Between land and law: Villagers in Nkhata Bay face eviction by Malawi Defence Force

Some 30 kilometre from the M1 road, branching off at Chambo in Mzimba North, there lies the agricultural areas of Luhomero and Kasasile.

With a population of over 1,000 people, Kasasile is an area covered in hills, forests and running streams, making it ideal for farming.

The alluvial soils and abundant water sources in the area have supported the cultivation of maize, tobacco, vegetables and trees.

A macadamia estate also thrives here.

For residents like Mwapoka Mbale, 76, Kasasile has been home for his entire life. However, things began to change in 2018 when soldiers from the Malawi Defence Force (MDF) arrived, claiming they were retracing their land beacons.

Kasasile borders the MDF’s firing range, Viphya, in the northeastern part of the area.

Mbale points to the Likanga River as the dividing line between the village and the MDF firing range.

“I have been here my whole life—born, raised, and now growing old here. This is where I call home,” he declared.

But the peace he once enjoyed is now fading as soldiers have started firing warning shots.

The villagers say two weeks ago, the men in uniform visited them, torching houses and tobacco shelters, destroying other structures, confiscating agricultural inputs and arrested two people.

Blair Msowoya, 46, was one of those arrested on August 13, 2024, for allegedly encroaching on MDF land.

He is now out on bail.

Msowoya, a father of nine, recalled how the soldiers came early in the morning, numbering around 16.

“They found my wife, but I was not far away. When I arrived, I was told they had taken some of my things, including bags of fertilizer and fuel for my bike. One of the soldiers asked me to follow them to retrieve my belongings, and I ended up in police custody,” he recounted.

Magret Mwale, a mother of six, was similarly affected.

“Two soldiers, in uniform and armed, questioned my presence on their land. When I explained that it was my land, they accused me of encroachment and immediately began torching some of my structures. I cried,” she said.

Mwale was given one week to vacate the area.

“They destroyed shelters we use for storing agricultural products, claiming that these structures were keeping us on the land they say we are encroaching on. They warned that next time, they would destroy our homes. But we are not afraid because we know this is our land,” she added.

So far, about 13 households have been affected by the raids.

Senior Group Village Headman Mpandanyale insisted that this land belongs to the villagers.

He pointed out that the area has public structures, including Bunji Junior Primary School, Kamanda and Kasasile full primary schools, all built to serve the local community.

But, MDF has maintained that it will reclaim the land, highlighting that it was properly acquired through the Ministry of Lands.

MDF spokesperson Major Emmanuel Mlelemba said the land in question is restricted; as such those found on it are encroachers.

“A high-powered delegation comprising all the stakeholders including the Traditional Authority of the said area was there last week to address the issue. You may wish to note that encroachment of military areas should not be encouraged as it threatens military readiness, safety, and environmental sustainability,” he said.

Traditional Authority M’bwana acknowledged having such a meeting but said the issues have not been resolved.

He said MDF came to him in 1967 asking for a piece of land for their operations and he gave them a portion and not the land in question.

“Let them not take the land with force; they should not use their uniforms and guns to instill fear in the people because that is my land. Apparently, discussions are still underway. This weekend I will be going there with the District Commissioner to meet my chiefs. But I repeat let them not use power to take over my land,” he said.

Ministry of Lands spokesperson Enock Chingoni asked for more time to consult relevant authorities close to the issue.

The plight of the Kasasile villagers could be one of the many in the country.

Despite living on the land for generations, the residents now find themselves in a precarious situation, where their homes, livelihoods and very existence are threatened by the military who are also claiming ownership.

Malawi’s land laws, which were reformed in recent years to protect both customary landholders and promote equitable access to land, seem to offer little solace to the villagers of Kasasile.

According to the 2016 Land Act, customary land is held in trust by traditional authorities on behalf of the people.

However, the ambiguity surrounding the ownership and boundaries of the land near the Viphya firing range complicates the issue, leaving the villagers caught between their ancestral claims and the military’s claim of ownership.

As discussions between the traditional leaders and the MDF continue, the villagers of Kasasile remain in limbo, uncertain of what the future holds.