CHALLENGES OF LAND AND AGRICULTURAL DEVELOPMENT IN MALAWI Charles P. Msosa, Ministry of Lands, Housing and Urban Development –Malawi charlesmsosa@gmail.com

Background Challenges that Malawi faces on public, customary and private land Currently private land consists of freehold land and leasehold land Most agriculture leasehold estates are currently underutilized and have their lease terms expired

Issue 1: Lease expiration   All North Center South. Total area (1,000 ha) 1,348.76 230.63 871.61 246.52 Size between 10 and 30 ha 0.73 0.72 0.78 0.37 Size between 30 and 100 ha 0.14 0.16 0.13 0.23 Size above 100 ha 0.04 0.05 0.03 0.12 Has deed 0.42 0.43 0.40 0.54 Has offer but no deed 0.28 0.18 Sketch plan 0.52 0.53 SD plan 0.46 0.47 0.50 Deed plan 0.02 0.01 0.08 Annual rent in $ per ha 0.79 3.59 Lease term in 2016 Lease expired 0.70 0.63 0.75 0.44 Total 35,140 6,181 25,560 3,399

Issue 2: Double registration

Issue 2: Rent erosion Rents eroded over time Using 2010/11 Living Standards Measurement Survey (LSMS) data The price paid for existing leases was US$ 58/ha The price at which respondents would be willing to lease in additional land was more than $50/ha Charging 50% of this could generate US$ 35 mn/yr Rents eroded by expired leases

Land Policy Objectives National wide consultations which led to the formulation of land policy stated in 1996 The Malawi National land Policy was adopted in 2002 The goal of the Policy 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.

Law Commission on Land Reform In March, 2003, Government constituted a Special Law Commission to undertake the review process of Land- Related Laws in order to translate the findings and recommendations of the National Land Policy into Law. The review process considered the following:- Malawi Constitution; International law and practice ; Several research findings including the Report of the Presidential Commission on Land Reform; and Democratic principles and decentralisation policy.

LAND RELATED BILLS The Law Commission undertook national wide consultation and finalised its work in, 2010 and submitted its final report to Government. Based on the final report, Government developed ten land related Bills which were passed by Parliament and assented by the State President in 2016.

Setting up of Institutional/Administrative Framework Government is putting in place land reforms implementation structures. These will include:- dedicated land reforms implementation unit Inter-ministerial steering committee on land Cabinet Committee on Land Reforms Thematic working groups mainly Land Administration and Management; Information, Education and Communication (IEC); and Monitoring and Evaluation (M+E). Customer care service centers

Next Steps-Sequencing of events After performance estate survey and field verification of idle estates, the Ministry will determine the amount of land which is under lease. All issues of overlaps and fake agriculture estates, expired leases will be reviewed and decisions will be made whether to renew the expired leases or not. District Land registries in the pilot districts will be constructed and appropriately equipped before the process of registration of customary estates.

Next Steps Cont”d The Ministry will then develop procedures manual and establish land committees and land tribunals at Traditional, District and national level. It will then undertake systematic demarcation exercise of Traditional Land Management Areas in the pilot districts. This will involve close collaboration with the chiefs This will be followed by adjudication exercise in the said pilot districts will be carried by the respective land committees and land clerks. Systematic demarcation and registration of individual titles of customary land using general boundaries will then be undertaken

Setting up of Institutional/Administrative Framework Government will develop regulations, guidelines and operational procedures for implementation of the new land laws Engage various stakeholders including Traditional Authorities in participatory land governance issues Enhence capacity building in the Ministries of Lands and Local Government Mainstreaming gender issues in land administration

Land Information System Government is developing Land information management framework Government is creating Leasehold database Government is Digitizing land records Government is developing Land Information Management System(LIMS) Integration of data under Malawi Geographical Information Council (MAGIC)

Mobilization of Resources for Implementation of Land Reforms   Government is putting in place mechanisms for raising resources for the implementation of land reforms. The resource mobilization will include the following:- Revision of all land-related fees and charges after consultations Conducting land market study Introduction of land tax on freehold land Redevelopment of land rent roll module under LIMS Send out land rent demand notices as well as notices relating to renewal of expired leases Monitor compliance of lease covenants, particularly with regards to payment of land rent and development of the leased land

Lobbying for resources Lobby for financial and technical support from development partners Present the Road Map to the relevant sector donor group Follow-up on donor pledges Provide progress reports

THANK YOU FOR YOUR ATTENTION