At least 1 172 people from Kasasire area in Nkhata Bay and Mzimba have written the Attorney General, demanding K150 billion in compensation for, among others, inconvenience, false imprisonment and loss of use of land and business.
The demand comes days after the Senior Resident Magistrate’s Court in Mzuzu ordered the ministries of Local Government and Lands and chiefs to, within 90 days, discuss and resolve a land wrangle around Kasasire area.
The ruling pertains to a case where two individuals Joshua Msiska and Buleya Msowoya were accused by the Malawi Defence Force (MDF) of being found in premises of a protected place and unlawful use of public land.
Based on the ruling dated April 28, the two pleaded not guilty, arguing that the said land was allocated to them by group village head Nyapwere who testified in court that he issued the land after getting authorisation from Traditional Authority M’bwana.
In his analysis, senior resident magistrate Ashfold Harawa noted the possibility that the allocation of the land was an unauthorised exercise of power by chiefs aimed at expanding their territorial jurisdiction.
On the other hand, he said there was also a possibility that the land was allocated to the two based on the genuine belief that it was customary land
Said Harawa: “These individuals require land to remain productive citizens.
“Therefore, we believe it’s necessary to convene a meeting involving the Ministry of Lands, district commissioner [DC] for Nkhata Bay and Mzimba and local chiefs to address the complaint lodged by the chiefs and ultimately help the affected landless people.”
He still ordered the release of the two, who were deemed to have encroached on public land, and the immediate return of their seized belongings.
Lawyer for the accused, Patrick Ngwira, confirmed that his clients were yet to receive their properties, including treadle pumps and other agricultural equipment.
The two have since engaged another lawyer, Chipiliro Solomon Mwale of Solomon Chambers, on behalf of all those evicted from Kasasire.
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