Evolution of land policies and legislation in Malawi and Zimbabwe: implications for forestry development

Mataya, Charles; Gondo, P.; Kowero, G.S.

doi:10.4314/zsn.v36i1.18555

Cited by 8 publications

(8 citation statements)

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“…The ownership of land was not vested in them. Land markets did not exist and access to land was guaranteed by individuals' allegiance to the chief or clan head [21].…”

Section: Methodology and Analysis Of The Changes In The Meaning Of Customary Landmentioning

confidence: 99%

“…However, the ownership of land in this system is not absolute ownership, but to occupy and use. Although it is well known that traditional chiefs have power over customary land, the ownership of customary land does not belong to them [21]. Land titling in Africa is a recent development and for a long time there was no system for registering who owned or had rights to use the land in most parts of Africa.…”

Section: Understanding Land Grabbing and Customary Land Tenure In Africamentioning

confidence: 99%

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Analyzing the Changes of the Meaning of Customary Land in the Context of Land Grabbing in Malawi

Bae

2021

Land

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Ordinary Malawians who live in customary land have been suffering from land grabbing due to their weak and ill-defined land rights. Although Malawi has experienced a number of land reforms that should have contributed to strengthening customary land rights, many people in customary land still suffer from land grabbing. Accordingly, it is important to understand the factors that lead to land grabbing in customary land in Malawi. Thus, by looking at the overview of land laws and policies throughout history, this study has two aims: (1) to analyze the historical changes in the meaning and position of customary land in Malawi and (2) to analyze the land grabbers in Malawi before, during, and after the colonial era. In order to achieve the main goals, this research mainly analyzes land laws and policies connected to customary land in Malawi. The main findings of this research are that (1) the meaning of customary land changed before and after the colonial period, but little has changed between the colonial period and the present. Since the creation of land laws during the colonial period, the land rights of the people who live in customary land have not been secured, and (2) the land grabbers changed from the British colonial rulers and European settlers to the Government of Malawi. Further, with the recent land laws, such as Land Act 2016 and Customary Land Act 2016, wealthy Malawians may become new land grabbers who can afford to obtain the customary estate grants. By examining the main results, it was found that from the colonial period until the present, customary land has been vulnerable to land grabbing as its weak position still resembles that of the colonial era. Thus, Malawi appears to face significant challenges in amending its customary land laws for the benefit of the poor.

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“…The ownership of land was not vested in them. Land markets did not exist and access to land was guaranteed by individuals' allegiance to the chief or clan head [21].…”

Section: Methodology and Analysis Of The Changes In The Meaning Of Customary Landmentioning

confidence: 99%

Section: Understanding Land Grabbing and Customary Land Tenure In Africamentioning

confidence: 99%

Analyzing the Changes of the Meaning of Customary Land in the Context of Land Grabbing in Malawi

Bae

2021

Land

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“…The displacement of lineage leaders such as chiefs and headmen, as well as spirit mediums, was viewed as an overall strategy for land expropriation during colonial times (Mataya et al 2002). With respect to Mufurudzi, the lineage leaders who constitute exogenous religious leaders include chiefs such as Nyamaropa in the north, Madziwa in the west and Bushu in the south (Figure 2), who are heirs to displaced lineage leaders.…”

Section: Exogenous Institutionsmentioning

confidence: 99%

Voices from the Past and Echoes of the Future: Management of Forest and Woodland Resources by Local Religious Institutions within the Mufurudzi Resettlement Scheme in Zimbabwe

Mukwada¹

2008

JEA

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The existing body of literature on community-based natural resource management suggests that local institutions are a mainstay, particularly for the management of plants and animals upon which communities depend for livelihood. However, evidence from the Mufurudzi resettlement scheme in Zimbabwe refutes this assertion. This paper examines the effectiveness of local religious institutions in the management of forest and woodland resources at the micro-level. In this setting, communities were "grafted;" that is, their members were arbitrarily selected for resettlement without consideration for the diversity of their cultural backgrounds or whether they were neighbors to one another prior to resettlement. Based on the analysis of the roles of these institutions, this study demonstrates that the effectiveness of the institutions is constrained by their waning legitimacy within the local community, by their geographic disjunction from the resource base, and by the impact of multiple stressors resulting from an unstable macroeconomic climate. I conclude that these factors undermine the stewardship role of religious institutions and create opportunities for resource commercialization, thus in the process precipitating resource overexploitation and decline.

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“…Botswana, it appears, has succeeded in integrating customary norms and practices with statutory law (ITTL 2003). However, Malawi did the opposite, as communities lost land in favour of public and private landholding categories, and between 1983 and 1990, approximately 104,433 ha had been lost (Mataya et al 2003). Some countries, e.g.…”

mentioning

confidence: 98%

Who owns Africa’s forests? Exploring the impacts of forest tenure reform on forest ecosystems and livelihoods

Barrow

Kamugisha-Ruhombe²,

Nhantumbo

et al. 2016

Forests, Trees and Livelihoods

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Evolution of land policies and legislation in Malawi and Zimbabwe: implications for forestry development

Cited by 8 publications

References 0 publications

Analyzing the Changes of the Meaning of Customary Land in the Context of Land Grabbing in Malawi

Analyzing the Changes of the Meaning of Customary Land in the Context of Land Grabbing in Malawi

Voices from the Past and Echoes of the Future: Management of Forest and Woodland Resources by Local Religious Institutions within the Mufurudzi Resettlement Scheme in Zimbabwe

Who owns Africa’s forests? Exploring the impacts of forest tenure reform on forest ecosystems and livelihoods

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