Court dismisses Pacific Limited’s constitutional challenge to Malawi’s land laws

The High Court sitting as a Constitutional Court in Blantyre has dismissed a petition brought by privately owned Pacific Limited challenging the constitutionality of provisions within Malawi’s land laws, in one of the country’s most closely watched land cases in recent years.

Pacific Limited had sought to challenge amendments to the Land Act and the Customary Land Act, arguing that the provisions were unconstitutional and discriminatory, in particular concerning restrictions on land ownership by non-citizens and the statutory definition of an “indigenous Malawian.”

The Ministry of Lands was represented by Attorney General Frank Mbeta, alongside lawyers Neverson Chisiza and Francis MacJessie, while Pacific Limited was represented by Mordecai Msisha, SC, and Bright Theu.

The company had argued that the disputed amendments unfairly restricted property rights and discriminated against certain categories of landholders.

According to court records, Pacific Limited claimed to own 143 leasehold and freehold properties across Malawi.

In their ruling, Justices Jabbar Alide, Chimwemwe Kamowa and Dick Sankhulani found that Pacific Limited had failed to demonstrate sufficient interest in the matter, having provided no evidence that it in fact owned any land in the country.

The court also upheld the State’s position that the disputed legal provisions had been validly enacted.

The judgment is likely to be closely scrutinised by investors and legal practitioners with interests in Malawi’s land sector, given the ongoing debate over the balance between protecting customary land rights and ensuring an attractive environment for both domestic and foreign investment.