Ministry of Lands has warned plot owners to adhere to Land Acts, saying it will soon start demolishing structures developed in public land especially in major cities.
Secretary for Lands Davie Chilonga said in a statement it has noted with serious concern the tendency of some individuals who are occupying and developing public land without authorisation.
The practice, Chilonga said, is rampant in Lilongwe city, particularly in Areas 10, 12, 43, 46, and 47 where some developers have extended their plots by occupying and developing in Dambo areas and within tree belts without authorisation.
He said: “Section 20 of the Land Act says that a person who uses or occupies any public land and is not entitled to such use or occupation by virtue of valid grant, lease or other disposition made by the minister commits an offence.
“Section 54 of the Physical Planning Act says that any person who subdivides land or enters into a subdivision agreement or commences development without grant of development permission where it is required commits an offence.”
The two laws state that upon conviction of the said offences a person shall be liable to a fine of K500 000 and to imprisonment for up to three years.
According to the ministry, the statement serves as the final notice of impending enforcement action by the ministry and local government authorities on any unauthorised developments.
“To this effect, the ministry would like to inform the general public that local councils will be supported to stop and/ or demolish any developments taking place in unplanned areas in contravention of the relevant pieces of legislation,” it says.
In an interview, the Malawi Institute of Physical Planners Association president Gilbert Chilinde attributed the rising cases of illegal structures to lack of awareness on land laws.
“Many people are not aware about the land laws because people expect lawyers to know the law and not them but everyone is called to read the law on every aspect of their concern and endeavor to learn and apply.
“Much as the land laws have been taken to the people, there are still gaps which require covering,” Chilinde said.
He has since suggested that the ministry should consider embarking on a sensitisation campaign by reaching out to people not only in the villages as it is seen that even the learned in the cities lack this knowledge.
In a separate interview, a physical planning expert Alinane Chopi said apart from sensitisation there is need for authorities to clearly indicate planning signs like beacons to deter potential occupiers and developers.
“In most areas idle land is being occupied by the communities so the experience shows that it is important for local councils to develop the public land to avoid such cases,” Chopi said.
This comes a few months after land developers in Tsoka, Area 43 in Lilongwe accused Malawi Housing Corporation (MHC) and Malawi Defence Force of grabbing their land and demolishing structures, respectively.
The developers claimed they acquired the land which was customary a decade ago from communities only to be shocked by MHC’s decision this year.
But MHC spokesperson Enestina Lunguzi said the corporation owns the land and the erected structures were illegal; hence, the decision to demolish them.
