Navigating Malawi's Land Laws: Unravelling Colonial Legacies and Customary Challenges
The article examines the challenges in Malawi's land governance, tracing issues back to colonial legacies and addressing contemporary problems in customary land practices. Despite amendments to incorporate indigenous people and customary laws, challenges persist, particularly in ownership claims tied to prevailing customary law in which marriage systems play a central role. The journey towards reform began in 1996, resulting in the Malawi National Land Policy in 2002, aiming for tenure security and sustainable land use. The Customary Land Act (amended) of 2022 faces challenges, including potential land grabs by wealthy Malawians. Women and children's rights in land ownership are often overlooked, with discriminatory practices persisting. Striking a balance between decolonisation and cultural preservation is crucial for achieving social justice in land laws.