AFRICANS ON PRIVATE ESTATES

CHAPTER 33:01
AFRICANS ON PRIVATE ESTATES

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Application of the Act

    3.    Interpretation

    4.    Registers to be kept

    5.    Who may apply for registration

    6.    Trespassers

    7.    Applications to Tribunal

    8.    Additions to register

    9.    Right of Minister to enter and obtain information

    10.    Allocation of land

    11.    Liability to pay rent

    12.    When rent is due and recoverable

    13.    Receipts for rent paid or certificates

    14.    Resident Africans may work for wages

    15.    Owner to deduct rent from wages

    16.    Economic crops

    17.    Disputes between resident Africans and owners

    18.    Establishment of the Tribunal

    19.    Resident Africans not to quit estate except on lawful order

    20.    Order to quit

    21.    Power to make orders

    22.    Compensation for disturbance

    23.    Offence to disobey order

    24.    Resettlement of evicted resident Africans

    25.    Special agreement

    26.    Minister may make schemes

    27.    Effect of Act

    28.    Penalty

    29.    Regulations and rules

12 of 1962
26 of 1971
26 of 1988
G.N. 43/1963
1/1965
137/1966
166/1967

    An Act to regulate the conditions on which Africans may reside on Private Estates, the Orderly Development of Agricultural Land and Matters connected therewith

1.    Short title

    This Act may be cited as the Africans on Private Estates Act.

2.    Application of the Act

    (1) This Act shall apply to such part or parts of Malawi as the Minister may, by notice published in the Gazette, direct.

    (2) This Act shall not apply to any African who is in occupation of land on an estate by virtue of a valid lease or tenancy agreement for a period of not less than two years.

    (3) The Minister may by notice published in the Gazette suspend or rescind the application of this Act to any part or parts of Malawi to which it has been applied.

3.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘African’’ means any person who is a member of an African community indigenous to Malawi, Tanzania, Zambia or Mozambique;

    ‘‘economic crops’’ means such crops as are grown for sale and not for the consumption of the grower or his family;

    ‘‘estate’’ means an undivided area of land, the legal right to occupy which is vested in some person other than the Government;

    ‘‘exempted African’’ in relation to an estate means any African employee serving the owner of such estate otherwise than under this Act and living in a dwelling constructed at the expense of the owner and, during the registration period referred to in section 5, includes an African residing on an estate in pursuance of a contract which was a special agreement under the Africans on Private Estates Ordinance, 1952 (now repealed);

8 of 1952

    ‘‘operative date’’ means the date upon which this Act comes into operation in relation to any estate by reason of its application to such estate under section 2 (1);

    ‘‘owner’’ means any person, other than the Government, having a legal right, otherwise than under this Act, to occupy the estate in respect of which such term is used;

    ‘‘resident African’’ means any African who is entitled to be registered as such under this Act;

    ‘‘Tribunal’’ means the Africans on Private Estates Tribunal established under section 18;

    ‘‘special agreement’’ means a written agreement made in accordance with section 25;

    ‘‘unmarried woman’’ means a woman who has not married and includes—

    (a)    a widow who has not remarried;

    (b)    a divorced woman who has not remarried;

    (c)    a woman whose husband has been absent from Malawi for a continuous period of two years or upwards and is still absent;

    (d)    a woman the whereabouts of whose husband have been unknown for a continuous period of two years or upwards and whose whereabouts are still unknown.

4.    Registers to be kept

    (1) Every owner shall register all resident Africans on his estate in a register which shall be in such form and contain such particulars as the Minister may prescribe.

    (2) Every resident African registered under subsection (1) shall be supplied by the owner with a document in the form prescribed by the Minister certifying his registration.

    (3) Every owner shall keep a separate register, which shall be in such form and contain such particulars as the Minister may prescribe, of all Africans who enter his estate under a special agreement.

    (4) Every owner who contravenes this section shall be guilty of an offence.

5.    Who may apply for registration

    (1) Every male African over the apparent age of 18 years and every unmarried African woman over the apparent age of 18 years who,…