Large-Scale Land lnvestors concerned with land laws

Large-Scale Land Investors say there are many things that are not working to their advantage in the new land laws that became operational on July 1 2022.

A representative of the investors, Maureen Kachingwe, who is Illovo Sugar (Malawi) plc head of legal services, said last week in Lilongwe that there are many things that need to be discussed to reach common ground.

She said: “We are not satisfied because most of large-scale land investors, including the tea estates, sugar estates, rubber and macadamia estates and others still believe there should have been more room for discussion and maybe accommodating each other’s views.

“So, for as long as the laws are the way they are, most investors will feel that there are certain issues that probably needed more engagements.”

One of their concerns is the government’s requirement for investors to develop land within two years.

Clause Six of the Land Amended Act of 2022 mandates Malawi Investment and Trade Centre (Mitc) to withdraw any land granted for investment that has not been utilised for over two years.

But the Ministry of Lands deputy commissioner of lands Ephemia Botha said they are worried over large chunks of idle land and urged people to utilise such land.

“A lot of land is idle and it is our concern as government. People must utilise the land.

“They are given a period within which to develop the land and if they do not, it means they are not following the regulations and the conditions. There are penalties to that and land can be re-entered if it is not utilised,” he said.

Meanwhile, Oxfam in Malawi has partnered Malawi Confederation of Chambers of Commerce and Industry (MCCCI) on a project that is looking at large-scale land-based investments where they want to advocate for responsible and inclusive investments.

Oxfam in Malawi country director Lingalireni Mihowa, in an interview, expressed hope that the Ministry of Lands will look at what they can do to address some of the concerns raised by Large-Scale Land Investors, a multi-stakeholder platform formed in 2019 by MCCCI.

He said: “The Large-Scale Land Investors wish there were more consultations. The fact that after the laws were passed and people are still in dilemma over certain areas, means that government could have done more consultations.

“There are concerns over idle land, for instance, and we hope the ministry will look at what else they can do.”

Malawi Investment and Trade Centre (Mitc) director of planning and research Felix Kadewere said they look at how the investor will contribute to job and wealth creation and value addition as the country is looking at export-based investments, among other things, before they allocate land.

He said when applying for land at Mitc, investors are required to state their capital, give a project brief, proposed funding method and indicate whether the land will be used for agriculture or industrial purposes.

In her remarks, MCCCI director of business environment and policy advocacy Madalitso Kazembe said they are hopeful that land regulations currently in draft form will be discussed with the Large-Scale Land Investors before they are effected.

Some of the concerns raised by the investors include slow progress, which often affects progress to develop the land, which is something that they do not have control over.

They cited, for instance, that it takes long for the Electricity Supply Corporation of Malawi to honour connection applications made by both individuals and investors and even environmental impact assessments on the part of government, developments which affect investors’ efforts to develop land within the stipulated two years.