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Thirty years after the fall of Kamuzu Banda’s dictatorship and 46 years after he gifted his 580-acre farm in Mchinji to his “official mistress”, Mama Cecilia Kazamira finally has an answer about the legality of the land.
The land was originally acquired by politician Elias Kaphwiti Banda before he went into exile in 1971. Kamuzu Banda took possession of Tichirenji Farm a year later and gave it to Kadzamira in 1978, court documents show.
However, during cross-examination with Kaphwiti Banda family lawyer Wapona Kita at the Lilongwe High Court on Thursday, the court ruled that neither Kamuzu Banda nor Kadzamira had gone through the process to acquire the land.
Therefore, Kita argued that the farm still belonged to the Kaphwiti Banda family because the original land deed and transfer had not been cancelled.
Kadzamira, 86, was represented in court by lawyer Khumbo Soko.
Under cross-examination, the elderly and frail former official mistress admitted that if the land had not been revoked, then the Kaphwiti Banda family would have had legitimate grounds to claim the land back. But she explained that she protested against the Kaphwiti Banda family’s actions when they tried to reclaim the farm. The family had camped on the farm to force Kadzamira to give up the land ownership.
“Even if it’s your land, you have to ask for permission. They should be more diplomatic,” she said, admitting that she called the police to force the family off the land.
Kazamilah told the court that although she acquired the title to the farm, which is adjacent to the Charimbana estate, in 1978, it was not registered until 1989.
Kita stressed to the court that if a lease is not registered within three months, it becomes invalid.
After he fled the country, the government sent the Malawi Young Pioneers (MYP) to evict those who remained on the farm, according to court documents.
A few months ago, to express their dissatisfaction with the court delay, the family of Kaphwiti Banda went to the Lilongwe Civil Registry Office to hold a vigil, urging a court date to be fixed to reclaim the 583-hectare Tichtengi farm.
The Kaphwiti family claims ownership through a title deed (lease number 34722) issued by the Land Department in 1968, valid for 99 years.
“What we are seeking here is justice. Since the original title deed was discovered in 2014 and the case was filed, there has been no progress in court, not even a hearing has been scheduled,” explained family spokesperson Tapiwa Kaphwiti Banda.
Led by the 72-year-old matriarch, the Kavviti family filed a petition with Chief Justice Rizine Mzikamanda through the Lilongwe Civil Registry.
However, speaking to the Nyasa Times, Kadzamira’s lawyer, Khombo Soko, accused the family of using the vigil to try to influence the judge.
“I really think it’s a stupid move, almost contempt of court. We object to it. We’ve actually protested to their lawyers,” he said.
He noted that the family was represented by two law firms in the matter and that they should have expressed their concerns to those firms.
“Their lawyers are very aware of where things are going and why it’s taking so long. In fact, no progress was made the last time we were in court because they decided to send a third party notice to the Attorney General so that he could also speak on the matter. By the time the court date came, the Attorney General had not received the document. This and other reasons are why the case has not been able to proceed. As you can see, it’s hardly the court’s fault.
“Of course, we hope that this matter has been resolved since yesterday. After all, it was our client who went to court,” Soko said.
According to court documents, Kavwiti Banda acquired the farm in 1968 and built facilities such as staff accommodation, a maize mill and a shop. However, when he fled to Zambia in 1971, his properties, including Tichitengi Farm, were confiscated.
After the establishment of democracy in 1993, the Kavvithis returned to their homeland and only reclaimed the commercial land. Fortunately, the deeds to the plots were discovered and with the help of the courts, the Kavvithis regained the land. Despite the victory, the Kavvithis dream of reclaiming their farms remained unfulfilled until his death in 2012.
The family found the title deed to the farm at the Ministry of Lands in 2013. The farm was originally named Tichitenji Farm by Kaphwiti and later renamed Chalimbana Farm by Kadzamira.
To achieve this, the family sought a bank loan, which necessitated a change of ownership and a valuation of the land. The Lands Department provided the title deed and explained why it appeared in documents handed over by Barclays when it closed its operations in the country.
The family has been trying to speak to Kazamira for the past decade but there has been no news. Lawyer Titus Mwalo sent her a letter of claim, claiming that the farm was gifted to her by Kamuzu.
Elias’ wife, Falessi Kavwiti, challenged Kazamira, saying the first title deed handed to her was genuine. The legal action seeks compensation and an order to correct the land register and cancel Kazamira’s lease on Elias Kavwiti Banda’s land.
Kadzamira retained ownership and cited the Deed of Renunciation signed by Kamuzu in 1982. A letter dated June 16, 2016 stressed that Kamuzu had relinquished the Chalimbana and Tichitenji estates, while Kadzamira obtained the title deed to the latter.
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