Malawi Human Rights Commission Mediates the Mchengautuwa Case The Malawi Human Rights commission was served with a copy of order on the case which was presided over by justice Dr. Redson Kapindu on the application made by Inkosana Kangawa Mhone, Franklin Harawa and others on their behalf and on behalf of residents of Mchengautuwa restraining the Malawi Housing Corporation from evicting or taking possession of the houses or plots in Mchengautuwa. The court directed that Malawi Housing Corporation (MHC) and residents of Mchengautuwa engage with each other meaningfully, with the assistance of the Human Rights Commission (MHRC) in an effort to resolve the differences. The Commission at first embarked on an investigation whereby each party was separately consulted with a view to understand the issues from the perspective of each party. On 7th October, 2014 the Commission engaged both parties in mediation but did not conclude the mediation as the parties agreed to adjourn the proceedings to allow them to further consult on particular issues. Mediation resumed on 22nd October, 2014 and, during the mediation, several matters of fact and law were in dispute including the following: the year when the applicants first settled on Plot No.1487 ;whether at the time of settlement the land was customary or public land; the process and procedure by which the Malawi Housing Corporation(MHC) obtained title to the land in 1993; in particular, whether all persons settled on the land were adequately or at all compensated for the loss of their respective pieces of land, and Who is the rightful owner of the land. During this meeting held at Mzuzu Registry High court Board Malawi Housing Cooperation and residents of Mchengautuwa failed to agree on the matters. It was resolved that the case has to be settled in court. Despite the failure to reach an agreement, both parties were cooperative and orderly.
Posted on: Wed, 29 Oct 2014 09:43:43 +0000
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