Customary law

Traditional leaders in Malawi win against property developer who hid information from court

TRADITIONAL leaders in Malawi’s Chikwawa district have won a significant court victory over a developer. This after he asked for judicial help in throwing a local community off land where they have lived for many years – but failed to disclose key facts to the court. An initial injunction against the local community was granted earlier this year, but then it emerged that he hid important facts in his original application, brought without notice to the traditional community.

Traditional king ordered to appear in court and testify about his decisions

High court judge, Maphios Cheda, was faced with a tricky issue earlier this month. A group of Namibian traditional leaders, ousted by the King after allegations of misconduct and other “transgressions”, challenged the King’s decision to remove them and appoint other traditional leaders in their place. The suspended leaders said the King was of advanced age and no longer able to make decisions on his own.

The unusual court case was the result of a long-running feud within Namibia’s Ondonga traditional authority and involves senior traditional leaders and advisers to the King, the “Omukwaniilwa” of Ondonga. At some stage six of these advisers were sacked and they then asked the court to intervene.

Collective Land Ownership in the 21st Century: Overview of Global Trends

Statutory recognition of rural communities as collective owners of their lands is substantial, expanding, and an increasingly accepted element of property relations. The conventional meaning of property in land itself is changing, allowing for a greater diversity of attributes without impairing legal protection.

Land 20187(2), 68; doi:10.3390/land7020068

by Liz Alden Wily

Van Vollenhoven Institute, Leiden Law School, P.O. Box 9520, 2300 RA Leiden, The Netherlands

Received: 30 April 2018 / Accepted: 21 May 2018 / Published: 29 May 2018

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