Malawi National Land Policy - Mokoro

Ministry of Lands Page 40
responsibilities of traditional leaders in land matters. This study that involved all major ethnic
groups in the country concluded that, although the customary tenure system has changed
fundamentally to emphasize individual family rights, the concept of community and the
supervisory authority of traditional leaders remain strong.
5.7.2 Normally, Family Heads and Clan leaders of long established families and/or clan
landholders are entitled to make individual land allocations. Only when large, extensive and
contiguous amounts of customary land are required would the allocation require the decision of
a group of traditional leaders.
Traditional Leaders, in the context of this Land Policy, refers to the entire
hierarchy of administrators starting from the lowest unit for allocating
land, the Family Head, and rising through to the Paramount Chief.
(a) Village lands are administered in units represented by Family
heads, Clan Leaders, Village Headpersons and Group Village
Headpersons.
(b) Traditional land administration involves parcels managed by
the Chief of a Traditional Land Management Area.
(c) The land allocating jurisdiction of the hierarchy of traditional
leaders coincides with the politically recognized Traditional
Authority system in Malawi.
5.7.3 The traditional allocation system ensures that everyone has a piece of land. CLUS found
that 90% of rural households own their land. Of those who have land, 80% inherited the land
directly from their parents, 16% were allocated virgin land by the village Headperson and less
than 1% purchased the land. Only 3% of rural households were found to be completely
landless.
5.7.4 There is no doubt therefore, that the customary allocation system is egalitarian in the
sense of assuring direct grants of land to members. This egalitarianism only applies to ethnically
related members of the community and others who have settled permanently in the community.
The system seriously discriminates against outsiders and does not encourage internal migration
to relieve land pressure. Non-members are only permitted to lease land under customary
tenancy arrangements that clearly ensures the right of repossession or reversion to the
landowners.
5.7.5 Furthermore, the system of inheritance encourages the fragmentation of family holdings.
A substantial number of people regularly resort to renting land for cultivation due to land
shortages and in situations where fragmented holding have become too small to support viable
agricultural enterprise.
(a) The Government will preserve the land administration and policy
monitoring responsibilities of traditional leaders and will encourage
http://www.malawi.gov.mw/lands/landpol.htm 29/03/2005 15:23:13