City land encroachers distort urban planning
Malawi’s four cities are under siege. Swathes of public land—reserved for roads, schools, health facilities, forests and other infrastructure—are being encroached upon with impunity, distorting urban plans and threatening the future of urban development.
The Nation’s investigation in Blantyre, Lilongwe, Zomba and Mzuzu has established that rapid urbanisation, weak enforcement, corruption and protracted legal battles are driving the crisis, derailing planned activities.

For example, in Lilongwe, the capital’s Urban Structure Plan provided for an eastern bypass to link Bunda Turn-off to Chidzanja Road, Area 43, Kanengo and Kamuzu International Airport. A western bypass was also designed to connect Bunda Turn-off to Area 25 and the airport.
Both projects are now stuck. Encroachers have already developed parts of the reserved road corridors with more on the way.
The Lilongwe plan also provided that major roads should carry between 9 000 and 12 000 vehicles daily. Today, some key roads carry about 14 000 vehicles a day, worsening congestion during peak hours, according to the city’s authorities.
City planners say the encroachments violate the Physical Planning Act, 2016 as amended by the Land (Amendment) Act, 2022, which mandates city councils to control development, enforce zoning and preserve land reserved in approved structure plans.
Under the amended Act, councils now have stronger powers to issue stop orders, demolish illegal structures and penalise offenders.
But the reforms have not slowed the crisis.
In Blantyre, the battle over Ndirande Forest Reserve lays bare the conflict between conservation and demand for settlement.
During a visit to the steep slopes, The Nation found rows of modern houses clinging to the protected hillside. Fresh piles of burnt bricks, river sand and quarry stone line narrow footpaths as builders race to complete homes despite an eviction order.
Group village head Somanje-Makata said the communities will not leave.
“Cities and forests did not have land here, it was donated to them by our parents. But for over 30 years, nothing has grown in the forest apart from maize and other crops. This is why we are giving this land to people because it does not make sense that people do not have where to live while we have land that is idle,” he said.
Blantyre City Council director of legal services Mphatso Matandika said enforcing planning laws has become difficult due to political interference, disputes with traditional leaders and lengthy court processes. He cited legal battles in Soche and Bangwe hills that have delayed efforts to reclaim land.
Former Blantyre City mayor Noel Chalamanda warned that continued encroachment risks turning the commercial city into a sprawl of unplanned settlements, flooding, poor sanitation and inadequate space for public services.
He said cases of continued encroachment could force authorities to spend more resources relocating communities and compensating affected residents when development projects are eventually implemented.
In Mzuzu, encroachment has spread into the Lunyangwa watershed, school grounds, forest reserves and protected dambos, according to council spokesperson Macdonald Gondwe.
On the other hand, in Zomba, the council estimates that 70 percent of public land has been encroached.
The council’s spokesperson Aubrey Mthyola said the council is now pursuing regularisation and planning interventions in established settlements to manage existing developments while enforcing procedures for future ones.
In Lilongwe, council spokesperson Kate Chinthu said the council is battling encroachment on public land, including Admarc land in Area 1 and Wakawaka in Area 38. Some cases remain in court, she said.
Experts say the crisis exposes failures in implementing the 2022 land law reforms.
Under the Land Act, 2016 as amended by the Land (Amendment) Act, 2022 and the Customary Land Act, 2016 as amended, all public land is vested in the President and managed by the Commissioner for Lands.
City councils administer land within city boundaries through leases, but conversion of customary land and allocation of public land must now be done with greater transparency, public participation and approval from Land Committees.
The 2022 amendments also introduced stiffer penalties for illegal allocation and occupation of land, and clarified the role of the Land Tribunal and courts in resolving disputes.
Property development and management expert Geoff Wawawanya blamed corruption and indiscriminate court injunctions for undermining enforcement.
“The courts are not helping the country. Let the courts look at what is reasonable before issuing injunctions. Someone says his or her rights were violated because their building has been demolished, yet they are the ones who violated the laws,” he said.
Malawi Local Government Association executive director Hadrod Mkandawire said weak enforcement emboldens more encroachment.
“When these people encroach onto public land, weak enforcement of the law to evict them motivates others to do the same,” he said.
Mkandawire urged councils to work with the Ministry of Lands and Malawi Housing Corporation to strengthen enforcement and accelerate the development of secondary cities.
But others say enforcement alone will not solve the problem.
Chalamanda, who is also a lawyer, said authorities have focused on plot allocation instead of delivering affordable housing for low-income earners.
Engineer Washington Chimuzu, chief executive of Eris Properties, said pressure on public land is directly linked to shortages of housing and land, compounded by rapid urbanisation and population growth.
“There are a number of challenges facing the housing sector in Malawi, across all cities and even the urban areas. This is compounded by the shortage of land, shortage of housing, but also at the same time rapid urbanisation and population growth,” he said.
Chimuzu said Malawi should maximise existing urban land through solutions such as sectional titles, which allow multiple owners in one building. He also cited high construction costs, driven by imported materials, as a barrier.
Wawawanya said government should revive satellite towns and rural growth centres to reduce migration to major cities—a concept introduced during the Kamuzu Banda administration to create economic opportunities outside cities.
The pressure on land is being worsened by alleged irregular allocations.
The Nation this week quoted a draft Ministry of Lands pilot land ownership audit report in Lilongwe that identified potential financial risk of more than K800 million.
Conducted in Areas 3 and 10, the audit implicated former and current senior government officials, including Cabinet ministers, judges, MPs, senior civil servants and some foreign nationals.
In February, the Ministry of Lands, Housing and Urban Development launched a two-month land ownership audit to update records after irregular landholders failed to provide information during a 14-day voluntary window. The audit is being conducted under powers provided in the amended land laws.



