Power Relations and Security of Tenure in Malawi's Land Law

Abstract

"Security of tenure has been identified as a key variable for motivating investment in agriculture and improving food security. In discussions security of tenure is sometimes taken to mean individual freehold. This is a misunderstanding. Security of tenure can be achieved for all forms of tenure, including commons. Security of tenure is, however, closely tied to the organisation of legitimate power in a society. Security of tenure requires rule-of-law and transparency of public management decisions. The paper will outline the structure of legitimate power over land rights as defined by Malawian statutory law and customary law. Security of tenure is a basic part of both customary and statutory law. In 1995 Malawi started a process of land policy reform. Based on various investigations the government issued its policy document 'Malawi National Land Policy' in 2002. Increasing the security of tenure is a major goal. The proposal of the government will be studied and assessed in relation to how it will affect security of tenure."