Court rules on land ownership case

In a prominent land case in Malawi, the High Court, acting as a Constitutional Court in Blantyre, has rejected a petition from the privately owned Pacific Limited that contested certain provisions of the nation’s land laws.

Pacific Limited had argued against amendments to the Land Act and the Customary Land Act, claiming they were unconstitutional and discriminatory.

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

The company contended that the amendments imposed unfair restrictions on property rights and discriminated against specific groups, particularly regarding land ownership by non-citizens and the definition of an ‘indigenous Malawian’.

Court records indicate that Pacific Limited asserted ownership of 143 leasehold and freehold properties in Malawi.

However, in a decision made by Justices Jabbar Alide, Chimwemwe Kamowa, and Dick Sankhulani, the court concluded that Pacific Limited had not shown adequate interest in the case, as it failed to provide proof of land ownership in the country.

The judges also supported the State’s argument, determining that the contested legal provisions were properly enacted.