Constitutional Court Yet to Rule in High-Profile Land Case
The Constitutional Court is yet to deliver its ruling in a high-stakes land case that could significantly shape Malawi’s property laws and investment climate.
The case, currently before the High Court sitting as a Constitutional Court in Blantyre, involves Pacific Limited, which is challenging key provisions in the Land (Amendment) Act and the Customary Land (Amendment) Act.
During proceedings yesterday, Attorney General Frank Mbeta led the State’s case, intensifying the legal battle with a detailed cross-examination of Pacific Limited’s witness, Grant Chimenya.
Mbeta, supported by State lawyers Neverson Chisiza and Francis MacJessie, is representing the Ministry of Lands.
On the opposing side, Pacific Limited’s legal team—led by Senior Counsel Mordecai Msisha and Bright Theu—also cross-examined the State’s witness, Yohane Dzowa. Dzowa, a lawyer and deputy director in the Attorney General’s Chambers, previously worked in the Ministry of Lands, a role that links him directly to the issues under dispute.
The three-judge panel—Justices Jabbar Alide, Chimwemwe Kamowa, and Dick Sankhulani—has since adjourned the matter. A judgment date will be communicated later.
At the heart of the case is a fierce constitutional argument.
Pacific Limited claims the amended land laws are unconstitutional, arguing that they unfairly restrict property rights and introduce discrimination—particularly in how they treat non-citizens and define who qualifies as an “indigenous Malawian.”
The company is asking the court to strike down the provisions, saying they violate constitutional protections on equality, property ownership, and economic freedom.
But the State is pushing back hard.
Mbeta argues that the laws were enacted through a legitimate, transparent, and consultative process. He maintains that the burden lies squarely on Pacific Limited to prove that the laws breach the Constitution—something the State insists has not been demonstrated.
According to the Attorney General, the amendments were introduced to fix long-standing weaknesses in Malawi’s land framework—issues that had drawn criticism from rural communities, traditional leaders, and civil society when the original laws were passed in 2016.
Court records further show that Pacific Limited holds a significant land portfolio, owning 143 leasehold and freehold properties—an indication of the scale of interests at stake.
The State also argues that the amendments meet the constitutional test of proportionality, striking a balance between individual property rights and the broader public interest.
Now, all eyes are on the Constitutional Court.
Its ruling will not only determine the fate of the contested laws but could also redefine how land ownership, investment, and national interest are balanced in Malawi.
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