1

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)

2

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

3

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

4

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

5

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.

6

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).

7

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

8

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.

9

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,

10

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

11

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

12

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

13

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.

14

ANNEXES

Annex 1: LGAF Technical Validation workshop participants

Name Organization Email Address

1 Snr. Chief Makwangala Ntcheu District Council makhwangala@yahoo.com

2 Thom Zinga Ntcheu District Council zinga@gmail.com

3 BJZ. Mtayamanja Mangochi District Council bjzmaya@yahoo.co.uk

4 Chief Chimwala Mangochi District Council

5 Jack Nguluwe Mulanje District Council Jack.nguluwe@yahoo.com

6 Chief Chikumbu Mulanje District Council netteschumbu@yahoo.com

7 J. Mwenda Lilongwe District Council jamemwenda@yahoo.com

8 D. Lungu Lilongwe District Council

9 B.C. Mandere Rumphi District Council bestermandere@yahoo.com

10 A.K. Chirambo Mzuzu City Council alex1chirambo@yahoo.co.uk

11 Costly Chanza Blantyre City Council cchanza@hotmail.com

12 E. Kaipa Blantyre City Council kaipaeliza@yahoo.com

13 B.E.F. Nsiju Blantyre City Council nsituphiri@yahoo.co.uk

14 M. Matandika Blantyre City Council matandika@yahoo.co.uk

15 B. Saindi Blantyre City Council

16 Catherine Kulemeka Lilongwe City Council

17 U.K. Chilumpha Zomba City Council ukchimphamba@gmail.com

18 J.U. Matola Ministry of Economic Planning &

Development

upilematola@yahoo.com

19 Elsie Salima Ministry of Economic Planning &

Development

elsiesalima@yahoo.com

20 Chauncy Mtambo Ministry of Economic Planning &

Development

comkambo@yahoo.com

21 James Banda Land resources and conservation dept.,

Ministry of Agriculture and Food

Security

greencatjack@yahoo.com

22 C. Phangaphanga Ministry of Trade and Industry clementphangaphanga@yahoo.co.uk

23 M.K. Mwanyongo Environmental Affairs Department minongwa@yahoo.com

24 F. Liuma Polytechnic, University of Malawi fmliumna@gmail.com

25 G.G. Kaliwo Polytechnic, University of Malawi Mbgkaliwo40@gmail.com

26 John Mlava Bunda College Mlava59@yahoo.com

27 J.B. Chimphamba Chancellor College 28 C. Mwambene CURE cmwambewe@gmail.com

29 Zwick Jere Total Land Care sdi@malawi.net

30 A. Namwaza Habitat for Humanity anamwanza@habitata.mw

31 R. Kafakoma Landnet

32 John Chome UN-Habitat John.chome@undp.org

33 N.J. Mulenga Private nyami@live.co.uk

34 M. Chilenga TF and Partners Legal firm mchilenga@hotmail.com

35 S. Nathambwe ELMC nathambwe@msn.com

36 Joe Kantema Commissioner for Lands, Min of

Lands & Housing

realty@eomw.net

37 Felix Tukula Commissioner for Physical Planning,

Min of Lands & Housing

felixtukuka@yahoo.co.uk

15

38 O. Matope Deputy Commissioner for Lands, Min

of Lands & Housing

oscaralumasi@yahoo.com

39 K.D. Kanthunkako Lands department, Min of Lands &

Housing

40 G.P. Chilinde Physical Planning Dept, Min of Lands

& Housing

gchilinde2003@yahoo.co.uk

41 F. Mukhupa Policy & Planning Dept, Min of Lands

& Housing

francismukhupa@yahoo.com

42 Mike AK Chigowo Policy & Planning dept., Min of Lands

& Housing

chigowomike@gmail.com

43 E. Njoka Physical Planning dept, Min of Lands

& Housing

elvisnjoka@yahoo.com

44 WM. Chalemba Regional Commissioner for lands

(north), Min of Lands & Housing

wchalemba@yahoo.com

45 F. Mangani Regional Commissioner for lands

(center), Min of Lands & Housing

felixmangani@yahoo.com

46 Brian Manda Director of Policy and Planning, Min

of Lands & Housing

Brianmanda2000@yahoo.com

47 A.O. Thumba Min of Lands & Housing athumba@yahoo.com

48 MJK. Chiundira Housing Dept., Min of Lands &

Housing

mjkchiundira@yahoo.com

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 masidambano@gmail.com

54 Jeff Mzembe Surveys Dept, Min of Lands &

Housing

jeffmzembe@yahoo.com

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 gracebanda82@undp.org

66 S.C. Kandulu Min of Lands & Housing m_kanduluchisale@yahoo.com

67 Hoseana Gebru IFPRI Washington DC h.g.hagos@cgiar.org 68 Paul Jere LGAF Country Coordinator pjere@globemw.net

69 Assa Maganga Assistant LGAF Country Coordinator arthurmaganga@yahoo.com

16

Annex 2: LGAF Policy Dialogue Meeting participants

Name Organization Email Address

1 C. Kulemeka Lilongwe City Council

2 EH. Kaipa Blantyre City Council kaipaeliza@yahoo.com

3 Gift Banda Mzuzu City Giftbanda2@yahoo.com

4 A.K. Chirambo Mzuzu City Council Alex1chirambo@yahoo.com

5 E. Chipangula Deputy Principal Secretary Min of Lands

and Housing (MoLH)

echipangula@yahoo.com

6 Joe Kantema Commissioner for Lands, MoLH really@eomw.net

7 Felix Tukula Commissioner for Physical Planning

(MoLH)

felixtukula@yahoo.co.uk

8 W. Chalemba Regional Commissioner for Lands (north)

MoLH

wchalemba@yahoo.com

9 K.K. Ngwira Regional Commissioner for Lands (south),

MoLH

kwamengira@gmail.com

10 F. Mangani Regional Commissioner for Lands (center)

MoLH

felixmangani@yahoo.com

11 Brian Manda Director of Policy and Planning, MoLH Brianmanda2000@live.com

12 Oscar Matope Deputy Commissioner for Lands, MoLH oscaralumasi@yahoo.com

13 Francis Mukhupa Economist, Policy & Planning Dept,

MoLH

francismukhupa@gmail.com

14 Mike Chigowo Economist, Policy & Planning Dept,

MoLH

chigowomike@gmail.com

15 K.D. Kanthunkako Lands department, MoLH

16 GP. Chilinde Physical Planning dept, MoLH Gchilinde2003@yahoo.co.uk

17 E.W. Njoka Physical Planning Dept, MoLH elvisnjoka@yahoo.com

18 Blessings Mpanga Physical Planning bh.mpanga@gmail.com

19 E.S Kachule Physical Planning

20 M.S. Mzunzu Dept. of Surveys, MoLH mzunzumH@malawi.net

21 Jeff Mzembe Surveys Dept, MoLH jeffmzembe@yahoo.com

22 TEC Mwale Dept. of Housing, MoLH temwah@yahoo.co.uk

23 MJK. Chiundira Dept. of Housing mjkchiundira@yahoo.com

24 A.O. Thumba MoLH athumba@yahoo.com

25 L.K. Chikopa MoLH

26 L.C. Yatala MoLH

27 K. Mpelembe MoLH

28 J.P. Chikwemba MoLH jpchiwemba@yahoo.co.uk

29 S.C. Kandulu MoLH

30 T.R. Senzani MoLH nachanza64@yahoo.com

31 Masida Mbano Surveys Dept. masidambano@gmail.com

32 Paul Kwizombe MoLHUD paulkwizombe@yahoo.com

33 Judith Chimpepa MoLHUD JudieCh.mpepa@yahoo.com

34 Hastings Chinyamula MoLHUD chinyamula@yahoo.co.uk

35 C. Mtambo MEPD comtambo@yahoo.co.uk

36 CB. Phangaphanga Ministry of Industry and Trade clementphangaphanga@yahoo.com

37 L. Karonga Ministry of Tourism ckaronga@yahoo.com

38 DPS. Chione Ministry of Irrigation and Water Dev. chinedps@yahoo.com

39 M.K. Mwanyongo Environment Affairs Department minongwa@yahoo.com

17

40 C. Kalemba Lilongwe District Council Ckalemba@hotmail.com

41 Thom Zinga Ntcheu District Council zinga@gmail.com

42 T.A. Chikumbu Mulanje District Council Nettachikumbu@yahoo.com

43 Jack Kafoteka Mulanje District Council Jack.nguluwe@yhahoo.com

44 BC. Mandere Rumphi District Council bestzimandere@yahoo.com

45 T.A. Kalolo Lilongwe District Council

46 Snr. Chief Chimwala Mangochi District Council

47 Etta Mmangisa UNDP etta.mmangisa@undp.org

48 J.B. Chimphamba Chancellor College, UNIMA jameschimphamba@chanco.unima.mw

49 G. Kululanga Principal, Polytechnic, UNIMA gkululanga@poly.ac.mw

50 GG. Kaliwo Polytechnic, UNIMA mbgkaliwo40@gmail.com

51 FM. Liuma Polytechnic, UNIMA fmliuma@gmail.com

52 Chris Mwambewe CURE cmwambewe@gmail.com

53 S. Jali Total Land Care samsonjali@yahoo.com

54 John Makina Oxfam jmakina@oxfam.org.uk

55 Jenny Brown EU Delegation jenny.brown@eeas.org

56 John Chome UN-Habitat john.chome@undp.org

57 Jacob Nankhonya Blantyre Newspapers Ltd (BNL) Jacob.nankhonya@gmail.com

58 Gabriel Kamlomo BNL kamlomog@gmail.com

59 Charles Vintula Malawi Broadcasting Corporation (MBC) cvintulla@yahoo.com

60 Suzgo Chitete MBC chitetesuzgo@gmail.com

61 Benard Ndege MBC-TV benardndege@yahoo.co.uk

62 Felix Washon MANA fwashon@yahoo.com

63 James Kumwembe CFC Radio jameskumwembe@yahoo.com

64 Wilson Henry Star Radio wilsonhenry@yahoo.com

65 Eric Msikiti FM 101 Power

66 Mercy Dube MIPP dube_mb@yahoo.com

67 Fazilla Tembo African Press Agency fazilatembo@yahoo.com

68 Enock Balakasi Joy Radio ebalakasi@gmail.com

69 Linda Likomwa Malawi News Agency likomwdinda@yahoo.com

70 Edwin Mauluka Radio Maria edwinmauluka@gmail.com

71 Steve Chilundu Capita FM chilundus@yahoo.com

72 Hosaena Ghebru IFPRI, W-DC h.g.hagos@cgiar.org

73 Paul Jere LGAF Country Coordinator pjere@globemw.net

74 Assa Maganga Assistant LGAF Country Coordinator arthrumaganga@yahoo.com

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