Land (Amendment) Act, 2022 (Act 5 of 2022).

This Act, comprising 12 articles, amends the original Act by (i) redefining key terms related to land ownership and management in Malawi, improving legal clarity by updating definitions such as customary land, customary law, and freehold land; (ii) replacing Article 3 to establish a Commissioner for Lands, requiring a bachelor's degree and at least 10 years of experience in land law and policy; (iii) replacing Article 7 to classify land as public, customary, or private; (iv) introducing Articles 9A and 9B to affirm every person’s right to access land for shelter and livelihood, mandate government measures against land concentration, and require the Minister to set land ceilings while prohibiting the sale of vacant leasehold or freehold land; (v) adding Article 20A, allowing the Minister or local government to issue and enforce land eviction orders against unauthorized occupants of public land; (vi) declaring in Article 37 that land cannot be granted or sold to non-citizens of Malawi; (vii) replacing Article 39 to establish that if a freehold landowner fails to commence development within two years, the Minister may demand voluntary surrender, and if not complied with, the land will be registered under the Government, with possible extensions upon request; (viii) adding Articles 44A and 44B, stipulating that upon lease expiry, land reverts to public land, and if originally customary land, the Minister may restore it and prioritize local communities for reallocation, while any approved land use change from agricultural to residential or commercial requires surrendering 50% of the land to the government with compensation.