Assessing compensation for customary property rights in Malawi: the case of Mombera University project

Abstract

Provision of public infrastructure and services in various sectors such as agriculture, mining, transport, education, rural development, and health, among others, requires a lot of land, which government usually expropriates as it may not have the appropriate land, or available in limited quantities, or in appropriate locations. Compensation is normally required to cover expropriatory losses occasioned to expropriated people. This paper aims to deepen our understanding of the applicability of market value as a basis for valuing customary property rights for compensation purposes during expropriation. By using the case of Mombera University Project, this paper analyses how compensation is assessed for customary property rights that are dominant in Malawi. The paper demonstrates that practically compensation for expropriating customary properties is generally inappropriate because market value, as a compensation valuation basis, and the methods used for its determination, are ill-equipped for customary properties. In this regard, the paper argues that prevailing assessment practices lead to inappropriate compensation for customary property rights.
Key words: Compensation, customary property rights, expropriation, Malawi, market value