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IMPROVING LAND GOVERNANCE IN
MALAWI
Report on the Technical validation and policy
dialogue workshops for the Land Governance
Assessment Framework in Malawi
Held at Capital Hotel in Lilongwe, Malawi from 19th to 20th
July, 2012
Prepared by
Paul Jere (Country Coordinator)
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Table of Contents 1.0 Introduction ............................................................................................................................................. 3
2.0 Technical Validation Workshop ............................................................................................................. 4
2.1 Presentation of the LGAF Process ...................................................................................................... 5
2.2 Presentation of LGAF Findings by Thematic Area ............................................................................ 5
2.2.1 Legal and institutional framework ............................................................................................... 5
2.2.2 Land use planning, valuation and taxation ................................................................................... 6
2.2.3 Public land management .............................................................................................................. 6
2.2.4 Public provision of Land information .......................................................................................... 7
2.2.5 Dispute resolution and conflict management ............................................................................... 7
2.3 Group Discussions on Policy recommendations and Action Planning ............................................... 7
2.3.1 Legal and Institutional Framework .............................................................................................. 8
2.3.2 Land use Planning, Management and Taxation ........................................................................... 8
2.3.3 Public Land Management ............................................................................................................ 9
2.3.4 Public Provision of Land Information.......................................................................................... 9
2.3.5 Conflict Resolution and Dispute Management ............................................................................ 9
3.0 Policy Dialogue ..................................................................................................................................... 10
ANNEXES .................................................................................................................................................. 14
Annex 1: LGAF Technical Validation workshop participants ............................................................... 14
Annex 2: LGAF Policy Dialogue Meeting participants .......................................................................... 16
Annex 3: Programme for Technical Validation workshop ..................................................................... 18
Annex 4: Programme for Malawi LGAF - Policy dialogue workshop .................................................. 19
Annex 5: Opening Remarks by the Principal Secretary, Ministry of Lands and Housing, Mrs Ivy
Luhanga. Technical Validations Workshop on Land Governance, 19th July, 2012 ................................ 20
Annex 6: Speech by the Principal Secretary, Ministry of Lands and Housing, Mrs Ivy Luhanga. Policy
Dialogue Workshop - 20th July, 2012 ..................................................................................................... 22
Annex 7: Official Opening Speech by the Minister Ministry of Lands and Housing, Hon. Henry Phoya
- Policy Dialogue Workshop on Assessment Of Land Governance In Malawi ...................................... 24
Annex 8: Country scorecard for Malawi summarizing LGI rankings .................................................... 27
Annex 9: Matrix of Policy Recommendations ........................................................................................ 31
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1.0 Introduction
Land is considered as the most basic and important natural resources available for social and
economic development in Malawi. This is because for a major part Malawi’s economy is
primarily agricultural based and heavily reliant on natural resources, bringing to focus the pivotal
role of land. The major challenge facing the land sector is increased demand for land emanating
from rapid population growth, high rate of urbanization and improved economic growth. Other
challenges include low institutional capacity for land administration, poor land practices, and
insufficient public awareness on land policies and laws. Government recognizes these daunting
challenges and acknowledges that these have brought about fresh needs and expectations.
The land sector is guided by a National Land Policy of 2002 and a set of legal instruments. The
legal instruments are however fairly old and are therefore under review. The goal of the National
Land Policy in Malawi is to ensure tenure security and equitable access to land, to facilitate the
attainment of social harmony and broad based social and economic development through
optimum and ecologically balanced use of land and land based resources.
The government has further demonstrated its commitment to improved land management and
governance through the Malawi Growth and Development Strategy (MGDS II) under Theme 1
on Sustainable Economic Development, which has a specific subtheme on Land to deal with land
sector challenges. Under this theme, the Malawi Government has set a goal to ensure equitable
access to land and tenure security; efficient management and administration system; and
ecologically balanced use of land and land-based resources.
Following the approval of the National Land Policy, the Government has implemented a number
of initiatives including facilitation of acquisition of parcels of land by the land-less and land-poor
households largely through the Community Based Rural Land Development Project (CBRLDP)
with support from the World Bank and introduction of land administration and management
courses at tertiary level. The government also embarked on designing and implementing a
computerized title and deeds registration system among many other reforms. These initiatives
and reforms demonstrate the government’s commitment to improve land governance in the
country.
To gain more understanding on performance of the processes for such reforms in the land sector,
the Malawi Government through the Ministry of Lands and Housing in collaboration with the
World Bank commissioned a study on land governance using the Land Governance Assessment
Framework (LGAF). The LGAF is a diagnostic tool to assess the status of land governance at
country level in a participatory process that draws systematically on local expertise and existing
evidence. The assessment looks at land sector issues through 5 thematic areas as follows;
1. Legal and Institutional Framework;
2. Land Use Planning, Management and Taxations;
3. Management of Public Land
4. Public Provision of Land Information; and
5. Dispute Resolution and Conflict Management
Through a consensus-built assessment by panels of experts, the LGAF highlights areas for legal,
policy or procedural reform to improve governance in the land sector. The LGAF process thus
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helps to establish a consensus and priority actions on (i) gaps in existing evidence; (ii) areas for
regulatory or institutional change, piloting of new approaches, and interventions to improve land
governance on a broader scale; and (iii) criteria to assess the effectiveness of these measures.
LGAF helps put in place a structure and process to systematically track progress in improving
land governance over time. It is in this context that we are meeting here today. The land
governance assessment therefore supports the monitoring of the Malawi Growth and
Development Strategy II (MGDS II) especially on land sector issues.
The implementation of Land Governance Assessment Framework (LGAF) in Malawi started in
April 2011 and was implemented as a collaborative effort between Ministry of Lands and
Housing and the World Bank. The study commenced with individual expert analyses of more
than half the LGAF dimensions. A key output from the expert investigations was a typology of
land tenures for Malawi and a preliminary assessment of some of the LGAF dimensions. The
gathered information was then used as briefing material for the Panels of Expert. The second step
in the implementation of the LGAF was the gathering of Panels of Experts in various areas of the
land sector. Invited experts assessed and discussed a specific set of land governance indicators
and dimensions and to provide a collective and motivated ranking for each one of them including
policy interventions and recommendations for each area under discussion. The outcome of these
was used to prepare a draft LGAF Malawi report.
A critical step in LGAF process is the technical validation of the country’s findings and policy
dialogue on the proposed policy recommendations. Drawing on the pool of knowledge from
various stakeholders in the country, the Malawi LGAF findings were subjected to a technical
validation workshop on 19th
July 2012. The thrust of validation workshop was to present and
discuss the results of LGAF process with a technical group to ensure consistency of the results;
promote integration of results through interaction between different LGAF content areas; discuss
and prioritize areas for policy reforms and subsequently propose next steps to provide
sustainability to the LGAF process.
Following the technical validation workshop, a policy dialogue workshop was held on 20th
July
2012 for discussion, validation and prioritizing areas for post LGAF reforms based on policy
recommendation from the report and validated by the technical group. The policy dialogue
meeting was set out to present and discuss the results of the LGAF process with a policy group to
discuss and prioritize areas for policy reforms and actions. Secondly, the meeting provided a
forum to agree on next steps to provide sustainability to LGAF process including mechanisms to
monitor progress and fill identified data gaps. Participants included Ministry of Lands and
Housing, other government ministries and departments, city councils, district councils, local
leaders, academia, development partners and civil society organizations (see Annexes 1 and 2).
This report summarizes the proceedings of the technical validation and policy dialogue
workshops.
2.0 Technical Validation Workshop
The workshop commenced with a volunteer offering an opening prayer. This was followed by
welcome remarks and self-introductions for all workshop participants. An official from Ministry
of Lands and Housing facilitated the session. Following welcome remarks and introductions, the
Principal Secretary for the Ministry of Lands and Housing was called to make her official
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opening remarks. After officially opening the workshop, detailed presentations were made by the
Country Coordinator on the LGAF process and Malawi LGAF findings by thematic area. After
each presentation, some plenary discussions were held to allow participants to ask questions and
comment on the results. To allow participants to review the findings and contribute to the policy
recommendations, group discussions were held in the afternoon followed by group presentations
and plenary discussions. The technical validation workshop ended with concluding remarks by
Principal Secretary for Ministry of Lands and Housing.
2.1 Presentation of the LGAF Process
The LGAF country coordinator made a presentation on the LGAF scope and LGAF process that
has taken place in Malawi. This presentation was aimed at bringing all participants to the same
understanding on the LGAF and what the workshop desired to achieve. In the presentation, the
country coordinator introduced five thematic areas of the LGAF that guided the assessment. He
also highlighted the steps followed in the assessment:
Step 1: Putting together background information by individual experts
Step 2: Panel sessions to rank and identify priority actions
Step 3: Country-level validation workshop to confirm rankings & articulate policy
recommendations
Step 4: Policy dialogue to agree on policy recommendations and actions and a process for
follow-up of the LGAF
The Country coordinator emphasized that country-level validation workshop was critical to
confirm rankings and articulate policy messages.
2.2 Presentation of LGAF Findings by Thematic Area
2.2.1 Legal and institutional framework
The first presentation by thematic area was on Legal and Institutional Framework. The
presentation was done by Francis Liuma, a land specialist and lecturer at the Polytechnic, a
constituent college of the University of Malawi. This presentation focused on six indicators in
LGAF including; recognition of rights, enforcement of rights, mechanisms for recognition,
restrictions on rights, equity and non-discrimination and clarity of mandates. The thematic area
encompassed 27 dimensions. Out of 27 dimensions, no dimension scored A, 11 (40%)
dimensions scored B, 9 (33%) scored C and 6 (22%) scored D.
Comments on the presentation
One participant asked whether the findings were based only on expert analysis. In response, it
was clarified that the findings were a product of available data including individual expert
analysis and expert panel session. Another participant raised a concern on the lack of tenure
security for different land tenure systems whether it is customary or private property, considering
that all land in Malawi is vested in the president. A Ministry of Lands official highlighted that
the new land bill has considered issue of tenure security for all categories of land. The delays in
enactment of land bills were attributed to the problem of bureaucracy in government. However it
was noted that land bill had been submitted to cabinet for approval and onward transmission to
Parliament.
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For individual property registration in rural areas, it was noted that the process had started in the
past in Lilongwe west under the ndunda system and the Ministry was supposed to institute Local
Land Board to regulate activities of adjudicated customary land in Ndunda. However, the
adjudication exercise stopped mainly due to lack of financial and technical capacity. One
participant wondered whether there has been an evaluation of the impact of the titling process
under the ndunda system to draw lessons from. In response, it was indicated that the ministry has
not done an evaluation of the process but is keen to do the exercise and come up with proper
explanations and recommendations.
The findings for this thematic area were finally accepted and validated.
2.2.2 Land use planning, valuation and taxation
The second presentation was on Land use planning, valuation and taxation and was done by
country coordinator. The presentation focused on indicators and dimensions relating to:
transparency of land use, efficiency of land use planning speed and predictability, transparency
of valuation and tax collection efficiency. This thematic area had 16 dimensions. Of 16
dimensions, 6 (37%) were ranked A, only 1 dimension was ranked B, 5 (31%) were ranked C
and 4 (25%) were ranked D. The findings showed remarkable strength in tax collection
efficiency and transparency of valuations with more dimensions ranked A and B.
Comments on the presentation:
The finding for LGI 8 i, which states that in the largest city in the country, while a hierarchy of
regional/detailed land use plans is specified by law, in practice urban spatial expansion occurs in
an ad hoc manner with infrastructure provided some time after urbanization. A participant
clarified that that urban structure plans for Lilongwe City have been updated and approved in
July 2011. Thus, the newly agreed score was changed from C to A and the results were validated.
The participants also reported that valuation rolls are displayed at community center hall where
they can be accessed by the public and wondered where else could these be displayed to make
them more accessible. In response it was explained that, the authorities should consider using
different media for communication and displaying the valuation rolls considering that not all
people are able to reach the community center hall. With the discussed changes, the findings for
this thematic area were accepted and validated.
2.2.3 Public land management
The findings on this thematic area were presented by John Mlava, a lecturer at Bunda College of
Agriculture formerly a constituent college of University of Malawi but currently under Lilongwe
University of Agriculture and Natural Resources. The findings focused on a number of LGAF
indicators on: identification of public land, incidence of expropriation, transparency of
expropriation procedures and transparency in public land allocation. This thematic area had 16
dimensions, of which, 3 (18%) were ranked A, 4 (25%) were ranked B, 6 (37%) were ranked C
and 3 (18) were ranked D. The results were therefore, validated by workshop participants. The
findings revealed strength in incidence of expropriation with all dimensions ranking A while
having great weakness in transparency in allocation of public land (having ranked D for
dimensions).
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Comments on the presentation:
A number of participants commented on the process of disposing public land to private interests
and called on government to clearly spell out its social responsibility in disposing public land
while prioritizing the poor in getting it other than just using the market value. Another participant
from Landnet commented on the need to translate land related policies, laws, procedures and
other documentation into local languages for the benefit of those who do not understand English.
Following the discussions, the results for the thematic area were accepted and therefore validated
by workshop participants.
2.2.4 Public provision of Land information
The thematic area on land information was presented by the country coordinator. The thematic
area focused a number of indicators on completeness of registry, reliability of records, cost
effectiveness and sustainability and transparency. The thematic area had 13 dimensions. Of all
dimensions assessed under this thematic area, 3 (23%) were ranked A, 5 (38%) were ranked B, 1
dimension was ranked C and 4 (30%) were ranked D. The findings revealed strength in
completeness of registry having its rankings ranging from A to B while indicating a weakness in
cost effectiveness and sustainability having all dimensions ranked D.
A participant from Ministry of Lands observed that the findings did not differentiate the two
registration systems that exist in Malawi i.e. the deeds and title registration system. It was
highlighted that the government moved away from the deeds system to the title registration
system. In the title registration system, what is registered is the title of ownership and the
government guarantees title. If for some reason one suffers loss, then there is supposed to be
compensation guaranteed by the government. In addition, there are user guidelines that have
been developed to assist the staff and users in understanding the system.
Another participants also sought clarification that base map referred in the presentation was
assumed to mean the cadastral record. Another participant commented that a registry system is
always supposed to be up-to-date as such it was not expected to be talking of a registry system
that was not up-to-date.
The findings were finally accepted and validated.
2.2.5 Dispute resolution and conflict management
The last thematic presentation was on dispute resolution and conflict management. The
presentation was done by George Kaliwo, a legal expert and lecturer at the Polytechnic of
University of Malawi. The presentation focused on a number of indicators relating to assignment
of responsibility and level of pending conflicts. The thematic area had 7 dimensions. None of
the dimensions was ranked A, 2 (28%) dimensions were ranked B, 4 (57%) were ranked C and
only 1 (14%) was ranked D. The findings were accepted and validated without further comments
and queries.
2.3 Group Discussions on Policy recommendations and Action Planning
After technical validation session for the LGAF findings, the workshop participants were called
to group discussions to review policy recommendation and come up with action plans in light of
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the validated findings. The participants were grouped into 5 thematic areas. The five groups
came up with recommendations and proposed actions which were presented in plenary by one
group member from each group. The group discussions were guided by the summary country
score card (annex 8) which summarizes the overall assessment for each dimension/indicator and
a draft policy matrix (annex 9) which flushes out key policy recommendations from the study.
The group discussions reviewed and enriched the policy recommendations to ensure they are
applicable and realistic. The thematic groups after thorough discussions agreed on the following
recommendations for consideration:
2.3.1 Legal and Institutional Framework
A new land law (to support implementation of the 2002 National Land Policy) has to be
passed
Provide mechanisms for formal recognition of group and individual rights under
customary tenure with clear definition of traditional leaders’ roles and responsibilities.
The law should be complementary to existing laws relating to registration of property and
in harmony with key legislation on inheritance, the Chiefs Act and the dispute resolution
system
Systematic recordation (registration) of customary land ownership should be undertaken
using a participatory approach supported by simplified low cost adjudication and
surveying methodologies.
A capacity building program should precede systematic registration to strengthen
capabilities of local institutions down to village level to create and maintain records of
customary ownership and to manage land matters.
Responsibility for the registration of customary land should be decentralized with
responsibility for both initial registration and the recording of subsequent transaction
devolved to local both district and village level.
Clarify responsibilities of the multiple state organizations with respect to public land
management functions
2.3.2 Land use Planning, Management and Taxation
Local authorities should be empowered to enforce restrictions and regulations.
The land use planning processes should include mechanisms to assure public
participation and transparency.
Create a process and make available resources for the preparation of comprehensive
National Land Use and Physical Development Management to guide rational land use
decisions
Create a process and make available resources for Physical Planning Department and
City Councils to regularly update Urban Structure Plans, as well as District and Town
Councils to prepare Planning Schemes for trading centers and settlements
Public Awareness should be encouraged
Define criteria for designation of ratable areas.
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Strengthen local government capacities to manage property tax activities.
Increase transparency in updating of valuation rolls.
Increase accessibility of tax information.
Devise mechanisms for public distribution of land surplus gains
Create a process and make available resources for local authorities to update and widely
publicize guidelines for building permits applications on a cost recovery basis.
Review current laws on water boards and Local Authorities to merge.
Design strategies and policy to supply affordable housing for the poor, through provision
of serviced plots.
Support low cost housing initiatives.
Provide land to local authorities for low cost housing.
Prepare and pass a condominium law that is based upon international best practice while
being appropriate to Malawi.
Facilitate information sharing between countries – through exchange visits/study tours.
2.3.3 Public Land Management
Establish an inventory of public land, including it being surveyed and demarcated on the
ground.
Make available information about public land, including allocations of public land and
mining concessions.
Make use of decentralized bodies to publicize
Compensation for people with customary tenure in designated planning areas and other
expropriation areas should be provided fairly and timely.
2.3.4 Public Provision of Land Information
Publish public information, what services are available, where they are available, how
quickly information can be obtained (service standards) and the cost of information.
Digitize records
Introduce computerized processing to improve delivery of information and reduce scope
for fraud and conflict
Enact of the new Land law
Establish District registry offices
Establish communications department in the Ministry of Lands linked to Ministry of
Information to champion publications and awareness and land issues
Improve accessibility of information by providing local (district) level access via internet
Start to record number of information requests in the three lands offices
2.3.5 Conflict Resolution and Dispute Management
Create provisions and mechanisms for customary conflict resolution decisions and
evidences to be taken into account by formal courts,
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Harmonize the different levels of dispute resolution to prevent forum shopping
Create awareness among judges and court operators
Strengthen the local dispute resolution structures
Create specialized land tribunals with the mandate to promote mediation and arbitration
methods.
Give more jurisdictions of certain land disputes to local courts.
After the presentations and discussions of the group recommendations and action plans for all the
five groups, the chair of the session summarized the sessions. After the presentations, a
representative of Landnet, a network of civil society organizations working on land issues was
asked to reflect on the proceeding of the day and make a few remarks on how the process was
important to Landnet. He thanked the Ministry for organizing the workshop and inviting them to
participate. He pledged Landnet support to the LGAF process and implementation of follow-up
activities. The country coordinator then explained the next steps in LGAF regarding the LGAF
policy dialogue meeting to be held the following day. He pointed out the necessity of the policy
recommendations and action plans to the policy dialogue meeting. The Day ended with closing
remarks by Principal Secretary for Ministry of Lands and Housing.
3.0 Policy Dialogue
The policy dialogue meeting on 20th
July 2012, was officially opened by the Minister of Lands
and Housing, Henry Phoya. After opening prayer, self-introductions by workshop participants
and opening remarks by Principal Secretary for, Minister of Lands and Housing officially opened
the function. After the official opening ceremony, participants converged for a group
photograph.
The first presentation for the policy dialogue meeting was on the Malawi LGAF process and
methodology. The country coordinator emphasized that the policy dialogue session was aimed at
providing a forum where participants could identify and discuss areas for policy reform based on
the report and recommendations from the Technical Validation Workshop the previous day.
This was followed by a presentation of the summary of the land governance assessment scores
for all indicators/dimensions assessed in Malawi (score card – Annex 8) and the proposed policy
recommendations by thematic area as summarized in the policy matrix (Annex 9). In order for
the participants to appreciate the background of the policy recommendations, the country
coordinator summarized the LGAF findings by thematic area based on technical validation
workshop as presented in the annex 8 and he also presented the policy matrix for each thematic
area. The country scorecard provides a synopsis of how each indicator was scored based on the
assessment of the country situation. The scoring ranged from A to D. A score of A would
represent a best case scenario depicting well governed sector issues while a score of D depicts a
situation of challenges and weaknesses in land governance on that issue.
Using the provided scale from A to D for 80 dimensions in assessing land governance, the
assessment shows some weaknesses in land governance in Malawi. Of the 80 dimensions, 12
dimensions (15%) were ranked A showing some considerable strength, 23 dimensions (29%)
were ranked B. Otherwise, the rest of the dimensions were ranked between C and D reflecting
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some weaknesses in the land governance. Table 1 below provides a snapshot of land governance
statistics for the five thematic areas.
Table 1 : Summary of dimension scores by number and percent
Thematic Area
No of dimensions scoring Total (%)
A (%) B (%) C (%) D (%)
Legal and Institutional framework 0 (0%) 11 (41%) 13 (48%) 3 (11%) 27 (100%)
Land Use Planning, Management
and Taxation
5 (29%) 1 (6%) 6 (35%) 5 (24%) 17 (100%)
Management of Public Land 4 (25%) 4 (25%) 6 (38%) 2 (13%) 16 (100%)
Public provision of land information 3 (23%) 5 (38%) 1 (13%) 4 (31%) 13 (100%)
Dispute Resolution and Conflict
Management
0 (0%) 2 (29%) 4 (57%) 1 (14%) 7 (100%)
Total 12 (15%) 23 (29%) 30 (38%) 15 (19%) 80 (100%)
The score aggregates by thematic area as summarized in the table above shows that most of the
dimensions rank weakly between C and D (about 45% of dimensions) in land governance
assessment. Weak legal and institutional framework, land use planning systems and processes
and dispute resolution and conflict management contributed towards poor land governance in
Malawi. This is a necessary platform to stimulate reforms at policy and programme level towards
improved land governance in Malawi.
The policy matrix highlights key policy recommendations for consideration including assigning
responsibilities to lead implementation and timelines for action. The policy matrix also
highlights some indicators assist in monitoring progress in the implementation of any such policy
recommendations and actions.
Plenary discussions by all workshop participants followed the presentation.
Comments from participants:
One participant questioned the capacity of District Councils in land planning/management. He
wanted to know if there were any deliberate efforts to enhance the capacity to ensure physical
development plans are implemented and District Councils are well equipped with human
resource to carry out physical planning and land management issues. The Principal Secretary for
Lands and Housing informed the participants that the Ministry of Lands and Housing is taking
some steps aimed at building capacity at district level and will liaise with Ministry of Local
Government and Rural Development to ensure effective and efficient land
planning/management.
A participant from the University of Malawi (Polytechnic) also commented that a training
programme was introduced at University of Malawi to train land professionals such as surveyors
but this training was not sustained due to lack of financial support. He informed the participants
that the Polytechnic had the capacity to train officers in land related matters but they require
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financial support. He advised the Ministries and departments to take advantage of the
opportunity to train their officers.
A participant from Zomba City Council acknowledged some progress achieved in capacity
building in land administration at Mzuzu University, but he noted that not much had been done
in terms of surveying and physical planning training. He commented that Physical planning and
surveying professions seems to be strictly guarded and very few people are joining the
profession. He urged the regulatory bodies for these professions to open doors for more officers
to join in order to increase capacity at district level. He also highlighted the need to clearly
specify qualifications for planners to include physical planning to ensure holistic planning at
district level.
There was a concern from one participant on whether there will be funds for implementation of
policy recommendations from the meeting. It was agreed that those policy issues that can be
implemented without requiring any financial assistance from other sources could begin to be
implemented. As for others that required funding, the Principal Secretary advised that there
would be consultations with development partners for support. In addition, the Ministry of Lands
and Housing would be including some of the issues into account in the next budgeting process. A
representative from IFPRI expounded that it would require continuous consultation with
government and donor agencies such as World Bank to ensure that policy recommendations are
implemented and that the LGAF process is sustained.
One participant raised a concern that decentralization has not been fully implemented in the
districts. For example, there are no surveying and physical planning capabilities at district level.
Another participant commented on the need for adequate resources for public awareness on land
policy to ensure that people understand the provisions and the implementation of the policy.
One participant from UNDP commented on the need to ensure that the land policy incorporated
adequate mechanisms to deal with issues of environment and climate change so that country’s
natural resources are preserved.
A representative of OXFAM recommended that there should be a clear strategy to enhance
synergies and working modalities among stakeholders to ensure the agreed policy
recommendations and follow up actions are implemented systematically. The Ministry of Lands
and Housing should take a leading role in ensuring that all stakeholders work together on the
agreed issues.
The meeting then endorsed the LGAF Malawi country assessment (score card - Annex 8) and the
policy recommendation as summatised in the policy matrix (Annex 9). Finally, the meeting
proposed establishment of a task force led by the Ministry of Lands and Housing to coordinate
implementation of the proposed policy recommendations and actions. As a first step in formation
of the task force, a number of participants indicated their interest to be part of the task force as
representatives of their organizations. The following were the proposed task force members:
1. Ministry Of Lands and Housing
2. The Malawi Polytechnic
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3. Chancellor College
4. Landnet Malawi
5. UN HABITAT
6. Lilongwe City Assembly
7. UNPD
8. Ministry of Irrigation and Water Department
9. Ministry of Trade and Industry
10. Coordination Union for the Rehabilitation of the Environment (CURE)
11. Ministry of Economic Planning & Development
12. Ministry of Local Government and Rural Development
13. OXFAM
The task force was assigned to prepare terms of reference to guide implementation of proposed
actions plans. The delegates agreed to support the task force to take the policy issues forward to
ensure effective implementation.
Closing remarks
As part of the closing remarks, the country coordinator informed the participants that the
comments and recommendations from the workshop will be incorporated into the LGAF report
and that the revised report will be reviewed technically in line with international LGAF
standards. The report will then be submitted to the Ministry for endorsement and Ministry will
disseminate to stakeholders. Finally he expressed appreciation for the expressed commitment of
various stakeholders including the Ministry and the World Bank to support implementation of
issues affecting the land sector. The meeting drew to an end with closing remarks from Principal Secretary for Ministry of Land
and Housing. She thanked all participants for their contributions and suggestions given to polish
up the LGAF report. She promised to work with other key ministries such as Ministry of Local
Government and Rural Development and academia to ensure the success of the policy
recommendations and actions. She also said that the proposed Task Force would be empowered
to start its duties urgently. She expressed her thanks to the organizers of the workshop, all
chairpersons and rapporteurs for various workshop sessions, participants and supporting agencies
(Bank, IFPRI) for their relentless efforts and support for the successful implementation of the
LGAF process in Malawi. She wished all delegates a safe journey back to their homes and duty
stations. Finally a closing player was ushered by a volunteer.
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ANNEXES
Annex 1: LGAF Technical Validation workshop participants
Name Organization Email Address
1 Snr. Chief Makwangala Ntcheu District Council [email protected]
2 Thom Zinga Ntcheu District Council [email protected]
3 BJZ. Mtayamanja Mangochi District Council [email protected]
4 Chief Chimwala Mangochi District Council
5 Jack Nguluwe Mulanje District Council [email protected]
6 Chief Chikumbu Mulanje District Council [email protected]
7 J. Mwenda Lilongwe District Council [email protected]
8 D. Lungu Lilongwe District Council
9 B.C. Mandere Rumphi District Council [email protected]
10 A.K. Chirambo Mzuzu City Council [email protected]
11 Costly Chanza Blantyre City Council [email protected]
12 E. Kaipa Blantyre City Council [email protected]
13 B.E.F. Nsiju Blantyre City Council [email protected]
14 M. Matandika Blantyre City Council [email protected]
15 B. Saindi Blantyre City Council
16 Catherine Kulemeka Lilongwe City Council
17 U.K. Chilumpha Zomba City Council [email protected]
18 J.U. Matola Ministry of Economic Planning &
Development
19 Elsie Salima Ministry of Economic Planning &
Development
20 Chauncy Mtambo Ministry of Economic Planning &
Development
21 James Banda Land resources and conservation dept.,
Ministry of Agriculture and Food
Security
22 C. Phangaphanga Ministry of Trade and Industry [email protected]
23 M.K. Mwanyongo Environmental Affairs Department [email protected]
24 F. Liuma Polytechnic, University of Malawi [email protected]
25 G.G. Kaliwo Polytechnic, University of Malawi [email protected]
26 John Mlava Bunda College [email protected]
27 J.B. Chimphamba Chancellor College 28 C. Mwambene CURE [email protected]
29 Zwick Jere Total Land Care [email protected]
30 A. Namwaza Habitat for Humanity [email protected]
31 R. Kafakoma Landnet
32 John Chome UN-Habitat [email protected]
33 N.J. Mulenga Private [email protected]
34 M. Chilenga TF and Partners Legal firm [email protected]
35 S. Nathambwe ELMC [email protected]
36 Joe Kantema Commissioner for Lands, Min of
Lands & Housing
37 Felix Tukula Commissioner for Physical Planning,
Min of Lands & Housing
15
38 O. Matope Deputy Commissioner for Lands, Min
of Lands & Housing
39 K.D. Kanthunkako Lands department, Min of Lands &
Housing
40 G.P. Chilinde Physical Planning Dept, Min of Lands
& Housing
41 F. Mukhupa Policy & Planning Dept, Min of Lands
& Housing
42 Mike AK Chigowo Policy & Planning dept., Min of Lands
& Housing
43 E. Njoka Physical Planning dept, Min of Lands
& Housing
44 WM. Chalemba Regional Commissioner for lands
(north), Min of Lands & Housing
45 F. Mangani Regional Commissioner for lands
(center), Min of Lands & Housing
46 Brian Manda Director of Policy and Planning, Min
of Lands & Housing
47 A.O. Thumba Min of Lands & Housing [email protected]
48 MJK. Chiundira Housing Dept., Min of Lands &
Housing
49 SP Mlomba Housing Min of Lands & Housing
50 S. Kameme Physical Planning Min of Lands &
Housing
51 N.E. Msyali Min of Lands & Housing
52 F. Mkwanda Physical Planning dept., Min of Lands
& Housing
53 Masida Mbano Survey Dept, Min of Lands & Housing [email protected]
54 Jeff Mzembe Surveys Dept, Min of Lands &
Housing
55 J.P. Manyowa Min of Lands & Housing
56 Ivory Mbengo Min of Lands & Housing
57 Richard Chagwa Min of Lands & Housing
58 Jacob K Phiri Min of Lands & Housing
59 Mkoma Jemitala Min of Lands & Housing
60 Mr. Chaluma Min of Lands & Housing
61 Mr. Banda Min of Lands & Housing
62 O. Maunde Min of Lands & Housing
63 J. Kanyika Min of Lands & Housing
64 D. Chikoti Min of Lands & Housing
65 G. Banda Min of Lands & Housing [email protected]
66 S.C. Kandulu Min of Lands & Housing [email protected]
67 Hoseana Gebru IFPRI Washington DC [email protected] 68 Paul Jere LGAF Country Coordinator [email protected]
69 Assa Maganga Assistant LGAF Country Coordinator [email protected]
16
Annex 2: LGAF Policy Dialogue Meeting participants
Name Organization Email Address
1 C. Kulemeka Lilongwe City Council
2 EH. Kaipa Blantyre City Council [email protected]
3 Gift Banda Mzuzu City [email protected]
4 A.K. Chirambo Mzuzu City Council [email protected]
5 E. Chipangula Deputy Principal Secretary Min of Lands
and Housing (MoLH)
6 Joe Kantema Commissioner for Lands, MoLH [email protected]
7 Felix Tukula Commissioner for Physical Planning
(MoLH)
8 W. Chalemba Regional Commissioner for Lands (north)
MoLH
9 K.K. Ngwira Regional Commissioner for Lands (south),
MoLH
10 F. Mangani Regional Commissioner for Lands (center)
MoLH
11 Brian Manda Director of Policy and Planning, MoLH [email protected]
12 Oscar Matope Deputy Commissioner for Lands, MoLH [email protected]
13 Francis Mukhupa Economist, Policy & Planning Dept,
MoLH
14 Mike Chigowo Economist, Policy & Planning Dept,
MoLH
15 K.D. Kanthunkako Lands department, MoLH
16 GP. Chilinde Physical Planning dept, MoLH [email protected]
17 E.W. Njoka Physical Planning Dept, MoLH [email protected]
18 Blessings Mpanga Physical Planning [email protected]
19 E.S Kachule Physical Planning
20 M.S. Mzunzu Dept. of Surveys, MoLH [email protected]
21 Jeff Mzembe Surveys Dept, MoLH [email protected]
22 TEC Mwale Dept. of Housing, MoLH [email protected]
23 MJK. Chiundira Dept. of Housing [email protected]
24 A.O. Thumba MoLH [email protected]
25 L.K. Chikopa MoLH
26 L.C. Yatala MoLH
27 K. Mpelembe MoLH
28 J.P. Chikwemba MoLH [email protected]
29 S.C. Kandulu MoLH
30 T.R. Senzani MoLH [email protected]
31 Masida Mbano Surveys Dept. [email protected]
32 Paul Kwizombe MoLHUD [email protected]
33 Judith Chimpepa MoLHUD [email protected]
34 Hastings Chinyamula MoLHUD [email protected]
35 C. Mtambo MEPD [email protected]
36 CB. Phangaphanga Ministry of Industry and Trade [email protected]
37 L. Karonga Ministry of Tourism [email protected]
38 DPS. Chione Ministry of Irrigation and Water Dev. [email protected]
39 M.K. Mwanyongo Environment Affairs Department [email protected]
17
40 C. Kalemba Lilongwe District Council [email protected]
41 Thom Zinga Ntcheu District Council [email protected]
42 T.A. Chikumbu Mulanje District Council [email protected]
43 Jack Kafoteka Mulanje District Council [email protected]
44 BC. Mandere Rumphi District Council [email protected]
45 T.A. Kalolo Lilongwe District Council
46 Snr. Chief Chimwala Mangochi District Council
47 Etta Mmangisa UNDP [email protected]
48 J.B. Chimphamba Chancellor College, UNIMA [email protected]
49 G. Kululanga Principal, Polytechnic, UNIMA [email protected]
50 GG. Kaliwo Polytechnic, UNIMA [email protected]
51 FM. Liuma Polytechnic, UNIMA [email protected]
52 Chris Mwambewe CURE [email protected]
53 S. Jali Total Land Care [email protected]
54 John Makina Oxfam [email protected]
55 Jenny Brown EU Delegation [email protected]
56 John Chome UN-Habitat [email protected]
57 Jacob Nankhonya Blantyre Newspapers Ltd (BNL) [email protected]
58 Gabriel Kamlomo BNL [email protected]
59 Charles Vintula Malawi Broadcasting Corporation (MBC) [email protected]
60 Suzgo Chitete MBC [email protected]
61 Benard Ndege MBC-TV [email protected]
62 Felix Washon MANA [email protected]
63 James Kumwembe CFC Radio [email protected]
64 Wilson Henry Star Radio [email protected]
65 Eric Msikiti FM 101 Power
66 Mercy Dube MIPP [email protected]
67 Fazilla Tembo African Press Agency [email protected]
68 Enock Balakasi Joy Radio [email protected]
69 Linda Likomwa Malawi News Agency [email protected]
70 Edwin Mauluka Radio Maria [email protected]
71 Steve Chilundu Capita FM [email protected]
72 Hosaena Ghebru IFPRI, W-DC [email protected]
73 Paul Jere LGAF Country Coordinator [email protected]
74 Assa Maganga Assistant LGAF Country Coordinator [email protected]
18
Annex 3: Programme for Technical Validation workshop
Time Activity Facilitator/presenter
8.00-8.30 Arrival and registration Secretariat
8.30 Opening prayer Volunteer
8.35-9.00 Welcome remarks and introductions Ministry official
9.00- 9.20 Background on LGAF process globally Paul Jere – LGAF
Country Coordinator
9.20- 9.40 Presentation of the Malawi LGAF processes Paul Jere – LGAF
Country Coordinator
Presentation of LGAF findings by thematic area Chair - Ministry
9.40-10.10 Legal and institutional framework F. Liuma
10.10-10.40 Land use planning, valuation and taxation Paul Jere
10.40-11.00 Tea break
11.00-11.30 Public land management John Mlava
11.30-12.00 Public provision of Land information Paul Jere
12.00-12.30 Dispute resolution and conflict management George Kaliwo
12.30-13. 45 Lunch Secretariat
13.45-15.00 Group discussions/validation by thematic area (5
Groups)
Ministry: 5 chairpersons
& 5 note takers
Presentations on group discussions by thematic area Ministry Official
15.30-16.00 Tea break & group photo Secretariat
16.00-1645 Continuation: Presentations on group discussions by
thematic area
Group leaders / facilitated
by P. Jere
16.45-17.00 Comments LandNet
17.00-17.15 Way forward and proposed next steps LGAF CC/World Bank
17.15-17.30 Concluding remarks PS MoLH
19
Annex 4: Programme for Malawi LGAF - Policy dialogue workshop
Time Activity Presenter/ Facilitator
8.00-8.30 Arrival and registration Secretariat
8.30-8.40 Introductory remarks Director of Ceremony
8.40-8.45 Opening prayer Volunteer
8.45-9.30 Welcome remarks and introductions Director of Ceremony
Opening remarks PS, Ministry of Lands, and
Housing
Official Opening Minister of Lands and
Housing
9.30-10.00 Tea break
10.00-10.10
10.10-12.00
Background on LGAF process globally
Presentation of the Malawi LGAF process
presentation of policy matrix (by thematic area
) comments/ discussion on recommendations
and next steps
-Legal and institutional framework
-Land use planning, valuation and taxation
-Public land management
-Public provision of Land information
-Dispute resolution and conflict management
Paul Jere – LGAF Country
Coordinator & panel
members (+ chair)
12.00-12.15 Summary of discussion and conclusions on
priority areas and next steps
Paul Jere
12.15-12.30 Way forward Commissioner for Lands
12.30-12.45 Closing remarks PS Ministry of Lands and
Housing
12.45 Lunch and end of workshop
20
Annex 5: Opening Remarks by the Principal Secretary, Ministry of Lands and Housing, Mrs
Ivy Luhanga. Technical Validations Workshop on Land Governance, 19th
July, 2012
The Director of Ceremony; Commissioners of Lands and Physical Planning and various heads
from my Ministry; Experts and Practitioners in the land sector; Fellow public officials;
Representatives from Civil society organizations and the private sector; Representatives from the
academia; Ladies and gentlemen.
On behalf of the Ministry of Lands and Housing, I would like to welcome you all to this very
important workshop on land governance assessment. Your presence today signifies the
importance you attach to land issues which are central to the development of our country. As you
will agree with me, land is our primary resource and asset at the center of our development
agenda. It therefore needs to be properly governed if we are to ensure sustainable development in
the county.
You may be aware, ladies and gentlemen, that the Ministry of Land and Housing in collaboration
with the World Bank, is undertaking a study on land governance in Malawi as part of reforms
being carried out the land sector. This assessment is using the Land Governance Assessment
Framework (LGAF), a tool developed by the World Bank with support from a number of
partners (IFPRI, FAO, UN-Habitat).
Ladies and gentlemen, the Land Governance Assessment Framework (LGAF) is a diagnostic
tool to assess the status of land governance at country level in a participatory process and that
draws systematically on local expertise and existing evidence. The assessment looks at land
sector issues through 5 thematic areas as follows;
6. Legal and Institutional Framework;
7. Land Use Planning, Management and Taxations;
8. Management of Public Land
9. Public Provision of Land Information; and
10. Dispute Resolution and Conflict Management
Through a consensus-built assessment by panels of experts, the LGAF highlights areas for legal,
policy or procedural reform to improve governance in the land sector. The LGAF process thus
helps to establish a consensus and priority actions on (i) gaps in existing evidence; (ii) areas for
regulatory or institutional change, piloting of new approaches, and interventions to improve land
governance on a broader scale; and (iii) criteria to assess the effectiveness of these measures.
LGAF helps put in place a structure and process to systematically track progress in improving
land governance over time. It is in this context that we are meeting here today.
The importance of LGAF assessment to the Ministry can therefore not be overemphasized since
it will support monitoring and implementations of the Malawi Growth and Development Strategy
II (MGDS II) especially on land sector issues.
Ladies and gentlemen, the objective of this LGAF validations workshop is therefore to present
and discuss a draft report on the results of the LGAF process with you various stakeholders as a
technical group to; i) ensure consistency of the results; ii) promote integration of results through
21
interactions between the different LGAF content areas; iii) discuss and prioritize areas for policy
reform; iv) propose next steps to provide sustainability to the LGAF process. The report also
highlights the importance of a new legal framework to guide the land sector to ensure the
reforms can be affected. The report, when consolidated, will therefore help to reenergize the
Ministry and other stakeholder to accelerate implementation of key reforms as provided for in
the 2002 national and policy. We are therefore happy to have you present.
Ladies and gentlemen, in order to keep the technical nature of the workshop, we ensured that the
participants be selected because of their knowledge and expertise in the land sector. Participants
to the workshop include selected number of members of the expert panels; complimented by
public officials, and land experts brought from civil society organizations (academia, NGOs,
private sector organizations, practitioners in the land sector)
Presentations of the 5 thematic areas will be made, followed by comments by panel members and
other participants. Comments should focus on areas for reform and proposed next steps for
LGAF sustainability. After presentations, there will be some group discussions and plenary
presentations around the 5 themes to discuss recommendations, prioritization and way forward.
This will give you participants more avenues for participation and discussion, conclusions,
recommendations and next steps, comprising the recollection of the conclusions and conclusions
from the different presentations, followed by discussions about prioritization will feed into the
discussions for the second day. The second day, that is tomorrow, will be dedicated as a policy
dialogue meeting.
The objective of the LGAF Policy Dialogue Meeting is to present the results of the LGAF
process with a policy group to discuss and prioritize areas for policy reforms and solutions
recommended by LGAF Panels; propose next steps to provide sustainability to the LGAF
process, including mechanisms to monitor progress and fill identified data gaps.
I therefore, urge you all to take this meeting and opportunity seriously as it allows systematic
discussion of the pertinent issues for the land sector. Please feel free to contribute on any issue
you consider as important to the study and to land sector as a whole. Your contributions will go a
long way into enriching the assessment as well as facilitating identification of priority issues for
the Ministry and other stakeholders to deal with at policy level and at programme level
I wish you a fruitful technical discussions and a successful workshop. We look forward to
working with you in this workshop and in the follow-up actions emanating from the
recommendations of the study.
I thank you for your attention and may God Bless you all
22
Annex 6: Speech by the Principal Secretary, Ministry of Lands and Housing, Mrs Ivy
Luhanga. Policy Dialogue Workshop - 20th
July, 2012
Our guest of honour, the Minister of Lands and Housing, Honourable Henry Phoya, M.P.
Principal Secretaries from various Ministries, The World Bank Country Manager for Malawi and
other Development partners present here, The Country Coordinator of Land Governance
Assessment Framework (LGAF), Paul Jere Representatives of Civil Society Organisations
District Commissioners and Traditional Leaders Representatives of the Academia and the
Malawi Law Commission Officials from my Ministry, Distinguished Ladies and Gentlemen.
Honourable Minister, Ladies and Gentlemen, my humble duty this morning is to ask the
Honourable Minister to officially open this meeting. But before I do so, allow me Honourable
Minister to present a background as to why we are here. Ladies and Gentlemen, as you may be
aware, Malawi has been undertaking various reforms in the land sector to counter the ever
increasing demands in view of the challenges being faced due to the limited resource of land in
the country. One such reforms is to be undertaken after the Land Governance Assessment
Framework (LGAF) study which has brought us here today to deliberate and come up with
policy recommendations for reform in order to improve governance in the land sector as well as
propose next steps that will provide sustainability to the LGAF process.
The Land Governance Assessment Framework
The Land Governance Assessment Framework (LGAF) is a diagnostic tool to assess the status of
land governance at country level. This framework was developed by the World Bank in
partnership with FAO, UN Habitat, IFAD, IFPRI, the African Union, and bilateral partners. It
follows a participatory process that draws on local expertise and existing evidence rather than on
outsiders. The framework categorizes land issues into 5 key thematic areas and these are:
1. Legal and Institutional Framework;
2. Land Use Planning, Management and Taxation;
3. Management of Public Land;
4. Public Provision of Land Information; and
5. Dispute Resolution and Conflict Management.
It is pleasing to note that these are the same thematic areas guiding the Malawi National Land
Policy. This is why the Ministry was keen to facilitate the rolling out of the Land Governance
Assessment Framework in Malawi. The process of implementing the LGAF helps to establish a
consensus on priority issues and actions including identifying (i) gaps in existing evidence; (ii)
areas requiring regulatory or institutional change, piloting of new approaches, and interventions
to improve land governance on a broader scale; and (iii) criteria to assess the effectiveness of
these measures. The LGAF helps put in place a structure and process to systematically track
progress in improving land governance over time.
The LGAF Process
The Ministry of Lands and Housing and the World Bank commenced the implementation of the
LGAF in a Malawi in April 2011.
23
In June 2011, an introductory workshop was organized by the Ministry to introduce the LGAF
(its scope and methodology) to national stakeholders which included various government
ministries, NGOs and development partners. In addition, the workshop provided an opportunity
for stakeholders to suggest appropriate names of experts to be involved in the expert panel
sessions.
After the introductory workshop, the process of implementing the LGAF relied on 2 main
activities as guided by the implementation manual. These are:
(i) Expert analysis undertaken by Expert Investigators
The study commenced with individual expert analyses of the LGAF dimensions based on
available evidence. Up to five Expert Investigators gathered the necessary data and information
through a review of the existing legal framework and available statistics, procedural reports and
other forms of accessible data. A key output from the expert investigations was a typology of
land tenures that apply in Malawi and a preliminary assessment of some of the LGAF
dimensions.
(ii) Panel assessments undertaken by Panels of Experts
The second step in the implementation of the LGAF was the gathering of Panels of Experts in
various areas of the land sector. Invited experts met for a day as a panel to assess and discuss a
specific set of land governance indicators and dimensions and to provide a collective and
motivated ranking for each one of them. Each panel also discussed policy interventions and
recommendations for each area under discussion. The LGAF process in Malawi managed to
bring together seven such panels. Expert panels included Land Tenure, Urban Land Use
Planning and Development, Rural Land Use and Policy, Land Valuation and Taxation, Public
Land Management, Public Provision of Land Information and Dispute Resolution. It is after the
panel sessions that LGAF Country Report was prepared for further discussion at a meeting of
Technical Experts yesterday, culminating into this meeting of policy makers today.
With that background, it is now my singular honour to call upon the Honourable Minister to
officially open this meeting. Honourable Minister, Sir.
24
Annex 7: Official Opening Speech by the Minister Ministry of Lands and Housing, Hon.
Henry Phoya - Policy Dialogue Workshop on Assessment Of Land Governance In Malawi
Venue: Capital Hotel, Lilongwe- 20th
July, 2012
The Principal Secretary for Lands and Housing, Mrs Ivy Luhanga; Principal Secretaries from
various Ministries; The World Bank Country Manager for Malawi and other Development
partners present here; The Country Coordinator of Land Governance Assessment Framework
(LGAF), Paul Jere; Representatives of Civil Society Organisations; District Commissioners and
Traditional Leaders; Representatives of the Academia and the Malawi Law Commission;
Officials from my Ministry; Distinguished Ladies and Gentlemen
It gives me great pleasure to stand before you today to officially open this very important
meeting to discuss and dialogue on land governance issues in Malawi. On behalf of the Ministry
of Lands and Housing and indeed, on my own behalf, I would like to welcome and thank you
all, distinguished ladies and gentlemen, for responding positively to the invitation by attending
this workshop.
Ladies and Gentlemen, the importance of this workshop cannot be overemphasized as it is
centred on land governance issues in the country. As you are aware, land is our true Malawi
heritage and a central resource for our development and poverty alleviation agenda. Malawi has
a total of 11.8 million hectares of which 9.8 million is land. Agricultural estates occupy 1.2
million hectares and the area potentially available for agriculture by small farmers is
approximately 4.5 million hectares after adjusting for wetlands, steep slopes and traditional
protected areas.
Ladies and gentlemen, with Malawi’s economy primarily agricultural based, this immediately
brings to focus the pivotal role of land. Land is therefore critical to successful implementation of
our Malawi Growth and Development Strategy II (MGDS II). It is therefore an undisputable fact
that land is the most basic and important of all resources available for social and economic
development in Malawi.
However, Ladies and Gentlemen, the major challenge facing the sector is increased demand for
land emanating from rapid population growth, high rate of urbanization and improved economic
growth. Other challenges include low institutional capacity, poor land practices, and insufficient
public awareness on land laws. Government recognizes these daunting challenges and
acknowledges that these have brought about fresh needs and expectations. That is why the
MGDS II under Theme 1 on Sustainable Economic Development has a specific subtheme on
Land to deal with these challenges. Under this theme, the Malawi Government has set a goal to
ensure equitable access to land and tenure security; efficient management and administration
system; and ecologically balanced use of land and land-based resources.
The Medium Term Expected Outcomes under this land sub-theme includes:
; and
Improved provision of geospatial information.
25
The government commits itself to implement the following Key Strategies
framework;
Developing a geospatial database and establishing a national Spatial Data Centre;
ational Spatial Framework for Strategic Physical Development Planning
and Management;
digital mapping services.
This demonstrates the government interest and commitment to improved land management and
governance. Given the complexities of managing land resources and the inter-relationship of
land-use decisions with other aspects of the effort to create a socially and economically
rewarding life for all Malawians, it is imperative that all stakeholders, including traditional
leaders, ordinary citizens and the investor community join the Government’s commitment to
implement the land sector strategies and policy.
Ladies and gentlemen, you are aware that the land sector is guided by a National Land Policy of
2002 and a set of legal instruments which are fairly old and are therefore under review. The land
policy was developed through a consultative process.
The goal of the National Land Policy in Malawi is to ensure tenure security and equitable access
to land, to facilitate the attainment of social harmony and broad based social and economic
development through optimum and ecologically balanced use of land and land based resources.
The Land Policy identified a number of objectives to be attained. These include the following:
Promotion of tenure reforms that guarantee security and instill confidence and fairness in all
land transactions. This objective supports the guaranteeing of secure tenure and equitable
access to land without any gender bias and/or discrimination to all citizens of Malawi as
stipulated under Article 28 of the Constitution.
Promotion of decentralized and transparent land administration
Promotion and implementation of land use planning strategies to all urban and rural areas;
Establishment of a modern land registration system for delivering land services to all;
Enhancement of conservation and community management of local resources to ensure
environmentally sustainable land use practices, and good land stewardship;
Promotion of research and capacity building in land surveying and land management.
Following the approval of the National Land Policy, the Government has implemented a number
of initiatives including the provision of parcels of land to the land-less and land-poor households
largely through the Community Based Rural Land Development Project (CBRLDP) with support
from the World Bank and introduction of land administration and management courses at tertiary
level. The sector also embarked on designing and implementing a computerized title and deeds
26
registration system among many other reforms. These initiatives and reforms signify the
government’s commitment to improve land governance in the country.
Today, Ladies and Gentlemen, marks the continuation of processes for such reforms in the land
sector through a study using the Land Governance Assessment Framework (LGAF), a diagnostic
tool to assess the status of land governance at country level in a participatory process. It is
pleasing to note that Malawi is not alone in this initiative. Countries such as South Africa,
Ghana, Georgia and many other countries world over have also undertaken similar LGAF
studies, a clear indication that Malawi is not lagging behind but in line with world trends.
I am very happy, Ladies and Gentlemen, that as indicated by the PS, under LGAF, consultations
on land governance have been conducted. It is pleasing to note that building on results from the
panel sessions and the expert investigations, a draft LGAF country report has been prepared by
the Country Coordinator. The draft report was discussed yesterday at the LGAF technical
Validation workshop at this same venue. A technical validation workshop was organized to bring
together all stakeholders in the land sector to review the findings and come up with realistic
policy recommendations for reforms and actions. We are here this morning to examine the policy
recommendations from the report as reviewed by the experts. After this process, a final report
will be prepared by the Ministry, incorporating comments from the stakeholders. The final report
will be endorsed and disseminated by the Ministry of Lands and Housing.
It is hoped that the Ministry will undertake this assessment exercise on a regular basis to check
how we are progressing in implementing the land sector reforms. I therefore invite you to
support the Ministry both technically and financially to ensure that the LGAF process can be
sustained but also more importantly that the Ministry can implement the agreed
recommendations. At this point, I would be failing my duties, if I don’t acknowledge the
invaluable support from the World Bank towards this initiative.
As you will observe from the coming discussions, some of the action areas will require
collaborative effort involving government, development partners and civil society organizations.
I therefore have every hope that we will work together in these very important initiatives.
Ladies and Gentlemen, the bottom line is that tomorrow is too late for Malawi’s virgin
population. The Joyce Banda administration is committed to implementing positive reforms in
the land sector. Our changing needs must therefore be met now and met well. Malawi’s today
and future on land governance matters therefore rests with us.
Ladies and gentlemen, I would therefore like to urge you to seriously deliberate on these land
governance policy issues and come up with fruitful recommendations to inform collaborative
implementation of the needed reforms in the land sector.
Thank you very much for your attention and may God bless you and Malawi.
…………END…….
27
Annex 8: Country scorecard for Malawi summarizing LGI rankings
Score
LGI-
Dim
Topic A B C D
Recognition of Rights
1 i Land tenure rights recognition (rural)
1 ii Land tenure rights recognition (urban)
1 iii Rural group rights recognition
1 iv Urban group rights recognition in informal areas
1 v Opportunities for tenure individualization
Enforcement of Rights
2 i Surveying/mapping and registration of claims on communal or indigenous land
2 ii Registration of individually held properties in rural areas
2 iii Registration of individually held properties in urban areas
2 iv Women’s rights are recognized in practice by the formal system (urban/rural)
2 v Condominium regime that provides for appropriate management of common
property
2 vi Compensation due to land use changes
Mechanisms for Recognition
3 i Use of non-documentary forms of evidence to recognize rights
3 ii Formal recognition of long-term, unchallenged possession
3 iii First-time registration on demand is not restricted by inability to pay formal
fees
3 iv First-time registration does not entail significant informal fees
3 v Formalization of residential housing is feasible and affordable
3 vi Efficient and transparent process to formally recognize long-term unchallenged
possession
Restrictions on Rights
4 i Restrictions regarding urban land use, ownership and transferability
4 ii Restrictions regarding rural land use, ownership and transferability
Clarity of Mandates
5 i Separation of institutional roles
5 ii Institutional overlap
5 iii Administrative overlap
5 iv Information sharing
Equity and Non-Discrimination
28
Score
LGI-
Dim
Topic A B C D
6 i Clear land policy developed in a participatory manner
6 ii Meaningful incorporation of equity goals
6 iii Policy for implementation is costed, matched with the benefits and is
adequately resourced
6 iv Regular and public reports indicating progress in policy implementation
Transparency of Land Use
7 i In urban areas, land use plans and changes to these are based on public input
7 ii In rural areas, land use plans and changes to these are based on public input
7 iii Public capture of benefits arising from changes in permitted land use
7 iv Speed of land use change
Efficiency of Land Use Planning
8 i Process for planned urban development in the largest city
8 ii Process for planned urban development in the 4 largest cities (exc. largest)
8 iii Ability of urban planning to cope with urban growth
8 iv Plot size adherence
8 v Use plans for specific land classes (forest, pastures etc) are in line with use
Speed and Predictability
9 i Applications for building permits for residential dwellings are affordable and
processed in a non-discretionary manner.
9 ii Time required to obtain a building permit for a residential dwelling
Transparency of Valuation
10 i Clear process of property valuation
10 ii Public availability of valuation rolls
Tax Collection Efficiency
11 i Exemptions from property taxes are justified
11 ii Property holders liable to pay property tax are listed on the tax roll
11 iii Assessed property taxes are collected
11 iv Property taxes correspondence to costs of collection
Identification of PublicLand
12 i Public land ownership is justified and implemented at the appropriate level of
government
12 ii Complete recording of publicly held land
12 iii Assignment of management responsibility for public land
12 iv Resources available to comply with responsibilities
12 v Inventory of public land is accessible to the public
29
Score
LGI-
Dim
Topic A B C D
12 vi Key information on land concessions is accessible to the public.
Incidence of Expropriation
13 i Transfer of expropriated land to private interests
13 ii Speed of use of expropriated land
Transparency of Procedures
14 i Compensation for expropriation of ownership
14 ii Compensation for expropriation of all rights
14 iii Promptness of compensation
14 iv Independent and accessible avenues for appeal against expropriation
14 v Appealing expropriation is time-bounded
Transparent Processes
15 i Openness of public land transactions
15 ii Collection of payments for public leases
15 iii Modalities of lease or sale of public land
Completeness of Registry
16 i Mapping of registry records
16 ii Economically relevant private encumbrances
16 iii Economically relevant public restrictions or charges
16 iv Searchability of the registry (or organization with information on land rights)
16 v Accessibility of records in the registry (or organization with information on
land rights)
16 vi Timely response to a request for access to records in the registry (or
organization with information on land rights)
Reliability of Records
17 i Focus on customer satisfaction in the registry
17 ii Registry/ cadastre information is up-to-date
Cost Effective and Sustainable
18 i Cost of registering a property transfer
18 ii Financial sustainability of the registry
18 iii Capital investment
Transparency
19 i Schedule of fees is available publicly
19 ii Informal payments discouraged
Assignment of Responsibility
20 i Accessibility of conflict resolution mechanisms
20 ii Informal or community based dispute resolution
20 iii Forum shopping
20 iv Possibility of appeals
Low Level of Pending Conflicts
30
Score
LGI-
Dim
Topic A B C D
21 i Conflict resolution in the formal legal system
21 ii Speed of conflict resolution in the formal system
21 iii Long-standing conflicts (unresolved cases older than 5 year)
31
Annex 9: Matrix of Policy Recommendations
Policy issue
Proposed action Monitoring indicator Time
frame
Responsible
party
1. LEGAL AND INSTITUTIONAL FRAMEWORK
Most land is under customary
tenure with rights that are
recognized in some form but no
legal basis for enforcement,
implying that vulnerable groups
an easily lose their tights.
A new law (as proposed by the 2002
National Land Policy) has to be
passed.
Draft Customary Land
Bill discussed and
passed
Short
term
Ministry of
Lands,
Housing and
Urban
Development,
Ministry of
Justice and
Constitutional
Affairs,
Parliament
Provide mechanisms for formal
recognition of group and individual
rights under customary tenure with
clear definition of traditional leaders’
roles and responsibilities. The law
should be complementary to existing
laws relating to registration of land
and in harmony with key legislation
on inheritance law, the Chiefs Act and
the dispute resolution system
Policy and Law
disseminated and
implemented
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
Land rights by females
are recognized
Medium
term
32
There is clear evidence of tenure
insecurity for vulnerable groups
such as women and children.
Systematic recordation (registration)
of customary land ownership should
be undertaken using a participatory
approach supported by simplified low
cost adjudication and surveying
methodologies. The output from the
process should be the issuing of
certificates, licenses or permits as
legally recognized evidence of
ownership based on a country-wide
low cost base map.
Number of parcels
registered at various
levels
Long
term
Ministry of
Lands,
Housing and
Urban
Development,
District
council
Cost per parcel
Short
term
A capacity building program should
precede systematic registration to
strengthen capabilities of local
institutions down to village level to
create and maintain records of
customary ownership and to manage
land matters
Responsibility for the registration of
customary land should be
decentralized with responsibility for
both initial registration and the
recording of subsequent transaction
devolved to local institutions at both
district and village level
Capacity building plans
in place
Medium
to long
term
Ministry of
Lands,
Housing and
Urban
Development,
District
councils, City
councils
Number of personnel
trained
Short
term
Responsibilities for public land
management are not clearly
assigned.
Clarify responsibilities of the multiple
state organizations with respect to
public land management functions
Draft regulation to
clarify and streamline
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
33
Policy issue Proposed action Monitoring indicator Time
frame
Responsible
party
2. LAND USE PLANNING, MANAGEMENT AND TAXATION
Regulations and restrictions on
urban and rural land are not
adequately enforced
Local authorities should be
empowered to enforce restrictions and
regulations. The land use planning
processes should include mechanisms
to assure public participation and
transparency.
Regulations to strengthen
local authorities in place.
Number of planning
instruments with public
inputs included
Medium
term
Local
authority
Lack of instruments to guide and
control land development give
space to speculation and
unsustainable use of land
Create a process and make available
resources for the preparation of
comprehensive National Land Use and
Physical Development Management to
guide rational land use decisions
Create a process and make available
resources for Physical Planning
Department and City Councils to
regularly update Urban Structure
Plans, as well as District and Town
Councils to prepare Planning Schemes
for trading centers and settlements
Public Awareness
National Land Use
Planning instruments in
place
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
% of cities with updated
Urban Structure Plans
Share of trading centers
and settlements prepared
Short
term
Local
authorities
Local governments are
underfunded as they do not
collect property taxes
Define criteria for designation (by
Minister decision) of ratable areas.
Strengthen local government
capacities to manage property tax
activities; increase transparency in:
Regulation on criteria for
designation of ratable
area drafted and approved
Number of local
governments with
Long
term
Local
authorities
and Ministry
of Lands,
Housing and
Urban
34
updating of valuation rolls; making tax
information accessible; and devise
mechanisms for public distribution of
land surplus gains (e.g. betterment
taxes and infrastructure levies)
valuation rolls updated
Law on distribution of
land surplus gains drafted
and approved
Development
Procedures for obtaining
building licenses are out of date,
unknown for most users and
create space for corruption
Create a process and make available
resources for local authorities to
update and widely publicize guidelines
for building permits applications on a
cost recovery basis.
Increase revenue base
Review current laws on water boards
and Local Authority merge
Guidelines for building
permits updated
Share of local
governments where
guidelines are effectively
available by public
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
There is a lack of access to
affordable housing for the urban
poor
Design strategies and policy to supply
affordable housing for the poor,
through provision of serviced plots
Support low cost housing initiatives
Provide land to local authorities for
low cost housing
Policy for housing supply
in place
Number of plots in site
and service areas
Number of low cost
houses constructed
Number of hectors
provided to local
authorities
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
There has been an increase in the
development of apartments
without the reciprocal creation of
a legal framework to provide
security of tenure and ensure
appropriate management of
common property
Prepare and pass a condominium law
that is based upon international best
practice while being appropriate to
Malawi
Information sharing between countries
Draft ‘condominium law’
and supporting
regulations produced and
adopted
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
35
Policy issue Proposed action Monitoring indicator Time
frame
Responsible
party
3. PUBLIC LAND MANAGEMENT
Public land is not inventoried or
demarcated, making effective
management difficult and
opening the door to abuse and
corruption.
Establish an inventory of public land,
including it being surveyed and
demarcated on the ground.
Share of public land
surveyed and demarcated
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
No information on devolution of
public land.
Make available information about
public land, including allocations of
public land and mining concessions.
Make use of decentralized bodies to
publicize
System for public land
accessibility in place
Number of queries on
public land status
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
Processes to determine and
award compensation in case of
expropriation are lacking or not
enforced.
Compensation for people with
customary tenure in designated
planning areas should be provided
fairly and timely.
Number of households
included in newly
designated planning
areas,
number of households
receiving compensation
within a year
Short
term
Ministry of
Lands,
Housing and
Urban
Development
Policy issue Proposed action Monitoring indicator Time
frame
Responsible
party
4. PUBLIC PROVISION OF LAND INFORMATION
36
Land information is incomplete
and neither its nature nor how it
can be accessed is well
understood by the general
public.
Information is available only at
three centrally located offices
(Lilongwe, Blantyre and
Mzuzu).
All land information is in paper
form - records are degraded and
missing and retrieval processes
antiquated and inefficient
Publish public information, what
services are available, where they are
available, how quickly information
can be obtained (service standards)
and the cost of information.
Level of public
awareness (e.g.
monitoring indicators
through short
questionnaire aimed at
visitors to lands offices)
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
Digitize records (in progress under
BESTAP)
Introduce computerized processing to
improve delivery of information and
reduce scope for fraud and conflict
(through more secure records and
more secure and auditable access to
information)
Number of records
digitized
Medium
term
Commission
for Lands
Minister
Enactment of the Land Bill
Land Bill enacted Short
term
Minister
Establish District registry offices Number of requests for
information at District
level
Medium
term
Commissioner
of lands in
collaboration
with District
assemblies
Establish communications department
in the Ministry of Lands linked to
Ministry of Information to champion
publications and awareness and land
issues
Medium
term
Ministry of
Lands,
Housing and
Urban
Development
37
through
Principal
Secretary
Improve accessibility of information
by providing local (district) level
access via internet
Number of accessibility
channels (e.g. local
offices, online, via
cellular network etc.)
Short
term
Ministry of
Lands,
Housing and
Urban
Development
No reliable statistical data
available to determine current
level of demand for information.
Start to record number of information
requests in the three lands offices
(nature of request / location to which
information relates etc.)
Number of information
requests
Number of fraud cases /
land conflicts
Policy issue Proposed action Monitoring indicator Timeframe Lead Stakeholder
5. CONFLICT RESOLUTION AND DISPUTE MANAGEMENT
Decisions made by
customary conflict
resolution mechanisms are
often ignored by formal
courts
Create provisions and
mechanisms for
customary conflict
resolution decisions and
evidences to be taken
into account by formal
courts, harmonizing the
different levels of
dispute resolution to
prevent forum shopping
and create awareness
among judges and court
operators
law on harmonization of
customary mechanisms
with formal legal system
for dispute resolution
developed and passed
Short term
Ministry of Lands,
Housing and Urban
Development
Land proceedings and
disputes are increasing
steadily and processes
Strengthen the local
dispute resolution
structures
Number of land disputes
adjudicated by
Specialized tribunals
Long term
Ministry of Lands,
Housing and Urban
Development and
38
take too long to be
completed
Universities
Create specialized Land
Tribunals with the
mandate to promote
mediation and
arbitration methods.
Alternatively, give
jurisdiction of certain
land disputes to local
courts.
Number of land disputes
processed by Local
courts
Long term
Reduction of % land
disputes
ongoing
Reduction in time for
settling disputes
Medium term