Africans on Private Estates Act
- Commenced on 17 August 1962
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Africans on Private Estates Act.
2. Application of the Act
3. InterpretationIn 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in pursuance of a contract which was a special agreement under the Africans on Private Estates Ordinance, 1952 (now repealed);[8 of 1952]“operative date” means the date upon which this Act comes into operation in relation to any estate by reason of its application to such estate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
5. Who may apply for registration
6. Newcomers and trespassers
7. Applications to Tribunal
8. Additions to registerAny African who, after the operative date, comes to reside on an estate, in pursuance of a valid marriage to an unmarried woman who is registered as a resident African, shall apply to the owner for and shall be entitled to registration as a resident African. No other person shall be entitled to registration as a resident African after the expiration of the registration period except in pursuance of an order of the Tribunal, or in accordance with proviso (b) to section 5 (1). A child, or other dependant brought up as a child, of a registered resident African may on attaining the age of 18 years apply to the owner for the occupation of land on the estate under a special agreement and such application shall be granted.
9. Right of Minister to enter and obtain information
10. Allocation of land
11. Liability to pay rent
12. When rent is due and recoverableRent shall be due in advance on the 1st day of January in each year and shall become recoverable from the 1st day of July next after it becomes due:Provided that no rent shall be payable in respect of the period from the 1st day of July until the 31st day of December, 1962.
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 ownersIf any other dispute shall arise as to the liability or rights of resident Africans or liability and rights of the owners of any estate under this Act, such dispute shall be referred to the Tribunal for its determination.
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 orderAny person who wilfully ignores or neglects or disobeys an order of the Tribunal made in accordance with this Act shall be guilty of an offence.
24. Resettlement of evicted resident AfricansWhere a resident African has, under this Act, been ordered to quit the estate on which he resides, the Government shall afford such resident African such assistance as may be necessary to enable him to obtain a suitable site for his dwelling and cultivable land on customary land or public land.
25. Special agreement
26. Minister may make schemes
27. Effect of ActThis Act shall have effect notwithstanding any condition to the contrary, express or implied, in any past grant or lease of public land.
28. PenaltyAny person who is guilty of an offence under this Act shall be liable to a fine of K200 and to imprisonment for six months.
29. Regulations and rulesThe Minister may make regulations—
History of this document
17 August 1962