MHC, residents in land dispute
Malawi Housing Corporation (MHC) may find itself in contempt of court for allegedly allocating plots in Area 43 Sector 8 to new owners despite standing court determinations against such act.
The High Court of Malawi ordered on October 13 2020 that the 63 claimants should get back their plots from MHC.
The order was upheld by the Malawi Supreme Court of Appeal on July 28 this year, after MHC appealed.
However, MHC has proceeded to continue to allocate the said land to new owners.
A visit by The Nation on Wednesday in Chatata area where the land in question is located, police officers were seen patrolling the land allegedly under the direction of MHC.
In an interview, one of the claimants, David Kuthyola, confirmed the development and alleged that MHC was defying court orders.
He said: “We are surprised to see that MHC is so committed to seeing that the people who have been allocated these plots develop their structures there.
“MHC has even hired police officers to provide security to the new land owners.”
When contacted, MHC spokesperson Ernestina Lunguzi said the matter was still in court as such she could not comment.
After the High Court order, MHC issued a letter which was signed by the institution’s regional manager (Centre) Ndifanji Kabango acknowledging the court outcome and further requesting a reconciliation exercise to ensure that the claimants get their land as per their claim.
Reads the letter in part: “This exercise would ensure that the claimants would get what they are entitled to under the judgement and not take advantage to further encroach into the defendant’s land.”
According to the letter, the whole of Area 43 sector 8 covers 121 hectares while the land under dispute, which the courts reinstated to the claimants covers about 20 hectares spread across a patch of about 45 hectares. It arose in the High Court that the community members did not err to sell the land as they were not compensated by MHC to vacate the land.
