“There’s nothing [they] can do because they’re not protected in any way by the law,” said Blessings Chinsinga, a lecturer at the University of Malawi’s Chancellor College, who is researching the political economy of land grabs and land reform in the country. In a research report co-authored by Chinsinga, he notes that the issue of “land grabs” in Malawi dates back to Banda's transferring of large parcels of land from smallholder farmers to the estate sector, largely to the benefit of political elites who helped sustain his regime.
Dorothy Dyton, her husband and seven children used to make a living farming just over a hectare near the town of Bangula in southern Malawi’s Chikhwawa District. Like most smallholder farmers in Malawi, they did not have a title deed for the land Dyton was born on, and in 2009 she and about 2,000 other subsistence farmers from the area were informed by their local chief that the land had been sold and they could no longer cultivate there. They had already been removed once from the land during former President Hastings Banda’s regime in the 1970s and had not been allowed to return until Banda’s regime ended in 1994 and the cattle ranch established there by his political ally, John Tembo, had ceased to function. They continued to farm the land for another season. But in 2010, as they prepared to plant, they were met by a police van and the chief, Fennwick Mandala, who warned them not to come back. The next day, the farmers again set out for their fields, but this time they were met by tear gas and rubber bullets and that night six of them were arrested and charged with trespassing. With a game reserve on one side of the community and the Shire river and Mozambique border on the other, there is no other available land for them to farm and the family now ekes out a living selling firewood they gather from the nearby forest. The three oldest children have had to drop out of school to help their parents.The 2,000 hectares of land once farmed by Dyton and her neighbours is now owned by a company called Agricane, which is leasing it to Illovo for sugar cane production. Agricane’s country director, Bouke Bijl, explained that his company bought the land from a bank which had acquired it from John Tembo after he defaulted on a loan. “Life has been very hard on us." said Dyton.
“People aren’t getting enough to eat,” said Isaac Falakeza, another community member. “Some are doing piece work on other people’s gardens, others are harvesting water lilies. You can see how malnourished the children are.”
Following the ousting of Banda and the transition to democracy, the government set up a Commission of Inquiry on Land Reform the findings of which formed the basis of a new land policy in 2002. The policy attempts to address smallholder farmers’ lack of security of tenure by allowing them to register their customary land as private property, but the legislative changes needed to implement the policy have not gone through parliament and the land reform process has effectively stalled.
“Politicians own massive tracts of land; they benefited from the previous system, so they’re reluctant to adopt a new legislative framework that would correct the land imbalances,” commented Chinsinga.
A 2010 report by Grain, noted that Malawi’s lack of land reform had resulted in increasingly inequitable distribution of land, with large tracts of farmland ending up in foreign hands. In 2009, the government allocated 50,000 hectares of farmland to the government of Djibouti. Another programme championed by Mutharika, the GBI aims to acquire 340,000 hectares of irrigable land along Lake Malawi and the banks of the Shire river with the goal of increasing agricultural production and national food security.
Several foreign companies have acquired land under the auspices of the programme which, according to Chinsinga’s paper, “views customary land as an unlimited reservoir that can be targeted for conversion for privatization”.
Chikhwawa District is already dominated by sprawling sugar plantations owned by South African sugar giant Illovo Sugar. According to several sources, Illovo is intent on expanding its presence in the area and enjoys government support because of the much needed foreign exchange it generates.