The Vice President said something about being resolute, tough and decisive about moving people to upland areas. But he was a bit hesitant, if not apologetic, in how government is going to enforce this.
He talked about erecting dykes to make big rivers like the Shire and Ruo behave. We know countries like the Netherlands were build on flat land reclaimed by dykes.
But, while dykes may be a decades-long project, let us do what is practical now: move people upland – by force, if necessary.
Section 8 of the Land Act (Cap. 57:01) of the Laws of Malawi states: All public land is vested in perpetuity in the President.”
Citizens only have the licence to use the land. That is why you find citizens given, say, 99-year leases and pay ground rent to the landlord – government.
The President in Section 8 refers to government. Government has been given, under this law, powers to take away land from any user if the land is required for public use such as construction of roads, dams, schools, hospitals, et cetera. Land can also be taken away from a citizen if the land is required for the conservation of game or forest.
Government is required by law to offer reasonable compensation to the affected citizens. The compensation does not have to be at the commercial market rate, however.
I do not want to bore you with legalese but my point is that government has powers to move people out of any land. Added to that anybody who develops land without planning permission or approvals is amenable to have their structures demolished without any compensation at all. Citizens must, therefore, seek planning permission if they intend to embark on building houses or any structure in areas that fall under planning areas.
Which means that we should not be having houses up the Soche Hill or in any natural water ways in the cities because those places certainly do not fall under any planning areas.
And indeed government has powers to tell the folks in Chikwawa and Nsanje that you cannot dwell in certain flood-prone areas whether you buried your granny there or not. It may sound insensitive but a law is a law. It is not just about being decisive; it is about enforcing – and respecting – the law.
Natural disasters will always befall us; but some disasters are predictable, let us collectively avert them by doing the right things…
…And government should lead from the front in this campaign.
