By Gift Chiponde
Lilongwe, December 9, Mana: Ministry of Lands has raised concerns about individuals, particularly in Lilongwe, occupying and developing public land without authorization.
A statement released on Monday and signed by Secretary for Lands, Devie Chilonga, has pointed out that the areas most affected include Area 12, 10, 43, 46, and 47, where residents are extending their plots by encroaching on dambo areas and tree belts without proper authorization.
According to the Ministry, this behavior violates Section 20 of the Land Act, which states that any person who uses or occupies public land without a valid grant, lease or other authorization from the Minister commits an offense.
Section 54 of the Physical Planning Act states that any individual who subdivides land or enters into a subdivision agreement, or commences development without the required grant of development permission, commits an offense.
"Upon conviction, the offender shall be liable to a fine of K500, 000 and imprisonment for three years. In the case of a continuing offense, an additional fine of K2, 000 may be imposed for each day the offense continues after conviction.
Furthermore, the Ministry has reminded the public that constructing buildings in road reserves, river reserves, forest reserves, or open spaces is unacceptable.
The Ministry says it will support local councils in stopping or demolishing any unauthorized developments in unplanned areas in contravention of relevant legislation including the Land Act, Physical Planning Act, Water Resources Act, Public Roads Act and Environment Management Act, among others.
The Ministry has, therefore, issued a warning to developers who have extended their plots without authorization, indicating that they are in breach of their agreements and risk having their leases terminated.
"Therefore, the Ministry and local government authorities will continue to protect public land by issuing eviction orders. If necessary, they will prosecute the encroachers.
“Additionally, city and district councils are legally mandated to enforce actions, including the demolition of any structures built without authorization," the statement emphasized.