Malawi National Land Policy - Mokoro

Ministry of Lands Page 32
on the use, location of the land, and the intrinsic quality of the land
itself.
4.17 Regulations Guiding the Disposition of Customary Land
4.17.1 In a growing market economy, the value of real property will be determined under
open market conditions. However, customary tenure, in the past, sought to preserve the
community’s land assets by discouraging sales. Dispositions through the property market
occur mostly in the main cities of Blantyre and Lilongwe with minor compliments from
Mzuzu and Zomba where freehold and leasehold tenure predominates.
(a) To accommodate the requirements of Malawi’s growing market
economy, the Government will take steps to redefine private ownership
and disposition of customary land in culturally specific terms.
(b) To be effective in encouraging land market transactions, communal
property regimes will be encouraged to change to accommodate
principles necessary for recognizing the exclusive property rights of
groups as well as individuals.
(c) Customary property boundaries shall be demarcated and ownership of
interest defined to effectively lower the time and cost required to
complete customary land transactions.
(d) Formal records of customary land transactions shall be maintained to
ensure transparency and accountability.
4.18 Regulation of Customary Land Transactions
4.18.1 Malawi is moving quickly to transform its predominantly communal subsistence
economy to a market driven economy based on private property and free enterprise. This
exposes most rural families and small holders to the risk of loss by sale and racketeering by
unscrupulous persons and real estate agents. In recent times, market driven liquidation of
leasehold estates by sale have increased rapidly in rural areas. The bulk of such auctions have
occurred in the South and Central regions, although sales in the area around Kasungu are also
on the rise.
4.18.2 To protect against the potential loss of customary land by small holders and other
vulnerable groups ignorant of their property rights, the Government will assert the following
regulations to protect against fraudulent transactions involving customary land:
(a) Any disposition of customary land, however construed, effectively
transfers only the registered usufructuary right of the grantor and cannot
transfer the residual property interest vested in the community.
http://www.malawi.gov.mw/lands/landpol.htm 29/03/2005 15:23:13