77 evicted families file K800m claim

Malawi Government faces a claim of K800 million for alleged unfair eviction of 59 families at Lusangazi in Mzuzu and 18 households in Mzimba to pave the way for various development projects.

The natives claim that the compensation they received was low while some allege they did not receive anything.

Private practice lawyer Victor Gondwe, who is pursuing the matter pro-bono, in an interview yesterday said a land valuer was sidelined in the process.

He said government dictated the process and that no appropriate compensation or valuation was undertaken besides there being no provision for relocation of the residents.

Gondwe said they have since received financial support from the Southern Africa Litigation Centre (Salc) to finance the imminent strategic litigation should government, through the Attorney General (AG) and Malawi Housing Corporation (MHC), fail to respond to the matter.

He said the three-month deadline they gave AG Thabo Chakaka Nyirenda in January 2024 elapsed and, ideally, they should have had a response by April.

Gondwe said to date there is no formal response from the AG and they are still within their rights to commence legal action.

On MHC, he said the independent valuation report was submitted to the corporation and officials committed to resolving the matter outside court.

Said Gondwe: “We will continue engaging the government and I strongly believe these are matters which require the government to settle. Within the next few months we should be able to [initiate] a court process if we do not register a response. Even if the AG or MHC do not respond, that does not mean the matter ends there.”

He further said apart from the monetary aspect, the matter also hinges on compliance with land laws and adherence to human rights.

In 2015, government evicted 18 families from the land in the area of group village head Chisuse Nyirenda in Mzimba to pave the way for the construction of Inkosi M’mbelwa University, formerly Mombera University.

The evictees’ report shows that the 18 families from Mzimba want K25 million for their forfeited properties and K8.5 million for plants, including fruit trees.

On the other hand, the 59 families from Lusangazi claim that when their land was taken in 2016, there was no valuation and that some of them were forced to receive meagre compensation from MHC.

They also engaged an independent land valuer who rounded up the estimate for their properties to K793 510 575 as of June 2023.

But in a telephone interview yesterday, MHC spokesperson Ernestina Lunguzi declined to comment.

Mercy Mhone, one of the women whose land was taken in May 2016 and claims to have received K253 000 in compensation, said they were approached by officers from various government agencies for data collection on the value of trees and plots.

She said apart from monetary compensation, they want the government to give them farmland and piped water.

Said Mhone: “They gave us K10 000 for each tree although other valuers told us that the value of one guava tree was K200 000 at the time. When we approached the then district commissioner [DC] the late Thomas Chirwa, on the compensation process, he said records indicated we did not have any land, but trees and crops only.”

But Mzimba DC Rodney Simwaka, in a written response, said all due compensation processes were followed and that a valuation report was also shared with his office.

“All processes were undertaken. Ministry of Lands did the assessment. Disclosures, verification and then payments of compensation,” he said.

AG Chakaka Nyirenda did not respond to our questionnaire while Minister of Lands Deus Gumba and his Principal Secretary Davie Chilonga asked for more time to investigate the matter.

“These are 2015 issues as you put it. We would need ample time. Alternatively, you would ask those who were in offices by that time,” said Gumba.

According to Chapter 58 of the old Lands Acquisition and Compensation Act of 1970, some of the matters to be taken into consideration in assessing compensation for alienated land include the market value of the land or interest therein of the claimant at the valuation date.