Lands Acquisition and Compensation Regulations, 2020

17th July, 2020 247 GOVERNMENT NOTICE No. 30 LANDS ACQUJSITlON AND COMPENSATION ACT (CAP. 58:04) LANDS ACQUISITION AND COMPENSATION REGULATIONS, 2020 LN EXERCISE of the powers conferred by section 18 of the Lands Acquisition and Compensation Act, I, KAMLEPO KALUA, Minister of Lands, Housing and Urban Development, make the following Regulations.,. ARRANGEMENT OF REGULATIONS REGULATIONS PART I-PRELIMINARY I. Citation and application PART Il ACQUISITION 2. Notice of preliminary investigation 3. Notice of intention to acquire and claim 4. Notice to yield up possession PART lIJ-COMPENSATION S. Offer of compensation 6. Acceptance of compensation PART IV-DISPUTE SElTLEMENT 7. Commencement of proceeding in court 8. Date of hearing 9. Notice of hearing 10. Witness summons 11. Attendance of defendant J 2. Dismissal for non-attendance 13. Restoration of proceeding 14. Procedure for hearing 15. Wimess summons 16. Determination in writing 17. Costs 18. Open proceeding 19. Duration of bearing 20. Appeals to the High Court 21. Final determination of facts PART I-PRELIMINARY l.-{l) These Regulations may be cited as the Lands Acquisition and Citation and Compensation Regulations, 2020. application 248 17th July, 2020 Notice of preliminary investigation Notice of intention 10 acquire and claim Notice to yield up possession (2) These Regulations shall not apply to a process of lands acquisition and compensation which was commenced before the coming into force of these Regulations. PART 11-ACQUlSlTION 2. A notice of preliminary investigation as provided under section 4(2) of the Act shall be in Form I in the Schedule hereto. 3 .-( l) A notice of intention to acquire as provided under section 5( I) of the Act sha1\ be in Form 11 in the Schedule hereto. (2) A notice of a claim provided under section 5(3) of the Act shall be in Fenn Ill of the Schedule hereto. (3) A person shall, upon completion of the form, submit the form, with evidence of proof of ownership of land, to the district lands officer and the officer shall within twenty-one days of receipt of the form, submit the forms to the Commissioner of Lands. 4. The notice to yield up possession of land upon expiration of a period specified in the notice as provided under section 6 of the Act shall be in Form IV in the Schedule hereto. PART III-COMPENSATION Offer of 5. Where an assessment of compensation is made under sections ID compensation and 1 OA of the Act, an offer of compensation shall be made in Form V in the Schedule hereto. Acceptance 6. An acceptance of an offer of compensation shall be in Form VT in of possession the Schedule hereto. Commence­ mcnt of proceedings in court Date of hearing PART l V -DlSPUTE SETTLEMENT 7 .-( l) In this Part, "court" means the court of a resident magistrate. (2) A person aggrieved by a determination under section 4 or section 6 of the Act, or claims a better right under section l l of the Act, may, commence, by summons, proceedings in court within thirty days of the determination. 8. -\l) On receipt of the summons under regulation 7, the court shall open a case file and shall record all the particulars in the register. (2) The court shall fix a date of hearing within thirty days from the date of the registration of the proceeding. (3) In fixing the date of hearing in sub-regulation (2), the court shall have due regard to the place of residence of the defendant and the time necessary for service of the notice of attendance and the hearing date shal l be so fixed as to allow the defendant sufficient time to enable him to appear on such a day. (4) Notwithstanding sub-regulation (3), where the parties are immediately available, the court may dispense with the. requirement to notify and may set the date of hearing promptly. 17th July, 2020 249 9. The court shall prepare a notice of hearing, in Form VII in the Schedule hereto, and shat! serve the notice on all parties to the proceeding. Notice of hearing l l ~ 10. Where a witness is required to appear before the court, the court Witness shall prepare a witness summons in Form vm in the Schedule hereto. summons 1 J. Where a claimant attends the court on the date of hearing and the Attendance court is satisfied that- of defendant (a) the notice of hearing was served on the defendant and the defendant has failed to attend, the court may proceed ro hear the matter in the absence of the defendant; or lb) the notice of bearing was not served in sufficient time for the defendant to attend the hearing or for other sufficient cause the defendant was unable to attend the hearing, the court shall adjourn the hearing to another date. 12. Where on the date of the hearing the claimant fails to attend, the court may dismiss the proceeding. Dismissal for non­ attendance 13. Where a proceeding has been dismissed under regulation 12, a claimant may be allowed to restore the proceeding, within fourteen days from the date of the dismissal of the proceeding, upon showing good cause why he failed to attend the proceeding that had been previously set down for hearing. 14. Where all parties to a proceeding are present on the date of Procedure hearing : for hearing Restoration of proceeding (a) the claimant shall give his evidence first and.may call witnesses and produce documents to support his case; and (b) a defendant shall respond to the matters under the proceeding and may call witnesses and produce documents to support his case. 15. The court shall be at liberty to summon any person to appear as a witness or to produce a document at the hearing of the proceeding. 16. At the conclusion of the hearing of a proceeding, the court shall make a determ ination in writing which shall be served on all persons affected by the determination. Witness summons Determina­ tion in writing 17. The court shall award costs to the witnesses and any other person costs who deserves to be awarded costs. 18. The hearing of a proceeding of the court shall be open to the Open public. proceeding 19. The court shall hear and determine a proceeding before it within Duration of sixty days of the service of the notice of hearing. hearing 20. Any person aggrieved with the decision of the court may appeal to Appeals to the High Court, on a point of law, within thirty days of the decision being the High made. Court 250 17th July, 2020 Final determination on facts 21. The determination of the court shall be final on any issue of fact and an appeal shall not lie to the High Court on the basis of facts. SCHEDULE LANDS ACQUISITION ANTI COMPENSATION REGULATIONS, 2020 FORM I reg. 2 NOTICE OF PRELIMINARY INVESTIGATION (under s. 4(2)) To:· [name and address ofpersonis) whose interesus) is/are to be acqwred] The [name of Authority] intends to conduct a preliminary investigation in [set out title particulars and a description (including, if appropriate. a sketch) sufficient to identify the interest to be acquired and the location of the land].* The [name of Authority] thinks that the land is suitable for [.~et out details of purpose for which land is to be acquired and reasons why the Authority thinks this is so]. At the present time it is expected that the [name of Authority] may require possession of the land on approximately [dale]. This date may change. The [name of Authority] undertakes to pay for all damage to the [said] land. Signed [signature of authorised officer of the Authority]: Name [name of authorised officer of the Authority]: Date: "The description of the land set out above refers to a document called [name of documents. A copy of this document can be inspected without charge at [address] during the hours f ordinary office hours]. }. fOR,\1 Tl reg. 3(1) NOTICE OF INTENTION TO ACQUlRE (under s. 5 (1 » To: [name and address ofperson(s) whose interesus) is/are to be acquired] The [name of Authority] intends to acquire an interest in [set out title particulars and a description (including, if appropriate, a sketch) sufficient to identify the interest to be acquired and the location of the land]." The [name of Authority] thinks that the Jand is suitable for [set out details of purpose for which land is ta be acquired and reasons why the Authority thinks this is so]. At the present time it is expected that the [name of Authority] may require possession of the land on approximately [dat~). This date may change. 17th July, 2020 251 The [name of Authority] requires you to provide it with information about the following­ The name of any other person who bas, or you think may have, an interest in the land. (Such a person might be a tenant or a mortgagee or a person to whom you have agreed to sell the land.) 2 If you have a current building permit or approval or a planning permit concerning the land. · 3 If you have sold or let or in any other way dealt with the land or were intending to deal with the land immediately before you received this notice. 4 If you know of any other person proposing to do any of those things mentioned in paragraph 3. 5 Any other matters of which you are aware which will help the [name of Authority] to determine the offer of appropriate compensation you should receive for the land. (This information may include details of any mortgage, lease or other arrangement affecting the land. If you claim financial loss, please provide financial documents and other records to substantiate all losses. All documents provided will be treated in confidence.) Signed [signature of authorised officer of the Authority]: . Name [name of authorised officer of the Authority]: . Date: . *The description of the land set out above refers to a document called [name of document]. A copy of this document can be inspected without charge at [address] during the hours [ordinary office hours]. FORMIH TNVITATION TO CLAIM (under s. 5(3)) To: All persons Any person claiming to be entitled to any interest in the land must submit the following particulars (a) Name; (b) Address; reg. 3(2) (c) Particulars of the land; (d) Nature of interest in the land; (e) Improvements on the land;" (j) Other special assets, t Signed: . [name of Authority] Dated: *These may include buildings or other structures, horticultural or other trees; etc. tThe~e may include graves, shrines; etc, FORi\.1 IV NOTICE OF POSSESSION (under ss. 5 and 6) To: [name and address of personts) whose interesus] is/are to be acquired] The [name of Authori~] gives notice to possess [set out title particulars and a description (including, if appropriate, a sketch) sufficient to identify the interest to be acquired and the location of the landj. * reg. 4 252 17th Juiy, 2020 The [name of Authority] thinks that the land is suitable further gives notice that upon the expiry of 60 days from the date of this Notice, the [name of Authority) shall take quiet possession of the land set out in this Notice. Signed: . [name of Authority] Dated: *The description of the land set out above refers to a document called [name of document]. A copy of this document can be inspected without charge at [address] during the hours [ordinary office hours]. FORMV OFFER OF APPROPRIATE CO!v1PENSATION (under ss. JO and TOA) This is an offer of appropriate compensation by the [ name of Authority] because you had an interest in land which was compulsorily acquired. reg. 5 You may (a) accept the offer of appropriate compensation (complete Part A of Form VJ) covering lhe following [specify the matters taken into account, e.g., the value of buildings, severance allowance; etc.]; or (b) reject the offer (complete Part B of Form Vi). If you do not reply within 30 days from the date of the offer, the [name of Authorityi may assume that you reject the offer and dispute it A dispute shall be determined by a resident magistrate's court. The offer of appropriate compensation of the land at [set out title particulars and a description (including, if appropriate, a sketch) sufficient to identify the interest to be acquired and the location of the land l is K . The offer of compensation is payable within 30 days from the date cf the offer. You shall vacate the said land within 30 days from the date of the payment of the offer. Signed: . Iname of Auihority] Dated: . 17th July, 2020 253 FORM VI ACCEPTANCE OF OFFER OF APPROPARJATE COMPENSATION Person(s) accepting offer of appropriate compensation or making claim: [name] Authority making offer of appropriate compensation or claimed from: [name of Authoriiy] reg. 6 Date offer of appropriate compensation was made: Value of offer of appropriate compensation: [toral amount of offer of appropriate compensation] The interest in the land of the person(s) responding to offer of appropriate compensation [give details of the interest you had in the land which was acquired, e.g. owne1; tenant, mortgagee]. The person's entitlement to that interest is [give details of your entitlement, e.g. if you are a tenant, particulars of your lease]. The following parts of this form should be read very carefully and all the parts which relate to your case must be completed. Cross out those parts which do not apply to your case. You must complete the declaration at the end of the form. Part A-Notice of acceptance of offer of appropriate compensation lfWe accept the offer as full payment of the appropriate compensation for my/our land acquired by the [name of Authority]. Part B-Rejection of offer and notice of claim for compensation I/We dispute the amount of compensation which the [name of Authority] has offered and claim the sum of'K [sum] for compensation made up as follows-> [Complete details of claim giving particulars of calculation of the claim having regard to the following items (a) market value of the interest in land; (b) special value of the land to the claimant; (c) loss attributable to severance; (d) loss aaributable to disturbance; (e) the enhancement or depreciation in value of the claimant's interest in land adjoining or severed from the acquired land at the date of the acquisition: (J) all legal, valuation and other professional expenses necessarily incurred by reason of the acquisition of the interest in land.] If you dispute the value given to the land by the [name of Authority], you should attach to the Form a copy of the certificate(s) of valuation which have been provided to you by a valuer recognised as such wider the Laws of Malawi in respect of his valuation of the land together with a statement advising how that valuation is calculated. If you have obtained more than one valuation, the same information should be provided in respect of each valuation. YOU MUST COMPLETE THE FOLLOWfNG DECLARATION I/We declare that 254 lith July, 2020 I am/we are the person(s) to whom the above offer of appropriate compensation was made. (If you are the attorney under power of somebody else. you should state this.) 2 Immediately before the interest in land for which the offer of appropriate compensation was made was acquired, I was/we were able to sell/grant/release/lease the interest to the [name of Auihority] free of any charges, mortgages, leases or other encumbrances or interests apart from those which 1/we have told the [name of Authority]. 3 I/we shall give the [name of Authority] all documents which prove that I/we owned the land acquired/were entitled to the interest acquired. 4 I/we have not misled or failed to tell the [name of Authority] about anything which might affect the assessment of appropriate compensation. 5 I/we have received an advance of appropriate compensation cf [amount of advance] on ' [date]. or lfwe have not received an advance of compensation from the [name of Authority]. AND I/we acknowledge that this declaration is true and correct and I/we make it in the belief that a person making a false declaration is liable to the penalties of perjury. DECLARED at On the day of , 20 Before me: Commissioner for Oaths FORM VII reg. 9 f NOTlCE OF HEARING Land Compensation Dispute No of20 . BETWEEN .......................................................................................... Claimant AND To:.::: .. :.·::.·::.· " ".· " ".-::.·:: " ":.·:: .... .. . ·············································· .. Defendant TAKE NOTJCE that the proceedings has been set down for the day of 20 . at o'clock in the noon or soon thereafter as the proceedings can be heard at ................................................ (place). If no appearance is made on your behalf or by yourself, the proceedings will be beard and decided in your absence. Given under my hand on the day of , 20 . Resideni Magistrote 17th July, 2020 255 FORM VIII reg. 10 WITNESS SUMMONS Land Compensation Dispute No of 20 . BETWEEN ............................................................................................. Claimant AND ............. 1················· .. , . To- · · · · · · · · · · · · · · · · · · · · · · · · · · · .. · · · · · ... Defendant . . - - ~ . You are HEREBY REQUIRED PERSONALLY to appear before the . court on L'1e ....•. day of , 20 at o'clock in the noon or soon thereafter and to bring with you any documents or persons connected with this proceedings, and so from day to day until your presence is dispensed with by the court. Given under my band on the day of 20 . Resident Magistrate Made this 8th day of June, 2020 (FrLE NO. SUB.D. 23:01) K. KALUA Minister of Lands, Housing and Urban Development GOVERNMENT NOTICE NO. 31 PHYSICAL PLANNING ACT (NO. 1 7 OF 20 16) PHYSJCAL PLANN1NG REGULATIONS, 2020 IN EXERCISE of the powers conferred by section 99 of the Physical Planning Act, 2016, I, KAMLFPO KA.LUA, Minister of Lands, Housing and Urban Development, make the following Regulations ARRANGEMENT OF REGULATIONS REGULATION PART I-PRELIMINARY I. Citation 2. Interpretation