Land Act (Cap. 57:01)

LAWS OF MALA\Vl Land CHAPTER 57:01 LAND ARRANGEMENT OF SECTIONS SECTION l. Short title 2. Interpretation PART I PRELIMINARY 3. Protection of authorized ollicer PART II GENERAL 4. Powers of corporations to hold land Cap. 57:01 5. Minfaler's power to dispose of public land or customary land 6. Financial penalty for delay in payment of rent 7. Minister may appoint duly authorized oflkers PART lil Punt.re LANn 8. Vesting of public land 9. Use and occupation of Government land 10. Unlawful use of public land to be an offence PART IV PR!VA1E LAND I I. Minister may accept surrenders 12. Minister may relieve from liability to perform covenants, etc. 13. Implied covenants in leases 14. Minister's power of re-entry 15. Exceptions and reservations 16. Revision of rent 17. Matters not to be taken into account 18. Procedure on alteration of rent 19, Surrender in lieu of revision of rent 20. Compensation for improvcmetfls on surrender 21. Acceptance of rent not to waive breach of covemmt 22. Authorized officer may distrnin 23. Service of notices 24. Fees 24A. Prior written notification to Minister of intention to sell, etc., private land L.R.O. 1 I 1975 LAWS 01' MALA \\II Cap. 57:01 Land PART V CUSTOMARY LAND 25. Vesting of customary land and mineral rights thereof in President 26. Minis\er to administer aud control cuslomary land and mineral rights thereof 27. Acquisition of customary land for public purpose 28. Compensation to individuals for loss, damage or disturbance 29. Land no longer needed for public purpose 30. Conversion of customary land to registered land PART VI USER OF LAND 3 l. Minister's power to regulate, manage or control the user of land 32. Failure to comply with regu\11tions, directions or instructions 33. Powers of entry on land 34. Obstruction and penalties 35. Vesting of land after termination of right to occupy 35A. [Repealed by 21 of 1970] PART VII TRESPASS OR ENCROACHMENT UPON, 0Jt UNLAWFUL OCCUPATION OF, LAND 36. Summons in a Magistrates' Court for trespass, encroachment or unlawful occupation Summom in a Traditional Court for trespass, encroachment or unlawful occupation Right of the defendant to remove from the land any property legally or equitably belonging to him 37. Procedure PART Vlll M ISCE! .LA NEOUS 38. Minister to act subject to the directions of the President 39. Minister empowered to make regulations 40. Certificate of Minister to be prima facie proof 41. Minister's powers of delegation 42. Minister's power to adapt or modify other laws 43. Saving Schedule LAWS OF MALA \VI Land CHAPTER 57:01 LAND Cap. 57:01 An Act to make provision with regard to land in J\fohnli and for matters incidental thereto PART 1 PRELIMINARY 1. This Act may be cited as the Land Act. [7TH JU:NE, 1965) 2. In this Act, unless the context otherwise rcquires "authorized officer" means an ofilccr in th.e Pubtic Service duly authorized by the Minister for the purposes of this Act or any Part thereof; "customary land" me[IUS all land which is held, occupied or used under customary law, but does not inch.ide any public land; "customary law" means the customary law applicable in the area concerned; "existing laws" means any law contained in the Sdlcduk or any law which was repealed or replaced by any such law; "existing Orders" means the Orders in Council specified in Part J of the Schedule; "Governmei1t land" means all public land other than public roads; "lease" includes an agreement for ;i lease, and any reference to a lease shall be construed as a reference to a lease granted under th.is Act or the existi11g \aws; "Traditional Court'' means a Traditional Court established under 25 of 1965 50 of 1965 12 of 1966 8 of 1967 22 of 1967 37 of 1967 1 of 1969 34 of 1969 21 .,r 1970 7 of 1974 5 of 1976 1 of 1981 G.N. 137 /1966 Short !itlc lntcrprcl()· lion section 3 of the Traditional Courts Act: C<1r. 1:0~ "magistrate" means a Resident Magistrate or other grade magis trate exercising jurisdiction in the area concerned: ''magistrate·s court" means any subordinate court constituted under section 54 of the Courts Act: Cir. J :02 "private land" meal\s all land which is owned, he\d or occupied under a freehold title, or a leasehold title, or a Certificate of Claim or which is ·rcgiskrcd as private land un<ler the Registered Land Act:. C;cip. 58:01 L.R.O, 111982 LAWS OF MALA\\'I Cap. 57:01 Land "public land" means all land which is occupied, used or acquired by the Government and any other land, not being customary land or private land, and includes 5 of 1976 (a) any land held by the Government consequent upon a reversion thereof to the Government on the termination, surrender or falling-in of any freehold or leasehold estate therein pursuant to any covenant or by operation of law; and (b) notwithstanding the revocation of the existing Orders, any land which was, immediately before the coming into operation of this Act, public land within the meaning of the existing Orders; "public road" means a public road as def,ncd in and by section 3 Cap. 69:02 of the Public Roads Act; Protection of author izrd ofliccr Power~ of cc,rporations lo hold land Cap. 46:03 3 Edw. 7. c.69 "rules of good husbandry" means, due regard being given to the character and situation of the land in question (a) the maintenance of the land (whether arable, wood land ,or pasture) free from harmful weeds, clean and in a good state of cultivation and fertility and in good condition; (b) the maintenance and clearing of drains, earthworks and access roads ; (c) the maintenance and proper repair of fences, hedges and field boundaries; (d) the execution of repairs to any building upon the land; and (e) such rules of good husbandry as may be prescribed or required under this Act or under any other law. 3. No suit, prosecution or other legal proceeding shall lie in their personal capacities against any authorized otnccr. or against any person acting under his authority, for anything in good faith done or omitted or intended to be done under this Act. PART II GENl:RA!. 4,--( I) Land shall not be assured to or for the benefit of, or acquired by or on behalf of any body corporate, unless such body corporate is authorized by a licence issued by the President to hold lands in Malawi: Provided that this section shall not npply to a hody corporate incorporated in Mala\vi in accordance with the Companies Act or a body corporate coming within the terms of section 275 of the Companies (Consolidation) Act, 1908. of the United Kingdom in LAWS OF MALA WI Land Cap. 57:01 its application to Malawi, or a body corporate established by or under a written law which empowers it to hold land. (2) A disposition of any estate or interest in land in Malawi to or for the benefit of a body corporate shall, unless such body corporate is authorized in accordance with subsection (1 to hold lands in Malawi, be of no eff e,ct and unenforceable in any court. and any documents of title relating to such unenforceable disposition shall not be registrable in Malawi. (3) The Minister may make rules prescribing the particulars to be furnished, the forms to be used and the fees to be paid in relation to applications for and grants of licences for the purposes of subsection (I). (4) The issue of licences for the purposes of subsection (1) shall be in the absolute discretion of the President and the decision of the President whether or not to issue a licence shall be final and shall not be questioned in any court. 5,-(l) The Minister may make and execute grants, leases or other di.9positions of public or customary land for any such estates, interests or terms, and for isuch purposes· and on such terms and conditions, as he may thi 11 k flt: Minister's power to dispose of public land orcusto· mary land Provided that the Minister shall not make any grant of customary land for an estate greater than a lease for 99 years. (2) The Minister shall, in every grant of a lease of public or customary land, reserve a rack-rent in respect thereof: Provided that (a) the Minister may, in his discretion, reserve a rent which is less than a rack-rent in leases granted under this section to local government or public utility bodies, statutory corpora• lions, Chiefs, missions or religious bodies, scientific and philan thropic bodies, or any other organizations, associations, bodies or undertakings: (b) where, having regard to all the circuP1stances of the case the Minister is satisfied that it is neither expedient, equitable or necessary to reserve a rack rent in any lease granted, or to be granted, under this section, he may, in his discretion, reserve in any such lease a rent which is less than a rack rent. 6.--,....-(l) If any moneys due to the Government in respect of any rent ,payable under any lease or right to occupancy of land or any other agreement relating to the occupation or use of land made under this Act or any other law remain unpaid at the end of a peri9d of ninety days after the same became due and payable, the amount so remaining unpaid shall, at the end of such period, be increased by a penalty equal ·to one-tenth of the sum so remaining unpaid, or by a penalty of ten shillings •.. financial penalty for delay in payment of rent LR.O. J ,1196'! Minister may appoint duly author i1.ed officers Vesting of public land Use and occupation of Govern ment land Unlawful use of public land to be an offence LAWS 01, MALAWI Cap. 57:01 Lwuf whichever is the greater, and the penalty imposed under this section shall be deemed to be part of such moneys and shall be recoverable by the Government in the same manner as such moneys are recoverable. (2) The imposition of a penalty under this section shall not affect the powers conferred upon the Minister by section 14 to enforce forfeiture of a lease and to re-enter upon land on the breach, or non-observance by a lessee of any of the covenants or conditions contained or implied io the lease. (3) The exercise by the Minister of the powers conferred by section 14 to enforce a forfeiture and re-enter upon land shall not affect the right of the Government to recover rent or any moneys due to the Government under subsection (1). (4) The Minister may in any case or class of cases, if he considers that the circumstances so warrant, exempt the lessee from payment of any penalty due by the lessee under subsection (J), 7. The Minister may appoint such authorir.:ed officers for the administration of this Act as he shall think lit, which officers shall be known by such styles or titles as the Minister may direct, and shall undertake such duties and exercise such powers as are specified in this Act or in any regulations made thereunder. PART Ill Punuc LAND 8. All public land is vested in ,perpetuity in the President. 9. No right of entry into any Oovernment land shall be implied in favour of any person and the use and occupation of all Government Jand, other than Government land reserved for the use and occupation of the President, shall be controlled by the Minister. to. Any person who uses or occupies any public land and is not entitled to such use or occupation by virtue of a valid grant, lease or other dispo8Won made by lhc Minister under any Jaw for the time being in force at the date of such grant, lease or dis posit ion. shall he Jin ble to a Ii nc of £ 100 and to imprisonment for six months, and, in the case of a continuing offence, to a further fine of £5 in respect of every day during which the offence continues. LAWS OF MALA \YI Land PART IV PRIVATE LAND Cap. 57:01 11. The Minister may accept the surrender of any lease made Minister under this Act or the existing laws, or any amendment thereto may a~,ccpt . . . ' snrrcnuers on such terms and cond1t10ns as he may thmk fit. 12. The Minister, may, in his discretion, wholly or partially relieve any person from the liability to perform or observe any covenant, condition, agreement or stipulation binding on such person by virtue of any grant, lease or other disposition made under this Act or the existing laws, and may extend the time for the performance or observance of any such covenant, condition, agreement or stipulation. 13. In every lease granted under this Act there shall be implied such covenants with the Minister by or on behalf of the lessee as may be prescribed to the intent that such covenants shall continue in ful! force and effect (save where earlier satisfied) throughout the term granted: Provided that any such implied covemmt may, in the Minister's discretion, be expressly excepted from any such lease by the tenns thereof, or may be expressly modified or varied thereby to such extent as the Minister may direct. 14. On the breach or non-observance by a lessee of any of the covenants or conditions contained or implied in his lease, and on behalf of the lessee to be performed or observed, or if the lessee shall fail or neglect to comply with nny orders, directions or instructions made or given under this Act, or if the lessee, or any one of them if more than one, shall become bankrupt or make any assignment for the benefit of his creditors or enter into an agreement or make any arrangement with his creditors for the liquidation of his debts by composition or otherwise, or shall suffer any execution to be levied on his effects, or, in the case of a lessee being a company, shall go into liquidntion whct11cr voluntary (save for the purpose of amalgamatio11 or reconstruc~ tion) or compulsory, then and in any of the said cases, the Minister may, without prejurlicc to any other right which he may have in {aw or in equity, determine the [case by notice in writing to the lessee or by re-entry on any part of the demised premises in the name of the whole. Minister may relieve from Jia. biJitylo perform covenants etc. hnplied CO\ cnants in leases Minister', power of re entry 15.-( 1) Unless otherwise expressly stated in the lease there shall E;,;ception~ be implied in every lease exceptions and reservations of the and rescrv-1 tions following in favour of the Minister- 1 of 1981 (a) All mines, royal and base minerals, mineral substances of every description, mineral oil deposits, quarries, gravel, L.R.O. 1/1982 Cap. 61 :01 Cap. 61:01 Revision of rent LAWS OF MALA \\'I CJp. 57:01 Land stone, flints, chalk, sand, clay and other valuable earths upon, in or under any part of the demised premises with liberty to the Minister and any duly authorized olllccr to enter, search for, dig, win, take dress, make merchantable and carry away the same at his or their pleasure and to sink necessary pits and shafts, erect buildings and fix machinery and works they doing no wilful damage and making to the lessee reasonable com# pensation fot any actual damage which he may sustain and a pro rota abatement of rent being allowed in respect of the extent of the surface so occupied or interfered with: Provided always that the lessee may in accordance with the Mines and Minerals Act take from the demised premises for his own use any limestone and other materials suitable for Building, road metalling or agricultural purposes so long as such limestone and other materials or any products manufactured therefrom are not sold for profit. (b) The right, subject to any prior grant, lease or other disposition by the Minister thereof, to control, use or make dispositions of interests or rights in any running or stagnant water, the whole extent of which is not included within the boundaries of the demised premises. (c) Rights of way with or without vehicles or animals across the demised premises to and from any public land or fand in the occupation of any lessee, tenant or licensee of the Minister. (d) A right for any authorized officer with or without others to enter upon the demised premises and every tx,rt thereof including buildings thereon at all reasonable times for all reasonable purposes. (2) Nothing in this section shaJJ prejudice, or be deemed ever to have prejudiced, the vesting of minerals in the President or a Minister under any law relating to minerals for the time being in force (whether before or after the commencement of the Mines and Minerals Act). 16. (I) There shall be implied in every lease ~ en e-r tfter tlre 30th d.ry- of ~r, l9-t7, a right on the part of the Minister to revise the rent thereby reserved.a-t +nter~, eitMr (a) eorre-sportd-in-g respectively to one-third· and two*thirds of the term of the lease; or ( b )·of seven years, whichever intcrva1~ 1s the less. {2) Jn !he case of kase.~ ma<le before the 30th day of September, 1967, whcther before or- after the commencement of this Act, the Minister may reviso the rents thereby reserved at any time, and after such first revision of those rents he may from LAWS OF MALA WI Land Cap. 57:01 time to time further revise those rents at intervals either corre sponding respectively to one,.third and two-thirds of such portion of the term of the lease ~ s a remains unexpired at the date of the first revision, or, of seven years whichever interval is the less. 17. In revising any rent the Minister shall not take into consideration any enhanced value of the demised premises attri butable to improvements effected thereon by the lessee during the term of the lease. Matters not to be taken into account 18.-(1) If the Minister decides to alter a rental on revision, he Procedure shall cause the lessee to be notified in writing of the amount of on alteration the revised rental and the date from which it shall become payable, of rent which date shall not be less than six months from the date of such notice. (2) If the rental shall be increased on such revision, and if, within six months of the date of the notice, the lessee does not notify the Minister in writing that he objects to the revised rental and intends to terminate his lease in accordance with section 19, the revised rental shall become payable as from the date specified. 19,-(l) If the lessee notifies the Minister of his intention to terminate his lease under sectim1 18, he may surrender his lease to the Minister at any time before the date specified as the date on which the revised rental shall become payable, (2) If the lessee fails to surrender his lease before such date the lease shall continue in full force and effect and the revised rental shall become payable as from the date specified. 20, lf the lessee shall surrender his !ease in accordance with section 19, he shall, upon registration of a Deed of Surrender in the Deeds Registry, be entitled to such compensation in respect of any improvements effected by him upon the demised premises during the term as the Minister may determine to be reasonable in all the circwnstances. 21. The acceptance by the Minister of any rent reserved by a lease, or any part thereof, shall not constitute or be construed as a waiver of any previous breach by the lessee of any of the covenants or conditions contained or implied in the 1ease and on his part to be performed and observed. Surrender in lieu of revision of rent Compensa· tion for im provements on surrender Acceptance of rent not to waive breach of covenant 22. An authorized officer may distrain for any rent due in Authorized respect of any land granted, leased or otherwise disposed of 0d!fice~ may d h. A h · · l d h 1stra1n un er t 1s. ct or t e ex1stmg aws, or any amen ment t ereto. 23. Any notice required to be given under this Act or under Seryice of any grant, lease or other disposition of land made thereunder, notrces shall be deemed to be sufficiently served on a grantee, lessee or other person in favour of whom such other disposition is made, if LR.O. !{1982 LAWS OF MALA\-'\'l Cap. 57:01 Land addressed to him by prepaid registered post at his last known address, or, if such grantee, lessee or person is a company, at its registered office, or principal office or place of business in Malawi, and on the Minister if addressed to him by prepaid registered post at the Central Government Offices, Lilongwe. Fees 24. The prescribed fees shall be payable in respect of such matters as may be prescribed : Prior written notification to Minister of intention to sell, etc., private land 7 of 1974 Vesting of customary land and mineral rights thereof in President l of 1981 Provided that in any special case the Minister may remit or reduce any such fee. 24A.---{l) Any person who 1ntends to offer for sale or otherwise to convey, lease, transfer or assign any private land shall, not less than thirty days before he makes such offer or otherwise conveys, leases, transfers or assigns, give notice in writing to the Minister of his intention. In this subsection "sale" includes any manner of selling or letting by bids. · (2) Any person who acts, or attempts to act, in contravention of the provisions of subsection (l) shall be liable to a fine of one thousand l(wacha and to imprisonment for a term of twelve months. (1) Nothing in this section shall apply to (a) any offer of sale, conveyance, lease, transfer or assignment by or direct to the Government; (b) any agreement to lease, or any lease, for a non.renewable term of not more than three years; (c) any sale pursuant to any order of court or by any officer in the public service acting in his olHcial capacity and pursuant to any written law; (d) any mortgage or other hypothecation by way of security for repayment of money lent in good faith or for the due per formance of the terms and conditions of any contract entered into in good faith; Provided that this paragraph shall not apply to any mortgage or hypothecation given for the purpose of the evasion or avoidance of the provisions of this section. (4) The Minister may, by regulations published in the Gazette, prescribe forms for the purposes of this section. PART V CUSTOMARY LAND 25. AH customary land is hereby declared to be the lawful and undoubted property of the people of Malawi and is vested in perpetuity in the President for the purposes of this Act. LAWS OF r-.JALA WI Land Cap. 57:01 10a 26. The Minister shall, subject to this Act, and to any other Minister to [aw for the time being in force, administer and control all admd inistter 1 I d d II . I . d an con ro customary an an a mmera s 10, un er or upon any customary customary land, for the use or common benefit, direct or indirect, of the lai id and inhabitants of Malawi· n;imcral . rights Provided that a Chief may, subject to the general or special thereof directions of the Minister, authorize the use and occupation of any customary land within his area, in accordance with cus~ tomarylaw. 27.-0) Wherever it appears to the Minister that any cus~ Acquisition tomary land, is ~ecded for a public p urpose, t~at is to say a ~a~~sl~~d purpose which· 1s for the beneftt, direct or indirect, of the for public community as a whole, or a part of the community, he may purposes declare, by notice under his hand and published in the Gazette, 1 of 1969 that such land is public land, and thereupon such land shall become public land: Provided that this subsection shall not apply to any customary land required for use as a public road or for !he widening or L.R.O. 1 /1982 LAWS OF MALA WI Land Cap. 57:0l 11 diversion thereof, but such land shall be acquired for such purpose under or in accordance with the Public Roads Act. Cup. 69:02 (2) Whenever any customary land is required for temporary use for a public purpose, such use 11ot being in lhc opinion of the Minister likely to necessitate occupation for a period in excess of 7 years, the Minister may authorize the temporary use and occupation of the land for such public purpose. and such land shall remain customary land throughout the period of temporary use and occupation: Provided that, on the expiry of such a period, the Minister may authorize such temporary use and occupation for a further period of three years. 28. Any person who, by reason of {a) any grant, disposition. pcrmi! or licence of or in respect of customary land, made or given by the Minister under section 5; (b) any declara~ion made under scctiol) 27 ( 1) that nny such land is public Jane.I; or ' (c) the temporary use and occupalion of customary land under section 27 (2), suffers any disturbance of, or loss or da111age to any interest which he may have or, immediately prior to the happening of any of the events above mentioned in this section, may have had in such land, shall be paid such compensation for such distur• bance, loss or damage as shall be reasonable. 29.---({) Whenever it uppcnrs {q {he t-.ti11istcr {hat any public lam: is surplus to the requirements of the Government, lie shu11 so declare by notice made under his hand and published in the Gazette, and thereupon such land shall become customary land. (2) Notwithstanding any other provision of this Act, the Minister may give to any Chief directions relating to the disposition of customary land, or the occuriation thereof by any persons or classes of persons specified in such directions, and may by such directions restrain any native authority or other person from procuring the removal of any such persons or classes of persons from customary land. (3) The Mini8ter may take such action as he may deem necessary to ensure compliance with any directions given by him under this section. 30. Nothing ill this Act shall be cc1nslnicd as prevcnring the application of the Customary Land (Development) Act to any customary land and the subsequent rcgi~trntion of such land under the Registered Land Act as private html. MAU.WI Vol. VIIJ-Sig 19 C()mpcnsn tion to in dividaals for loss. damage or dis turbance Lani! nc) lonr,cr needed ror public purpose I of 1969 ( ~t ~nvcrsiun l)r CllStU" r11ar1· land to rcr,istcrcd land Cap . .59:0l Cap . .58 :01 l.,,R.O. 1/ 1970 Minister'6 power to rcgtilate, manage or control the user of land I of 1969 Fai re to comply wilh regulations, directions or iostrucdons I of 1969 Cap. 57:01 LAWS OF J\1Al,A WI Lmul PART VI UseR or LAND 31.~(1) Subject to this Act, the Minister may, from time to time, by Order under his hand and published in· the Gazette, or by regulations made under section 39, or by directions or instrucN tions made or given by him in writing in any individual case, make provision for regulating, managing and controlling the ust!r of all land other than public land or private land situate within a Municipality or Township. (2) Without derogation from the generality of subsection (1), any such Order, regulation, direction or instruction, may make provision regulating and controlling the use to which land may be put, the method of cu!t;v; 1tion and growing of crop.~ and keeping livestock, the maintenance or proper drainngc of such land and the fencing, hedging and modes of access to such land, the preservation and protection of the source, course and banks of slrearns and g~neia\\y for \he good mnnagcmcnt and conserva t1on of the soil, water, wood!iwd, pasture mnl 0!11er naturn! resources thereof. Different Orders, regulations, directions or instructions may be made or given by the Minister in respect of different aieas of land. (3) If any person contra vencs this section, or ,my regulation, direction or instruction made or givein thereunder, he shall be liable to a fine of £ 100 and to imprisonment for six n1,0nths, and, in the case of a continuing ollencc, to a further fine of £5 for every day during which the offence continues. (4) .If any pcrso11 is con\'ictcd of an ollcncc under this sec(ion, the Minister may by notice under his hand terminate that person's right (however arising) to occupy land in respect of which such offence was committed and such person shnlL not more than thirty days after being. given such notice, vacate the land. lf he "ails, omits or refuses so to vacate the land his use and occupation of it shall be unlawr ul. 32.-(1) lf any person fai.ls to comp~y within a reasonable time with the terms of any Order or with any regulation, direction or instruction made or given under section 27 (l) the Minister may by notice in writing under his hand require such person to make su,;:h compliance within such time as the Minister may specify in the notice. (2) If any person to whom notice has been given under sub section (1) fails to comply with the terms thereof within the time specillcd the Minis!cr may hy J'ur!Jicr noJice under his hand terminate that person's right (liowsucver uti...ing) to occupy the land to which the regulation. direction or instruction in question related and sud, person ¼hall, not more than thirty days afler LAWS OF MALA WI Land Cnp. 57!01 being given such further notice, vacate the land. If he fails, omits or refuses to vacate the land his use and occupation of it shall be unlawful. 33. Any authorized ollicer may at all reasonable times enter Powers of upon any land to which section 31 ( () applies for the purpose of entry un ensuring that this Part is being complied with. lu 11 ct 34. If any person obstructs or impedes any person lawfully exercising any powers or performing any functions or duties conferred or imposed upon him by or under this Part, he shall be liable to the penalties provided for in section 31 (3) and subsection (4) of that section s/1al1 as we!! aprly to that person so offending. Obstruction and penalties 35. Where, by virtue of section 3 I (4) or 32 (2), the right of a vesting of person to occupy land is termin:ttc:d by the: Miniskr by Order, !and alter f h l ler()lination then, rom t e date of such Order, sue 1 land shall- or rii::11! 10 (a) if it is held by such person din::ctly under a grant, lease or other disposition of public or customary land made under this Act or the existing la ,vs. rcvcst in the President as pu b\ic land; (b) if it is held by such person under a !ease, Uccnce or other disposition of private land, revest in the person entitled to the land on the termination of the lease. licence or interest created by such other disposition; ( c) in :rny ol her case, hc:curne n",tcd in I he President as public land. 35A. [Rcpealcd·by 21 of 1970). PART VII TRESPASS on ENCR0ACHJ\IENT U\'ON. OR UNI.AWFUL OcClJPAT!ON OF, LAND 36.-( 1) Ir any person trcspa%cs or encroaches upon any public land or any private 1,wd or is deemed under !hi<; Act to be in unlawful use or occupation of :my such land then the magistrate having jurisdiction in tile area \Yllcrc such !and is situated may, upon a sworn complaint being made by the person having lawful title to the land, issue: a summons to such first-mentioned person (hereinafter referred to as the "defendant") requiring him to attend at the court of that magistrate to answer such complaint Upon the hearing of the summons, the magistrate. if he is satisfied that such person has trespassed or encroached upon the land, or is, or is deemed to be, in unlawfo! use or occupation thereof, occupy Summon~ in a M:lµi~ tra1c·s O.;urt for trespass, em:roach mcnt or milnwful occupation LR.O. l / 1971 Summons in a Traditional Court for trespass, en croachment or unlawful occupation Right of the defondant to remove from the lruid any property legally or equitably belonging to him LAWS OF MALA WI Cap. 57:01 Land make an order requiring the defendanl, his family or other depend ants (if any) to vacate the land within seven days, or such otl1er longer period as the magistrate shall determine, of the making of such order by the magistrate. 1f the defendant fails to comply with such an order he may be removed from the land by any authorized officer, police of-licer or officer of the court authorized in that behalf and for that purpose by the magistrate. (2) If any person trespasses or encroaches upon any customary land or is deemed under this Act to be, in unlawful use or occupation of any such land then the Traditional Court having jurisdiction in the area where the land is situated may, upon a sworn comp lain t being made to it by, or on beha If of, the Minister, or by, or on behalf of, the Chief having jurisdiction in that area, issue a summons requiring such first-named person (hereinafter referred to as "the defendant") to attend before the Traditional Court to answer the complaint. Upon the hearing of the summons the Traditional Court may, if it is satisfied that the defendant has trespassed or encroached upon the land, or is deemed to be, in unlawful use or occupation thereof, make an order requiring the defendant, his family or other dependants (if any) to vacate the land within seven days, or such other longer period as the Traditional Court may determine, from the date of the making of the order by the Traditional Court. If such person fails to comply with the order, he may be removed from the land by any authorized officer, police omccr or olli.cer of the Traditional Court authorized by the Traditional Court in that behalf. (3) When determining in accordance \Vith subsection (1) or subsection (2), the period of time which shall be allowed to a defendant within which to vacate the land, the magistrate or, as the case may be, the Traditional Court shall take into considera tion the period of time which may reasonably be required to enable the defenda11t, if he be so minded, for his own use and benefit LAWS OF MALAWI Land Cap. 57:01 (a) to take down, disassemble and remove from the land, or any ·part thereof, any buildings, structure, fence or improve ment of any kind whatsoever which he may have erected upon or made to the land; (b) to harvest, collect, take-in and remove from the land or any part thereof, any crops, plants, trees, shrubs or other matter which he may have sown, planted or cultivated on the land during his occupation thereof; and (c) to remove from the land any chat.tels belonging to bim. (4) The provisions of this section shall be in addition to, and not in substitution for, the provisions of any other law relating to . ejectment from land, 37. The practice and procedure to be observed in any proceed- Proc«lure ings in the magistrate's court or in the Traditional Court under this Part, shall be the practice and procedure prescribed by, in or under the Courts Act and the Traditional Courts Act respectively, cap. 3:02 with such·variation as to forms or otherwise as this Part, and the Cap. 3:03 circumstances of the case, may require. PART VIII MISCELLANEOUS 38, The Minister, in the exercise of his functions under this Act, shall act subject to the general or special directions of the President. Minister to act subject to thi: direc tions of the President 39. Subject to this Act, the Minister may, from time to time, Minister make regulations for any of the purposes of this Act and to give empowkered ffi h d ' ' I b h I . h'b' 10 ma e e ect t ereto an , m particu ar, may y sue regu at1ons pro 1 1t regulations the unlawful or unauthorized use or occupation of land, and may prescribe as penalties for the breach of any such regulation a fine not exceeding K200, or imprisonment for a term not exceeding six months, or both such fine and imprisonment and, in the case of a continuing breach, a further fine not exceeding KIO for everyday during which the breach continues. 40. In any proceedings before a court in which the question Cerlificate arises as to whether or not any land is public land, private land of bMinis ter 1 d 'fl . b , d b th to e pnma or cListomary an , a certt cate purportmg to e s1gne Y e facie proof Minister shall be prima facie· proof that the land is public land, private land or customary land, as the case may be. 41. The Minister may, by notice published in the Gazette, depute any authorhed officer to exercise and perform such of the Minister's powers or duties under this Act as he may specify in the notice. Minister's powers of delegation I of 1969 L.R.O. 1 /1982 Minister's power to adapt or modify other laws Saving Saving with respect to mining Cap. 61 :01 Cap. 57:01 LAWS OF :MALA.\\rl Land 42, The Minister may, by notice published in the Gazette, provide that any other Act, or any subsidiary legislation made thereunder, shall be read and construed witn such adaptations or modifications as may be necessary to bring that Act or subsidiary legislation into confonnity with this Act. 43. Any grant, right of occupancy, disposition, permit or licence made, issued or given under or by virtue of the existing laws (now revoked or repealed) shall be as valid, aud shall have effect, as if they were made, issued or given under this Act. 44. Nothing in this Act shall prejudice the grant or issue under the Mines and Minerals Act of any licence or permit, or the exercise of rights conferred on the holde.r of any such licence or permit or any claim by that Act. SCHEDULE PART I G.N. The Nyasaland Protectorate (African Trust Land) Orders in Council, 180/1950 t950'to 1963. to G.N. 251/1963 G.N. The Mala,\'i (African Trust Land) (Modification) Order, 1964. 'i.l.4jl.%4\M) 8 of 1951 PART II The Public Lands Ordinance.