MPs Grill Lands Ministry Over Inconsistencies And Gaps In Title Deed Policy

Members of Parliament in Malawi are challenging the Ministry of Lands, Housing and Urban Development over severe legislative gaps, enforcement failures, and governance inconsistencies in the country’s land administration system. According to the Parliamentary Committee on Lands, Transport and Public Infrastructure, lawmakers are preparing a direct ministerial engagement to address widespread property fraud and an escalating national housing crisis. Lincoln Liwonde, vice chairperson of the committee and Member of Parliament for Lilongwe City M’buka, stated that lawmakers identified systemic policy vulnerabilities that require immediate executive intervention. Liwonde noted that many of the core issues raised during the briefings are strictly legislative, necessitating a collaborative approach directly with the Lands Ministry.

Land Law Enforcement Gaps and Property Fraud

During the parliamentary engagement, Real Estate Talk Mw warned that weak legal enforcement and outdated regulatory frameworks continue to drive unlawful land sales across Malawi. Atusaye Kanyenda, managing partner at Real Estate Talk Mw, told officials that the 2022 amendments to national land laws have failed to curb illicit activity due to a widespread lack of public awareness and institutional oversight.

According to Kanyenda’s presentation to the committee, fraudulent actors frequently exploit these enforcement gaps by posing as registered real estate agents to sell property illegally. Furthermore, the implementation of customary land laws remains critically delayed, particularly during the formal adjudication phase, which requires systematic identification, confirmation, surveying, and registration.

Data presented during the session revealed that out of more than 20 districts nationwide, fewer than five have initiated the customary land adjudication process. Kanyenda cautioned lawmakers that without expedited state intervention, land across the remaining districts risks being sold unlawfully before the formal registration framework can be fully established.

Banking Collateral and Housing Development Challenges

Lawmakers and housing advocates also examined conflicting provisions regarding customary land used as financial collateral. While current legislation restricts the direct sale of customary land, it permits landowners to pledge their holdings to secure bank loans. Kanyenda questioned how commercial lending institutions are expected to recover defaulted funds if pledged customary land cannot be legally disposed of, pointing to a distinct absence of regulatory guidance.

To combat a severe urban housing shortage where cities demand more than 100,000 new homes annually while production lags below 1,000 units per year, stakeholders urged Parliament to reform the Section of Titles Act. Real Estate Talk Mw proposed introducing targeted construction incentives—similar to existing concessions in the tourism sector—to encourage private real estate investment in multi-story residential buildings. Parliamentary leadership confirmed that these policy recommendations and administrative inconsistencies will form the core agenda of the upcoming ministerial consultations.