Malawi National Land Policy - Mokoro

Ministry of Lands Page 38
(b) To safeguard the interest of customary land holders, and to allow time
for the new statutory rights to be fully understood by rural land holders,
provision shall be made to prohibit the sale of land to persons other than
members of the lineage group in the first five years following the
establishment of a private customary estate.
(c) State and international assistance will be sought for a gradual and
demand driven surveying of rural and peri-urban land and the
establishment of District Land Registries to facilitate all land
transactions.
5.5 Formalizing Traditional Land Administration
5.5.1 Under the Government program to formalize traditional land administration, the
following actions will also be instituted:
(a) All transactions involving customary land will be required by law to
be recorded by a Land Clerk in a "Traditional Land Index" to cultivate
the habit of recording customary land transactions.
(b) A procedure for the registration of transactions involving customary
estates shall be developed and made compatible with provisions dealing
with formal Registration of Interests in Land as stipulated by law.
(c) A carefully structured training program on Customary Land
Administration and Customary Land Records Management shall be
developed for training Chiefs and Headpersons, and for certifying
Traditional Land Clerks.
5.5.2 To facilitate Customary Land Administration Reforms and the protection of private and
community land rights, a civic education program for the general public on the principles of
trusteeship, the principles of ownership, and concepts of private property law and contracts
shall be provided. This program will constitute an essential policy implementation requirement
to ensure that the new concepts of property are introduced uniformly and well understood
generally by all citizens.
5.6 Policy on Direct Allocations of Customary Land
5.6.1 It is the norm for indigenous citizens of a lineage group or persons belonging to a
traditional area to request and receive direct grants of customary land. There are circumstances
when Government land allocations are also made by direct grants to beneficiaries. Such
allocations become conclusive when registered. Unfortunately, most customary allocations and
land actually occupied by most government buildings and public parks have not been properly
demarcated or registered to provide conclusiveness to the transaction.
http://www.malawi.gov.mw/lands/landpol.htm 29/03/2005 15:23:13