Malawi Freedom Network 
By Staff Reporter
The High Court sitting as a Constitutional Court in Blantyre has dismissed Pacific Limited’s constitutional challenge against amendments to Malawi’s Land Act and Customary Land Act, upholding the legality of the country’s land reforms.
BLANTYRE, The High Court sitting as a Constitutional Court has dismissed a constitutional petition filed by privately owned Pacific Limited challenging key provisions of Malawi’s Land Act and Customary Land Act, marking a significant legal victory for the government in one of the country’s most closely watched land disputes.
The case centered on amendments to Malawi’s land legislation that regulate land ownership, particularly restrictions affecting non-citizens and the legal definition of an “indigenous Malawian.”Pacific Group Unveils K30 Billion Pacific Towers in Limbe to Boost SME Growth
Pacific Limited argued that the amendments were unconstitutional, discriminatory and infringed upon property rights guaranteed under the Constitution. The company maintained that the provisions unfairly limited land ownership rights and discriminated against specific groups.
Representing the Ministry of Lands, Attorney General Frank Mbeta, alongside Neverson Chisiza and Francis MacJessie, defended the government’s position that the amendments were lawful and enacted in accordance with constitutional requirements.
Pacific Limited was represented by Senior Counsel Mordecai Msisha and Bright Theu, who argued that the legislation unjustly affected the company’s interests.
According to court records, Pacific Limited claimed it owns 143 leasehold and freehold properties across Malawi, arguing that the challenged provisions had a direct impact on its property rights.MaBLEM Clears Pacific Limited Over Limbe Blackout Claims, Citing Weather Damage and Infrastructure Factors
However, in a unanimous ruling delivered by Justices Jabbar Alide, Chimwemwe Kamowa, and Dick Sankhulani, the Constitutional Court found that Pacific Limited had failed to establish sufficient legal standing to challenge the laws.
The judges ruled that despite claiming ownership of numerous properties, the company did not provide evidence demonstrating that it actually owns land in Malawi. As a result, the court held that Pacific Limited had not shown a sufficient legal interest in the constitutional issues it raised.
The court also upheld the government’s position on the substance of the case, concluding that the contested amendments to the Land Act and the Customary Land Act were validly enacted and remain constitutional.
The judgment reinforces the legality of Malawi’s land reform framework, including provisions governing land ownership by non-citizens and the recognition of indigenous Malawians under the law.Pacific Limited Honoured for Leading Role in Cholera Fight Through Free Borehole Rehabilitation
The ruling is expected to have far-reaching implications for future constitutional challenges involving land ownership and property rights in Malawi, while affirming the government’s authority to regulate land through legislation enacted by Parliament.
The decision brings to a close one of the country’s high-profile constitutional land disputes and provides greater legal certainty over the implementation of Malawi’s land laws.
