Information ministry told to approve live coverage of customary land case

The Malawi government has been urged to ensure live television and radio coverage of a constitutional court case challenging provisions of the Customary Land Act, arguing that the matter touches on Malawi’s sovereignty, land ownership, and national identity.

This was raised at a press briefing in Blantyre by the Centre for Democracy and Economic Development Initiatives (CDEDI), where concerns were raised that the case carries significant national interest due to its implications on Malawi’s land tenure system and the broader question of restrictions on land acquisition for non-indigenous Malawians.

The case was filed by businessman Faizal Aboo, a Malawian of Indian descent trading under Pacific Limited, who is challenging the constitutionality of restrictions placed on land acquisition by non-indigenous Malawians under the Customary Land Act.

In a letter addressed to Minister of Information Dr. Shadric Namalomba, copied to Minister of Justice Charles Mhango, CDEDI said land remains the country’s most critical natural resource and forms the basis of Malawi’s national identity and territorial integrity.

“By any measure, this matter, which is before the court, is a high-profile case worth the public’s interest,” reads part of the letter.

The governance watchdog reminded the government that Malawians closely followed the 2019 presidential elections case after it was broadcast live, as well as proceedings in the same-sex marriage case involving Dutch national Wilem Akster and transgender Malawian Jana Gonani.

CDEDI has therefore asked Namalomba to use his constitutional powers to direct the Malawi Broadcasting Corporation (MBC) to seek permission from the court to beam the proceedings live across the country.

The organization believes live coverage would promote transparency and allow citizens to fully appreciate the legal arguments and implications surrounding customary land ownership in Malawi.

Speaking during a press briefing in Blantyre, CDEDI Executive Director Sylvester Namiwa said the case goes beyond an individual legal dispute and touches on issues that affect every Malawian.

“This is not just about one businessman challenging a law. It is about the future of our land and whether ordinary Malawians are fully informed on decisions that may have long-term implications on ownership and control of customary land,” said Namiwa.