Malawi’s 2022 Land Laws were supposed to be the “sheriff in town,” ending the illegal sale of customary and vacant lands. Yet, three years later, the “Wild West” of land transactions is still very much alive.
Despite clear prohibitions, the black market for land is booming, leaving traditional leaders and experts wondering if the law is merely a paper tiger.
selling land. | Nation
A legacy under siege
At the heart of the crisis are Section 9B of the Land (Amendment) Act and Section 28(1) of the Customary Land Act. 9B states that “No person shall sell vacant leasehold or freehold land.” On the other hand, 28 (1) says: “A customary estate shall not be sold.”
The enacted laws continue in subsection (2) clarifying that while a sale is prohibited, a “customary estate granted to a person or family unit may be leased only with the written approval of a land committee and Traditional Authority in whose jurisdiction the land is situated.”
These laws aren’t just red tape; they are designed to protect the country’s heritage, ensuring customary land remains within families for generations.
Approximately 6.2 million hectares out of around 9.4 million hectares is categorised as customary land in Malawi supporting the vast majority of smallholder agriculture and rural livelihoods. The rampant sales are fuelling landlessness among poor rural farmers. The laws were enacted to curtail this.
But while chiefs are aware of these statutes, the committees meant to enforce them have either not been formed or remain non-operational due to a lack of training.
Lhomwe Paramount Chief Kaduya whose jurisdiction over land issues, like all Traditional Authorities (T/As), is limited to where they operate as TAs, does not mince words regarding the local frustration.
“People are still selling land that should only be passed down through bloodlines,” she warns. Even more concerning is the “inside job” happening in some villages.
In an interview, Kaduya noted that some village heads and senior chiefs are actually facilitating these deals—paving the way for lodges and private schools on land that was never meant for the highest bidder.
When asked why she does not take to task subjects who continue to sell land despite the legal prohibition, she explained: “We were told land committees would be formed in our areas. Those committees are not yet in place, though all my chiefs are aware of the laws. I keep reminding them, but in the absence of the committees, enforcement is difficult.”
Chikwawa-based Chewa Paramount Chief Lundu echoes this sentiment, viewing customary land as a sacred inheritance. “I don’t allow it. It’s illegal,” he asserts. Yet, transactions continue behind his back, driven by a disregard for tradition and a hunger for quick cash.
Like other leaders, Lundu whose jurisdiction over land issues is limited to the area in Chikwawa District where he is also the T/A, attributed the failure to arraign subjects to a lack of training for land committees on how to properly enforce the law.
The systemic breakdown
Why is the law failing? According to Senior Chief Kalumbu of Lilongwe, the machinery of enforcement has stalled. The land tribunals and enforcement committees meant to police these deals are largely “ghost” entities—authorized by law but not yet operational.
Kalumbu said chiefs in his area still rely on old laws because, although land committees were formed, members have not been oriented on how to enforce the amended versions.
Chairperson for the Legal Affairs Committee of Parliament Gilbert Khonyongwa bemoaned the development saying the failure to enforce the laws undermines public confidence in legal and governance institutions thereby weakening the very fabric of the law.
“In the discharge of its constitutional mandate to provide oversight on the application, administration and effectiveness of laws, the Legal Affairs Committee has commenced engagements with key stakeholders, including the Ministry of Lands, to interrogate the gaps in implementation and to ensure institutional accountability.
“Where deficiencies are identified, appropriate legislative reforms will be proposed to close the existing gaps and to ensure that the law remains both effective and responsive,” he said.
Mubas land expert Sane Zuka points to a “perfect storm” of high demand and low supply:
lThe urban squeeze: As cities expand, the desperation for residential plots in the cities and outlying areas grows.
l Missing committees: Many areas still lack the customary land committees required by the 2016 Act.
l The “Shadow” Market: Without serviced plots available through official channels, buyers and sellers retreat into unregulated markets where the law cannot reach.
Corruption and the ‘Political Wall’
It isn’t just a lack of committees; it’s a lack of will. Another land expert, Loudon Luka, from Mzuzu University identifies a toxic mix of political interference, corruption, and deep-seated cultural attitudes that treat land as a personal ATM. While the Ministry of Lands has issued “stern warnings” and refused to register illegal deeds, Luka admits that without political backbone and actual resources, these warnings are easily ignored.
Government’s defence
The Ministry of Lands isn’t waving the white flag just yet. Spokesperson Stanley Butao Nkhondoyachepa insists the government is fighting back by:
l Training law enforcement on the criminal aspects of land deals.
lEstablishing a Real Estate Management Council to rein in rogue agents.
l Integrating planning authorities to stop illegal construction before it starts.
The bottom line
Malawi is at a crossroads. The 2022 amendments were a bold leap forward, but they are currently tripping over a lack of funding and political courage. Until the “tribunals” move from the statute books to the village squares, the country’s most precious resource remains up for grabs by anyone with enough cash and the right connections.
