Malawi National Land Policy - Mokoro

Ministry of Lands Page 44
(a) The exclusive authority of the Village Headperson for allocating land will end, and
(b) Within a registered customary estate direct allocations to family members would not
require registration unless the allocation is intended to be permanent of for investment
purposes.
(c) Finally, the traditional system resolves the principal-agent problem by appointing its
leader from the community. Headpersons and Chiefs are respected leaders from the
community and are expected to make prudent decision.
5.13.2 The proposed reforms are founded on the position that the existing traditional land
administration hierarchy should be formalized and made more accountable.
5.14 The functional and administrative role of Traditional Leaders
1. Land Administrative Role:
a. The new land policy affirms the role of a Chief as the administrative head of a Traditional
Authority, and by law authorized to allocate vacant traditional land, and to support land
administration functions delegated by customary law to Headpersons and family heads.
b. TAs will be required to register all land transactions occurring within their jurisdiction,
maintaining a Traditional Land Records Storage and Management system.
c. Chiefs and Headpersons are expected to monitor land transactions by granting Consent to
Transfer. They are required to assist the community in their land dealings.
2. Land Management Functions
a. Land has value and transaction values sometimes approximate market value. TAs will be
encouraged to establish estate management offices to collect and account for land revenue due
to the community from leases and royalties paid for the use of communal land.
b. To improve the welfare of the community, TAs will be expected to consult with the
communities on needs and priorities, and mobilizing community resources to provide
community infrastructure and services to improve the welfare of the community.
c. Chiefs and headmen will serve as agents of the government for
enforcing conservation and environmental regulations throughout
the Traditional Management Area.
3. Adjudication and Dispute Settlement
a. Preside over the Traditional Land Tribunal to adjudicate and settle disputes involving land,
property and inheritance.
b. Perform the duties of a Notary Public with regards to land transactions, wills and inheritance;
administer oath and civil justice in accordance with the customs and traditions of the area.
c. Create and maintain a Traditional Archive of historical and cultural artifacts to protect
cultural values, a sense of community and a communal social frame of reference.
http://www.malawi.gov.mw/lands/landpol.htm 29/03/2005 15:23:13