Chiefs, MBC in land scrum

Disagreements have ensued between Malawi Broadcasting Corporation (MBC) and chiefs around Bangula in Nsanje and Ekwendeni in Mzimba over the public broadcaster’s plans to sell part of its land there.

The chiefs argue that MBC, as a public service delivery entity, has no moral grounds to sell the land it was offered for free during the one-party rule of the Malawi Congress Party (MCP).

Instead, the traditional leaders are demanding that MBC should surrender the land to them for their subjects to farm on.

But the parastatal, while confirming the wrangle, laughed off the chiefs’ claims, arguing that it legally owns the land and has the necessary papers.

MBC started selling its land last year through an open tender for private development. The targeted land is where MBC transmission sites and institutional structures are located.

Besides Mzimba and Nsanje, MBC is also selling several hectares of its land in Nkhotakota, Lilongwe, Chitipa, Mangochi, Mzimba (Lusangazi in Mzuzu) and Blantyre (Ngumbe).

At Ngumbe transmission site, the land was demarcated into plots which, according to MBC director general George Kasakula, have now all been sold.

Some of the chiefs have since written MBC expressing their disapproval to have the land sold to private developers.

 According to open tender numbers MBC/NCB/PLOTS/DISP/ADMIN/02/2023 and MBC/NCB/PLOTS/DISP/ADMIN/03/2023, MBC is selling the land because it has advanced technology, which has rendered the transmission obsolete hence the decision to dispose of developed plots and dwelling houses.

 In an interview, Inkosi Mtwalo of Mzimba confirmed that the chiefs were against MBC’s plans to sell the land because it was offered for a specific purpose.

According to Inkosi Mtwalo, some of the chiefs include Inkosana Lazaro Jere and group village heads(GVH) Mthakapoli Longwe and Chithamthumba, who are around Ekwendeni Transmission Site.

 He said: “I have not personally talked to MBC. But the chiefs have genuine reasons. They offered MBC the land free of charge because it had a specific purpose to serve the community.

 “Now, if MBC feels it no longer needs that land, the best way is to surrender it the same way it got the land. We cannot allow MBC to sell the land for monetary reward because that was not the reason the chiefs offered the land for.”

 But Kasakula said the chiefs were advancing a case which is not logical, because the institution got the land from government before leasing it.

 He said there was nothing wrong in what MBCwas undertaking because, being a public asset, they are following all necessary procedures, and got permission from relevant authorities before embarking on the exercise.

“Some chiefs from Nsanje and Ekwendeni in Mzimba, indeed, wrote my office querying our decision. But we are dealing with the matter. We sent our teams to discuss with the chiefs in Nsanje about the background and legality of the land and the matter is resolved.”

Kasakula further explained: “As for Ekwendeni, at some point we will also dispatch a team to engage with the chiefs and map the way forward… There is nothing wrong because we are working with Ministry of Lands as well as other relevant government entities.”

But GVH Jambo of Nsanje said the matter was yet to be resolved because MBC management was yet to respond to their letter expressing their displeasure with the move taken.

GVH Jambo confirmed meeting MBC representatives where they made their case clear that they will allow the broadcaster to sell the fenced land while the rest should be used by communities displaced by floods.

“The fact that our letter has not been responded to means the matter has not been resolved. We gave them that land for free and we don’t see justification why they should now sell it. We have dispossessed communities who need such land,” explained Jambo.

Ministry of Lands Principal Secretary Davie Chilonga while referring Weekend Nation to Kasakula, said his ministry was aware of the matter.

He said: “It is capable to own and it has improvements on it. We understand that MBC intends to sell properties/improvements not necessarily land only. But check with the DG for more details.”

 Land law expert Ahmed Mussa said MBC obtained rights over the land the moment the chiefs offered it.

 “Such rights were confirmed when MBC registered such land and obtained title deeds. At law, MBC are the owners of the land and have rights over it.

“Such rights include the right to sell. They are at liberty to dispose of such land as they intend. Perhaps, morally the chiefs are right but legally MBC has a better case,” he said

But Mussa advised MBC and the chiefs to mediate and find common ground, saying matters that can easily be dealt with by dialogue and should not be quick to litigate and be confrontational.

Land management expert Timothy Chirwa, in a separate interview, also said if MBC has the documentation of ownership, then the chiefs’ case falls off.

He said: “Property right to land is one of the most dominant natural resources available to people. That is why those chiefs are tussling with MBC.

“But, legally, the chiefs have no case to argue against the institution. However, it is an issue which MBC needs to tread carefully because land matters are very sensitive. That is why time and again villagers in most parts of the country engage in battles.”

According to Kasakula, MBC board and management have strategic reasons for selling the land, because they no longer need most of it.

Among others, he said they decided to sell the land to pay off some legacy debts in pension and taxes amounting to about K8 billionas well as re-invest part of the money in new technology.

The director general said the institution estimates to raise between K6 billion and K7 billion from the exercise.

“Strategically, MBC does not need most of that land because when it was being obtained, the reason was to plant medium wave [MW], short wave [SW] and AM transmitters which, with change in technology, were all shut down as such we don’t need such vast land,” said Kasakula.

He also said the decision was necessitated by serious encroachment in districts such as Karonga and Mangochi.

For instance, in 2021 some businesspeople in Karonga encroached on MBC land where they constructed shops claiming they bought the land from Karonga District Council from as early as 2014.

A survey by our sister newspaper The Nation then revealed that some of the said pieces of land had beacons while some people has also title deeds.

Former Karonga district commissioner (DC) Paul Kalilombe, while faulting the developers, told The Nation that he was yet to receive any complaint from MBC.

 He said: “Land encroachment is as good as trespassing on an illegal land and MBC should complain officially through the courts or my office.

“My office will also investigate the matter through the Department of Lands on how they sold that land because it is not suitable for construction of shops.”