The Land (Amendment) Act 2022, which took full effect from 2022, introduced significant restrictions on land ownership and acquisition by non-Malawians. For foreign companies planning to acquire land — or even lease it — for agricultural, industrial, or commercial purposes, understanding the new framework is essential.

What the 2022 Act changed

Non-Malawians cannot own freehold land. The Act explicitly prohibits the sale or grant of freehold title to non-Malawians. Foreign companies and individuals cannot hold land in Malawi in their own names in the same way Malawian citizens can.

Leasehold through MITC. Land designated for investment purposes is allocated to the Malawi Investment and Trade Centre (MITC). MITC then creates derivative rights — essentially long-term leases — to investors in accordance with the Investment and Export Promotion Act. This is the correct route for foreign companies seeking land for investment purposes.

Undeveloped land can be reclaimed. If development is not commenced within two years of land allocation, the government has the power to reclaim the land. This creates a real timeline pressure for investors who acquire land positions but are slow to begin development.

No transfers between non-Malawians. Non-Malawians cannot transfer land title among themselves — even by gift. Any transfer of a land position must involve the MITC process.

The policy context

The 2022 reforms were driven by domestic political pressure around land access for smallholder farmers, particularly in southern Malawi where large-scale farms — some with colonial-era origins — occupy land that communities claim as ancestral territory.

The government’s stated intent was to ensure land is used productively and that Malawian citizens have access to land for agriculture. The restrictions on foreign ownership are a response to historical patterns of foreign land acquisition that generated local resentment.

What this means for agricultural investment

Foreign companies wishing to operate commercial agriculture in Malawi face a more complex land access structure than in previous years. Options include:

Long-term lease through MITC — the primary route for foreign investors. Lease terms and conditions are negotiated through MITC’s One-Stop Shop. This provides a legal and documented land tenure that is enforceable, though not freehold ownership.

Contract farming / outgrower arrangements — rather than owning or leasing land directly, foreign companies work with Malawian farmers on a contract basis. The company provides inputs, technical support, and a guaranteed purchase price; the farmer provides land and labour. This model avoids the land ownership question entirely and can be highly effective for agricultural supply chains.

Joint venture with a Malawian entity — a Malawian company can hold freehold land, and a joint venture structure can give the foreign partner economic exposure to the land-based activity while the Malawian entity holds the title.

Practical navigation

Land administration in Malawi — registering rights, processing MITC allocations, managing boundary surveys — is handled by a system that is improving but remains administratively slow. The new Companies and IP Centre Act (2025) includes land administration reform in its mandate, but practical improvements will take time.

For any agricultural, industrial, or commercial investment involving land in Malawi, we recommend starting the land access process early in the investment preparation phase. Two years is not an unusual timeline from initial land identification to having a documented, registered tenure position.

Sources: Land (Amendment) Act 2022, MITC, Devex, Land Portal, Cadasta Foundation.