Introduction
This essay examines the incompatibility between the neoliberal emphasis on “clear and strong” property rights and the plural, relational, and socially embedded nature of customary land tenure systems in Malawi. Neoliberal orthodoxy, which prioritises individualised, market-driven land ownership, often overlooks the complex socio-cultural dimensions of customary tenure, leading to its erosion. Malawi, a country where over 60% of land is held under customary tenure, provides a critical case study for understanding these tensions. This essay will first outline the principles of neoliberal property rights and customary land tenure in Malawi. It will then analyse how the imposition of neoliberal frameworks disregards the pluralistic and communal aspects of customary systems, before exploring the resulting erosion of social structures and customary spaces. The discussion draws on academic literature and official reports to highlight the limitations of neoliberal approaches in such contexts, concluding with reflections on the broader implications for land law and policy.
Neoliberal Property Rights and Their Core Assumptions
Neoliberalism, as a dominant economic and political ideology since the late 20th century, advocates for clearly defined and enforceable property rights as a prerequisite for economic development (Harvey, 2005). This perspective, often championed by institutions like the World Bank, posits that individual ownership with secure titles fosters investment, reduces conflict, and enables market efficiency. The emphasis on “clear and strong” rights typically involves formal registration and titling of land, aiming to transform land into a tradable commodity. Harvey (2005) argues that this approach assumes a universal applicability of Western property norms, often ignoring local contexts. In Malawi, neoliberal reforms have been pushed through initiatives like the 2002 Malawi National Land Policy, which sought to formalise land ownership to spur agricultural productivity (Government of Malawi, 2002). However, this framework presumes a homogeneity of land relations that does not align with the realities of customary tenure, creating a fundamental disconnect.
Customary Land Tenure in Malawi: Plural, Relational, and Embedded
Customary land tenure in Malawi is characterized by its pluralism, relational dynamics, and deep social embeddedness. Unlike neoliberal models of individual ownership, customary systems involve collective rights managed by traditional leaders such as chiefs, who allocate land based on community needs and cultural norms (Peters, 2009). Land is not merely an economic asset but a repository of social identity, kinship ties, and historical continuity. For instance, access to land often depends on lineage, gender, and community status, reflecting a relational web of obligations rather than fixed ownership (Chinsinga, 2008). Furthermore, customary spaces—such as communal grazing areas or sacred sites—carry spiritual and cultural significance, reinforcing social cohesion. Peters (2009) notes that these systems are inherently flexible, adapting to local demographic and environmental changes. This complexity, however, is frequently misunderstood or dismissed by neoliberal frameworks that prioritise uniformity and legal clarity over socio-cultural nuances.
Neoliberal Orthodoxy’s Failure to Account for Customary Systems
The neoliberal push for “clear and strong” property rights fails to account for the plural and relational nature of customary tenure in several ways. First, the emphasis on individual titling disregards the communal ownership inherent in customary systems. In Malawi, land registration initiatives under neoliberal reforms have often led to the exclusion of vulnerable groups, such as women and non-lineage members, who hold secondary or informal rights under customary law (Chinsinga, 2008). For example, while a household head may receive a title, others dependent on the same land lose their access, fracturing relational ties. Second, neoliberal policies assume land as a detachable commodity, ignoring its social embeddedness. Formal titling programs, as supported by the 2002 Land Policy, have struggled to accommodate customary spaces like communal forests or burial grounds, which are often redesignated or lost to private ownership (Government of Malawi, 2002). This reductionist approach, as critiqued by Peters (2009), overlooks the multiplicity of rights and meanings attached to land, rendering neoliberal reforms incompatible with local realities.
Erosion of Customary Land Tenure and Spaces
The imposition of neoliberal property rights has directly contributed to the erosion of customary land tenure and spaces in Malawi. One key impact is the fragmentation of communal land holdings. As individual titling is prioritised, communal areas—vital for shared resources like water or firewood—are often subdivided or privatised, disrupting community livelihoods (Kanyongolo, 2005). For instance, in rural districts like Mulanje, land registration has led to increased disputes over boundaries, as traditional consensus mechanisms are replaced by rigid legal frameworks ill-suited to local norms (Chinsinga, 2008). Furthermore, the commodification of land undermines the social safety nets embedded in customary systems. Where land was once allocated based on need, market-driven reforms have intensified inequalities, with wealthier individuals or foreign investors acquiring large tracts at the expense of poorer communities (Kanyongolo, 2005). Indeed, this erosion extends to customary spaces, many of which lose their cultural significance under formal ownership models that fail to recognise non-economic values. The result is not only a loss of land but also a weakening of social cohesion and identity.
Critical Reflections on Neoliberal Reforms in Malawi
While neoliberal reforms aim to enhance economic efficiency, their application in Malawi highlights significant limitations. The assumption that “clear and strong” property rights universally drive development ignores the contextual specificities of customary tenure. As Peters (2009) argues, such policies often exacerbate rather than resolve land conflicts, particularly in contexts with overlapping claims and historical inequities. Moreover, the erosion of customary systems raises questions about sustainability and social justice. Formal titling may benefit a minority with access to legal resources, but it often marginalises the majority who rely on informal arrangements (Kanyongolo, 2005). This tension suggests a need for hybrid models that integrate elements of customary tenure into formal frameworks, rather than wholly displacing them. Without such consideration, neoliberal orthodoxy risks perpetuating exclusion and cultural loss in countries like Malawi.
Conclusion
In conclusion, the neoliberal orthodoxy of “clear and strong” property rights fundamentally fails to account for the plural, relational, and socially embedded nature of customary land tenure in Malawi. By prioritising individual ownership and market mechanisms, neoliberal reforms overlook the communal and cultural dimensions of land, leading to the erosion of customary systems and spaces. Evidence from Malawi shows that such policies fragment communal resources, intensify inequalities, and disrupt social structures, as seen in rural land disputes and the marginalisation of vulnerable groups. These findings underscore the limitations of universalist approaches to land law, highlighting the need for policies that respect local contexts and integrate customary norms. Ultimately, the challenge for land reform in Malawi—and indeed, across much of sub-Saharan Africa—lies in balancing economic objectives with the preservation of socio-cultural heritage, a task that neoliberal frameworks, as currently conceived, are ill-equipped to achieve.
References
- Chinsinga, B. (2008) Exploring the politics of land reforms in Malawi: A historical perspective. Journal of Southern African Studies, 34(3), pp. 615-634.
- Government of Malawi. (2002) Malawi National Land Policy. Ministry of Lands, Housing and Urban Development.
- Harvey, D. (2005) A Brief History of Neoliberalism. Oxford University Press.
- Kanyongolo, F. E. (2005) Land occupations in Malawi: Challenging the neoliberal legal order. In: Moyo, S. and Yeros, P. (eds.) Reclaiming the Land: The Resurgence of Rural Movements in Africa, Asia and Latin America. Zed Books, pp. 118-141.
- Peters, P. E. (2009) Challenges in land tenure and land reform in Africa: Anthropological contributions. World Development, 37(8), pp. 1317-1325.
