making some parks and protected areas vulnerable to encroachment.
3.1.11. Uncontrolled Allocation of Lakeshore Land: Particularly prone to illegal
development is the lakeshore, which has from time immemorial been under the jurisdiction of
Traditional Authorities. In the recent rush by individuals and corporations to erect private
leisure cottages and hotels, planning and development problems have gone unchecked.
The Government is convinced that:
(a) Since land scarcity, whether actual or perceived, can have serious
implications for land tenure and land relations, the underlying causes and
consequences of tenure insecurity will be addressed by strategies that
provide access and security of tenure to citizens with the ability and
resources to make productive and environmentally sustainable investment in
land.
(b) In view of the steadily increasing pressure on land, this policy will be
implemented to ensure security of tenure, peaceful co-existence, growthoriented
investments, and planned utilization of land.
(c) The Government will through community-based land acquisition and
land development programs ease growing land pressure in areas especially
prone to conflicts. A realistic program of population management and family
planning will be necessary as an additional strategy for easing those
problems
(d) Respect for the law and protection of the integrity of accrued property
rights is important for establishing a stable land tenure system. The
constitutional protection of private property rights and due process of law
will be applied to protect investments and production factors tied to land.
These principles are fundamental to the maintenance of social harmony and
democratic values in Malawi.
4.0 LAND TENURE REFORMS, ACQUISITION AND DISPOSITION
4.1 Sovereign Right of Land Ownership
4.1.1. The Government affirms that, the welfare and development objectives of the nation
can best be achieved within a system of private ownership of interest and participatory
governance. Consequently, the radical title to all land in Malawi, irrespective of land
tenure regime, will continue to vest in the state, traditional authorities and in some cases
http://www.malawi.gov.mw/lands/landpol.htm 29/03/2005 15:23:13