Lawyer launches book on land reforms in Malawi

Renowned lawyer Dr Chikosa Silungwe last week launched his book on land reforms tilted ‘Law, land reform and responsibilisation: A perspective from Malawi’s land question, a culmination of ideas that he has shaped and re–shaped over the last 15 years from an eviction case that he worked on.

Chikosa Silunge:Land reform

Chikosa Silunge:Land reform

Speaking during the launch of the book at Sunbird Capital Hotel in Lilongwe, Silungwe recalled that when he was a junior lawyer he did an eviction case where his client sought to remove some people who had stayed on his land apparently without his consent for several years.

“I did the court papers and as advised by my senior at the time, I duly described the defendants as ‘Persons Unknown’. But a seed had been planted in me. From then onwards, I sought to understand land relations in Malawi a little more deeply,” said Dr Silungwe.

He said beyond the personal academic pursuit, he has been motivated over the years to work on land law and policy as his humble contribution to the knowledge economy.

“Malawi has been independent for the last 51 years now. However, there has been no peer–reviewed book on land law and policy in Malawi. The book we are launching today is the first of its kind and I hope that it sets the pace for many more to come.”

“We do not have another country we shall call home. Malawi is our home. We are the folks who will develop the knowledge economy of this our beloved country. We should not let others write our story. We must write our story,” said Dr Silungwe.

He said the book is a comprehensive law and policy analysis of land reform in Malawi which has had at least eight cycles of land reform since the advent of colonialism.

He cited key markers as the period from 1889 to 1891 when the British laid claim to sovereignty over the territory that was then called British Central Africa, and then Nyasaland and also the Certificates of Claim of 1902 issued by the Governor of Nyasaland to white estate owners predominantly in the Shire Highlands of southern Malawi.

The others are the successive Orders–in–Council between 1936 and 1949; the Nyasaland Protectorate (African Trust Land) Order–in–Council, 1950 and the Land Ordinance, 1951; the reforms of 1965 to 1967 leading to the present shape of land laws in the country.

The others are also the reforms of 1995 to 2002 which included, among others, the Presidential Commission of Inquiry on Land Reform and the National Land Policy of 2002; the land law reform cycle that has led to the development of the eleven public Bills on land related matters that are presently before the National Assembly; and, finally, the nascent cycle that has emerged with the formulation and implementation of the Green Belt Initiative.

“The main argument in the book is that a proactive, people–based, triangulated approach premised on law and policy in the political economy provides a suitable platform to resolving a land question in a country,” said Dr Silungwe.

He said among his key findings, land redistribution alone will not resolve the land question in the country.

“On the basis of 1 hectare per household and in the context of the current population density and population growth figures, there will be no land to redistribute by 2018,” noted Dr Silungwe.

“A land reform that meaningfully confronts a land question in a country must not put law ahead of everything else; rather it must locate law in the political economy. Law reform is important. But law reform without anything else is vain,” he said.

 

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Kareem Longwe
Guest
Kareem Longwe
7 months 21 days ago

To me this book is a tool that set the ball rolling in a way we deal with land issues in Malawi. Realistically talking if we don’t take an action now in 10 years our children will not even have a land where to plant a corn. Big up Dr Silungwe

Mwamudioma
Guest
Mwamudioma
7 months 21 days ago

What does kukwatira or kusakwatira kwa Dr Silungwe got to do with the book he has written. I know Chikosa personaly. He is down to earth man who will not hurt even a fly. Very learned and lets respect him as such. Walemba book thats the point zinazo zilibe ntchito. Pse Malawians get a life and stop poking your noses into other peoples private lives. Well done Chikosa.

ken chiswe
Guest
ken chiswe
7 months 21 days ago

Writing books of this type helps the country, not useless things like poems

2016 welcome
Guest
2016 welcome
7 months 21 days ago
@1, could you for once see things not through a tribalistic eye. People like you are creators of hate. Interestingly, it’s people like you who are tribalistically vocal but personally low achievers . You remind me of a colleague in college who used to brag about being from the so called intelligent tribe yet at individual level he was every semester sitting for supplementary exam. In fact he repeated a year. Look, here you want us believe that everyone from the north is a Tumbuka and yet in some situations you try to oppose the same.
Only Truths
Guest
Only Truths
7 months 21 days ago

Totally agree. This never ending reference to tribes is sickening. It is also very sad that politicians keep us busy hating each other as they loot national resources.

Guta
Guest
Guta
7 months 21 days ago

Kudos

D
Guest
D
7 months 21 days ago

Congrate Dr we need this book to be read by many of us

Justice DR. Cashgate. SC
Guest
Justice DR. Cashgate. SC
7 months 21 days ago

That’s better kumalemba mabuku with a purpose , kumatidziwitsa zinthu zomwe timangopanga mosadziwa , osati ndalemba buku koma kungodzadza zithunzi zokhazokha

shire highlands
Guest
shire highlands
7 months 21 days ago

who published the book?

Jinack Chinula
Guest
Jinack Chinula
7 months 21 days ago

The Book will be of much help to most of us lacking the general understanding of Land law in terms of possession or ownership. It will be good if the shaped ideas contained in the book be debated upon for incorporation into the consititution.

Mutibule
Guest
Mutibule
7 months 21 days ago

Akadye mzimbe ras uyo

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