Malawi National Land Policy - Mokoro

Ministry of Lands Page 46
(b) The administration of existing leaseholds may include the collection
and disbursement of ground rent and the enforcement of all covenants.
(c) Lease management will also allow local governments and TA’s to use
their discretion in determining whether to create and/or renew leaseholds,
reassign leases or to revoke and return estates to customary owners for
redistribution.
(d) A comprehensive program to compile and reorganize leasehold
records and all supporting documents by location and according to the
Traditional Authority will be commissioned to prepare the records for
transfer to their eventual District Land Registry Offices.
(e) Enabling legislation to allow Local Assemblies to administer and or
enforce land policy will be enacted before any of the provisions of this
policy is implemented.
(f) The devolution of some authority for implementing land policy to
Local Assemblies will not in anyway reduce the central government’s
statutory responsibility for overall land policy administration.
5.16 Land Administration Capacity Development
5.16.1 Due to the acute shortage of trained and experienced land administration personnel
and the poor state of equipment and physical facilities at all the regional land offices, a
study to assess the personnel and equipment needs will be undertaken as a precondition
for implementing this policy. Funding will be sought to accelerate the construction,
staffing and operation of the Regional and District Land Registries, which will also serve
as repositories for all Traditional Authority land records. Once completed, the final
devolution of leasehold administration to District Assemblies will be completed.
5.17 Policy on Land Redistribution and Resettlement
5.17.1 An appropriate policy and institutional environment is required to motivate long-term
solutions for relieving land pressure in Malawi. Because smallholders grow nearly 100 percent
of Malawi’s subsistence food crops, they virtually guarantee the country’s food security.
However, in a modern and diversified economy, it is not necessary or feasible for every person
to derive his/her livelihood from the land. Instead, the preferred long-term policy solution to the
dwindling supply of arable land is to encourage investment in improved agricultural
technology, non-farm employment and production enhancing investments in the farm sector.
In recognition of the critical role of the smallholder agricultural sector to the
economy, the policy will ensure that:
(a) The smallholder sector is guaranteed security of tenure by granting title
to customary landholdings to encourage long-term improvements in
agricultural productivity;
http://www.malawi.gov.mw/lands/landpol.htm 29/03/2005 15:23:13