Widow Reclaims Land Rights: New Land Laws Empower Women in Malawi
New land laws in Malawi empower widows to reclaim land rights, addressing issues of land grabbing and promoting community development.
NKHOTAKOTA, Malawi — At the age of 42, Martha John of Denje Village, Traditional Authority Mwansambo, faced a challenging decision after losing her husband, writes Angella Phiri.
Her in-laws insisted she leave her husband's home, leaving her with no choice but to return to her parent's village.
With no education, Martha had to survive on piecework, but supporting her five children became increasingly difficult, forcing them out of school.
The widow's only hope was the land left by her late husband, but greedy family members attempted to take it away, arguing it belonged to male relatives.
Amid her dilemma, Martha sought help from the village headman, who organised a hearing with the Traditional Authority.
After hearing her side of the story, the Traditional Authority ruled in favour of the widow, restoring her 1.5-acre piece of land.
Martha expressed her relief, "I was so happy to have my land back. My life is now better knowing I own the land. With the help of the committee, I was able to register the piece of land in 2021, and I know no one will take it from me and my children."
Martha's case is not isolated; many widows in Malawi have faced land-grabbing issues.
However, with the passage of new land laws in 2022, customary land committees have been established to address such problems and reduce cases of land grabbing by widows, orphans, and vulnerable individuals.
People are now registering their land parcels, securing their rights, and promoting community development.
Group Village Head Denje, a member of Denje Village's customary land committee, noted the positive impact of the new laws in reducing land-grabbing cases.
"This is helping a lot. Now cases of land grabbing have reduced in this area because people understand the role of the committee, and Nkhotakota is a pioneer district on customary land registration, meaning our people now understand the importance of having their customary land registered to avoid issues of land grabbing. I am optimistic that this will promote peace and community development," he said.
The President of Malawi, Lazarus Chakwera, emphasised the importance of protecting and utilising the land to benefit the people of the nation.
As a result, in May 2022, he assented to six land-related bills, including the Customary Land (Amendment) Act, which grants Malawians the power to own land.
Certificates of land ownership are now being issued to citizens through the land parcel adjudication and demarcation exercise.
However, the implementation of the new land laws has shown variations from district to district.
In matrilineal marriage systems, women are increasingly registering their customary land parcels in their names, their children's names, or family names.
In contrast, patrilineal societies still tend to practise individual land registration, often favouring men and male children as the rightful heirs of customary land.
The enactment of the Customary Land Act in 2017 marked a significant step forward in women's access to customary land ownership, as it allowed women to own and register land in their own right.
The law also requires that 50 percent of the members of land committees and customary land tribunals be women, safeguarding women's rights and voices in decision-making on land issues.
Michael Kaiyatsa, the executive director of the Centre for Human Rights and Rehabilitation (CHRR), acknowledged the progress made but stressed the need to address social norms that hinder women's access, ownership, and control of land, as well as combat gender-based violence that undermines women's rights.
The new land laws formalise the roles of traditional leaders in adjudicating and managing customary land, providing a legal framework to prevent disputes and protect people's land rights in communities.
As the implementation of these laws continues, they are expected to empower women like Martha, ensuring they have secure access to land and fostering community development across the nation.