Count us out of Land Bill—Mzimba

• M’mbelwa V is administrator of our land—Group

The Mzimba Heritage Association (Mziha) has rejected the new Land Law, telling government their district is a kingdom and “His Majesty Inkosi ya Makhosi M’mbelwa V remains the administrator of his territorial jurisdiction.”

A seven-member Mziha delegation, led by Prof. Boston Soko, chairman, delivered the message to the Chief Secretary to Government George Mkondiwa in Lilongwe on Tuesday.

Mziha also submitted a copy of the land tenure for Mzimba which, it argues, has always been headed by M’mbelwa, its king, and only joined the rest of Nyasaland [Malawi] through a 1904 treaty, as a “development partner.”

A statement Mziha presented to Mkondiwa reads: “We are informing the government that the Land Law which has just been enacted by the State President of the Republic of Malawi does not affect Mzimba and its people who are just partners with government.

“His Majesty Inkosi ya Makhosi M’mbelwa V, the right heir to the throne of the Royal Family, remains the administrator of his territorial jurisdiction and Mzimba remains a kingdom within the Republic of Malawi.”

But spokesperson for the Malawi Law Society, Khumbo Soko, said yesterday his opinion was that Malawi is a unitary state with Parliament retaining the competence to legislate for the whole country.

On his part, Minister of Lands, Housing and Urban Development Atupele Muluzi who is on a nationwide tour to sensitise the people about the new law, said although he has not seen the statement from Mziha he would soon engage the group to map the way forward.

Said Muluzi: “I have not seen the communication but my office will soon arrange a meeting with the Mzimba Heritage Association.”

Mziha’s stance on the new land law follows President Peter Mutharika’s assent to the land law last month.

The last sitting of Parliament passed four land-related bills which the President assented to in September. They include the Customary Land Bill, the Principal Land Bill, the Land Survey Bill and the Physical Planning Bill.

Government says the land Bills are a hallmark of decentralisation as they reduce government interference over land matters since the Bills transfer powers to administer and manage land to the chiefs.

On the other hand, critics of the bills say government is trying to strip chiefs —of their powers, especially over customary land.

Mziha explains that Mzimba District was formerly known as Mombera Kingdom with M’mbelwa as its king when Nyasaland was declared a British Protectorate in 1891.

“Mombera  Kingdom  now called Mzimba  District signed a treaty  with  Sir Alfred Sharpe,  the then  Governor of Nyasaland in 1904 at Ekwendeni, with terms of reference that the kingdom  was joining  Nyasaland as a Development Partner,” says the communication.

It says Mzimba District was never colonised like the rest of the districts in Nyasaland and that the colonial government had always governed Mzimba through the indirect rule system, recognising M’mbelwa as the head of theMombera Kingdom.

In addition, it was never part of the Lancaster House talks to join the Federation of Rhodesia and Nyasaland as Inkosi ya Makhosi M’mbelwa II went to London to reject the proposal.

“We are pleased to remind the Malawi Government that on April 25 we submitted an Open Letter to the President of this country and the government reminding it that Mzimba is a Kingdom. Today, we are pleased to resubmit it to you. We are also submitting to the Government of Malawi a copy of the Land Tenure in the Territorial Jurisdiction of M’mbelwa, Mzimba District,” reads the communication.

Mziha chairperson Professor Soko said he could not comment on the issue at this time.

In an earlier closed door meeting with selected traditional leaders where Muluzi sensitised chiefs drawn from across the country, Inkosi ya Makhosi V told our sister paper The Nation that it was unfortunate that the President already assented to the bills before taking them to the people.

On Wednesday this week,Tumbuka Paramaount Chief Chikulamayembe criticised politician Yeremiah Chihana for his positive comments on the land bills saying as a district they have problems with the bills and Chihana did not have the mandate to speak about them on behalf of the people of Rumphi.

The 2014 elections revived calls from some quarters in the Northern Region for the adoption of a federal system of government, claiming it would be the surest way of sharing the national cake.

Last month the Blantyre Magistrate’s Court convicted 21 people arrested for invading the privately owned Conforzi Estate in Thyolo.

The court is still hearing a case in which People’s Land Organisation (PLO) leader Vincent Wandale, Chrispin Nkhoma and Tendai Nsikita who pleaded not guilty to three counts of conspiracy to commit a misdemeanor, are answering charges of unauthorised use of land and criminal trespass. Wandale and Nkhoma are also answering the charge of inciting violence. Their arrest followed an incident that happened on September 1 where hundreds of villagers invaded the tea estate and started sharing land for permanent settlement and cultivation.

Law expert based in Cape Town Danwood Chirwa said there is one territory and one nation under whose auspices all laws are made and enforced. No one or ethnic group can rise above the law.

Chirwa said there is and has never been such a thing as a kingdom for any ethnic group separate from the State we now call Malawi since its territory was demarcated.

“Both the independence and democratic constitutions did and do not recognize ethnic kingdoms or statehoods. The district of Mzimba is a legal creation that doesn’t necessarily correspond to a particular kingdom,” he said.

He said the traditional authority the various ethnic leaders hold are a creation of both ethnic customary laws and colonial as have been emended and further developed by legislation. In fact, most of the chieftainships are a creation of the state and have been sustained by the State machinery, laws and public funds. Thus calls by ethnic groups to exempt themselves from particular laws should be treated with the contempt it deserves.