BLANTYRE-(MaraviPost)-In one of the country’s high-profile land cases, the High Court sitting as a Constitutional Court in Blantyre has dismissed a petition by privately owned Pacific Limited challenging provisions of the country’s land laws.
Pacific Limited had challenged amendments to the Land Act and the Customary Land Act, arguing that they were unconstitutional and discriminatory.
Attorney General Frank Mbeta, together with lawyers Neverson Chisiza and Francis MacJessie, represented the Ministry of Lands, while Mordecai Msisha, SC, and Bright Theu represented Pacific Limited.
The company argued that the amendments unfairly restricted property rights and discriminated against certain groups, particularly on land ownership by non-citizens and the definition of an “indigenous Malawian”.
According to court records, Pacific Limited claimed to own 143 leasehold and freehold properties in Malawi.
However, in a ruling delivered by Justices Jabbar Alide, Chimwemwe Kamowa and Dick Sankhulani, the court held that Pacific Limited had not demonstrated sufficient interest in the matter because it failed to provide evidence that it owns any land in the country.
The judges also upheld the State’s position, finding that the disputed legal provisions were validly enacted.
Source: Nationonline
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