Customary Land Regulations, 2018 (G.N. No. 18 of 2018).
Country
Type of law
Regulation
Abstract
These Regulations implement provisions of the Customary Land Act, 2016 concerning a wide variety of matters including Customary land Committees to be established in Traditional Land Management Areas, the procedure for the adjudication and demarcation of customary land and the grant of customary land and the settlement of disputes.
The Regulation set out the criteria for election to the Customary land Committee and define functions of Committees. A committee shall, among other things, clarify all rights of occupation and use of customary land by land users in the area under the jurisdiction of the group village headman of the area, adjudicate customary land rights either sporadically or systematically for purposes of registration of land, process applications for and make grants of customary estates subject to the consent of the Traditional Authority, and approve any transactions on customary estates within the first five years of registration.
The District Land Registrar shall oversee the adjudication, demarcation of boundaries and preparation of maps in a district. Any person, body or organization with an interest in land within an adjudication area shall make a claim to a land clerk, and point out his or its boundaries to the land clerk. Upon the resolution of disputes, the demarcation and adjudication record and the maps shall form the customary land register as provided for by these Regulations. A person intending to register a customary estate shall complete an application in Form A and shall submit the said Form to a committee. The Regulations sets out criteria for granting a customary estate.
Disputes shall be resolved, at first instance, by a mediator appointed by a committee. A party aggrieved by the outcome of the mediation of a dispute may, on payment of an appropriate fee under the Second Schedule, lodge a dispute to a Customary Land Tribunal for the area in which the land is situated. Any person aggrieved with the decision of the District Land Tribunal may appeal to the Central Land Board.
The Regulation set out the criteria for election to the Customary land Committee and define functions of Committees. A committee shall, among other things, clarify all rights of occupation and use of customary land by land users in the area under the jurisdiction of the group village headman of the area, adjudicate customary land rights either sporadically or systematically for purposes of registration of land, process applications for and make grants of customary estates subject to the consent of the Traditional Authority, and approve any transactions on customary estates within the first five years of registration.
The District Land Registrar shall oversee the adjudication, demarcation of boundaries and preparation of maps in a district. Any person, body or organization with an interest in land within an adjudication area shall make a claim to a land clerk, and point out his or its boundaries to the land clerk. Upon the resolution of disputes, the demarcation and adjudication record and the maps shall form the customary land register as provided for by these Regulations. A person intending to register a customary estate shall complete an application in Form A and shall submit the said Form to a committee. The Regulations sets out criteria for granting a customary estate.
Disputes shall be resolved, at first instance, by a mediator appointed by a committee. A party aggrieved by the outcome of the mediation of a dispute may, on payment of an appropriate fee under the Second Schedule, lodge a dispute to a Customary Land Tribunal for the area in which the land is situated. Any person aggrieved with the decision of the District Land Tribunal may appeal to the Central Land Board.
Attached files
Web site
Date of text
Repealed
No
Serial Imprint
Malawi Gazette Supplement, dated 20th April, 2018.
Source language
English
Legislation Amendment
No
Implements