Malawi’s Supreme Court orders villagers to vacate land
The Supreme Court of Malawi has dismissed a case in which some residents around Choma Livestock Centre in Mzuzu were challenging a High Court decision to give 128 hectares of land they occupy to Moffat Kumwenda.
The villagers, Sandy Mwale and 45 others, who dragged Kumwenda to court, were locked in an 11-year land wrangle with Anita Kumwenda whose husband Moffat bought the land from Privatisation Commission before he died.
The High Court in the northern Malawi city of Mzuzu on August 26 2010 ruled in favour of Kumwenda; hence, the people were asked to vacate the land whereas sheriffs set their houses and other property on fire on May 25 2011.
But the villagers asked the Supreme Court to review the case and sought an injunction restraining the effecting of the High Court order. The Supreme Court gave a stay order on June 13 2011 until the matter was reviewed.
However, a recent Supreme Court order has maintained the High Court judgement as the appellants did not file documents for appeal.
Meanwhile, sheriffs have ordered the villagers to vacate the land by October 13 2012.
Sandy Mwale on Thursday said 64 families will be affected if they are finally evicted.
According to Mwale, the Supreme Court dismissed the case because they had no representation after their lawyer left the country for further studies. The group has since petitioned People’s Party (PP) treasurer general Harry Mkandawire, asking for President Joyce Banda’s intervention.
