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The High Court’s Constitutional Court in Blantyre is this Friday set to deliver judgment in a high-profile land matter in which Pacific Limited is challenging provisions of the Land (Amendment) Act and the Customary Land (Amendment) Act, arguing they are unconstitutional and discriminatory.
Justices set to deliver the verdict are Jabbar Alide, Chimwemwe Kamowa, and Dick Sankhulani. Attorney General (AG) Frank Mbeta, assisted by counsel Neverson Chisiza and Francis MacJessie, is representing the Ministry of Lands, while Modecai Msisha, SC, and Bright Theu are appearing for Pacific Limited.
Pacific Limited contended that the amendments unfairly restrict property rights and discriminate against certain groups, particularly regarding land ownership by non-citizens and the definition of “indigenous Malawian.”
The company has asked the Court to invalidate the provisions, claiming they violate constitutional guarantees of equality, property rights, and economic freedom.
The AG has strongly defended the laws, insisting they were enacted through a transparent and democratic process following extensive consultations. The State argued during the hearing that the burden of proof lied with Pacific Limited to demonstrate clear constitutional violations, which they said the claimant had failed to do.
Mbeta told the Court that the amendments were designed to address longstanding concerns about Malawi’s land laws, which stakeholders, including rural communities, traditional leaders, and civil society, had criticised as rushed and flawed when first enacted in 2016.
Court records show that Pacific Limited owns 143 leasehold and freehold properties.
The State maintains that the amendments meet the constitutional test of proportionality, balancing individual rights with the broader interests of society.
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