By Jones Gadama
The High Court in Mulanje convened yesterday to continue hearing a case in which 459 claimants have sued the Attorney General (AG) for the alleged destruction of property during the implementation of the Malawi Rural Electrification Programme (MAREP).
The claimants are seeking additional compensation from the Malawi Government for the use of their land, which they argue has caused them significant losses.
Representing the AG’s Chambers, lawyers Yahya Kunje and Ndoli Chiume cross-examined the claimants’ expert witness, James Andiwotchi, on various issues concerning the land.
The AG’s Chambers is contesting the claims, describing them as unjustifiable. According to the AG’s Chambers, many complainants are still using the land for gardening and continue to reside in the houses for which they are claiming compensation.
The villagers argue that the installation of electricity poles on their land under MAREP has caused them losses.
They claim that the poles have affected their ability to use their land for agricultural purposes, and they are seeking fair compensation for the alleged losses.
However, the AG’s Chambers maintains that the claims are exaggerated and lack justification.
The Court adjourned the proceedings to July 23, 24, and 25, 2025, to allow for further deliberations.
The outcome of this case will have significant implications for the Malawi Government’s efforts to expand access to electricity in rural areas.
MAREP is a government initiative aimed at reducing poverty, boosting rural economies, improving productivity, and enhancing the delivery of social services.
The program has been instrumental in providing electricity to many rural communities, but it has also raised concerns about the impact on landowners.
According to Ndoli Chiume from the AG’s Chambers, the government is committed to ensuring that the rights of all parties are protected.
“We are contesting the claims because we believe they are unjustifiable,” Chiume said. “The government has already provided compensation to the landowners, and we believe that further claims are unwarranted.”
The claimants, on the other hand, argue that the compensation provided so far has been inadequate.
They claim that the installation of electricity poles has caused them significant losses, including damage to their crops and reduced agricultural productivity.
The case highlights the challenges that governments face in balancing the need for infrastructure development with the rights of landowners.
As the court continues to hear the case, it will be important to consider the impact of MAREP on rural communities and the need for fair compensation for landowners.
The outcome of this case will have significant implications for the future of infrastructure development in Malawi.
If the court rules in favor of the claimants, it could set a precedent for future cases involving land compensation.
On the other hand, if the court rules in favor of the AG’s Chambers, it could limit the ability of landowners to seek compensation for losses incurred during infrastructure development projects.
