Malawi National Land Policy - Mokoro

Ministry of Lands Page 36
5.1 Land Administration
5.0 LAND ADMINISTRATION AND RESETTLEMENT
5.1.1 Land administration embraces such matters as the delivery of land rights, the
planning of land uses, demarcation and survey of land parcels, the registration and
maintenance of land information. It also includes conveyance, policies to facilitate
decisions on mortgages and investment, development management, property
valuation for assessment purposes and monitoring the environmental impact of all
land based activities.
5.2 Powers of Administration
5.2.1 There are a number of institutions and statutory agencies dealing with land resulting
sometimes in confusion over jurisdiction and inadequate policy intervention. For example, the
Ministry of Agriculture and Irrigation is primarily responsible for agriculture and the Ministry
of Water Development is responsible for harnessing water resources. Similarly, the Ministry of
Natural Resources and Environmental Affairs has a duty to manage forest resources, fisheries
and enforce environmental regulations. In urban areas, Local Assemblies and agencies such as
the Malawi Housing Corporation allocate and manage plots in areas under their control.
5.2.1 The fact that there are so many land sector agencies means their land stewardship duties
should be conducted in concert with the land policy objectives of the Ministry responsible for
lands.
To reduce if not to eliminate any administrative misconceptions, only one
Authority appointed by the President shall be responsible for land matters.
(a) The powers of administration delegated by the President to the
Minister responsible for land matters makes the Ministry of Lands and
Housing, the principal authority responsible for land administration in
Malawi.
(b) All other land sector institutions and agencies of the government are
functionally specific land based appendages and shall perform their
statutory duties in consonant with the policy objectives of the Ministry
responsible for lands.
5.3 Administration of Customary Lands
5.3.1 In practice, the allocation of rights to customary land is the responsibility of
Traditional leaders. To facilitate these allocative functions, Chiefs actually rely on clan
and family leaders to identify and actually allocate pieces of land to individuals and
households from land owned by that group. Once allocated, the family land is held and
managed in all respects as private property.
http://www.malawi.gov.mw/lands/landpol.htm 29/03/2005 15:23:13