MHRC demands action on Kasasile court order

The Malawi Human Rights Commission (MHRC) has demanded immediate government action to enforce a High Court order on the long-running Kasasile land dispute, saying affected families have waited too long for justice.

In a statement, the Commission said the High Court ordered the Government on 28 April 2025 to resolve the dispute within 90 days, but the order remains unimplemented.

MHRC said the situation escalated this week after internally displaced people from Kasasile, under Traditional Authority M’bwana in Nkhata Bay District, travelled to Lilongwe seeking justice.

The Commission said media reports indicated that elderly people, women and children were exposed to difficult conditions during the journey, highlighting the urgency of resolving the dispute.

The displaced villagers later returned to their camp after refusing to engage in relocation talks while at Jenda CCAP Livingstonia Mission.

One of their leaders, identified only as Mr Gondwe, said the villagers wanted either to proceed to Lilongwe as earlier planned or return to their camp.

After receiving food supplies from the Department of Disaster Management Affairs (DoDMA), the villagers were transported back to their camp using three Malawi Defence Force (MDF) vehicles.

Discussions between government and the displaced villagers were scheduled for Tuesday, July 28.

MHRC said it was concerned by what it called the failure of the Ministry of Local Government, Unity and Culture and the Nkhata Bay District Council to comply with the court order.

“Compliance with court orders is not optional; it is a constitutional obligation and a fundamental requirement of the rule of law,” the Commission said.

The Commission said Malawi’s obligations under the African Union Kampala Convention require the Government to protect internally displaced persons, provide humanitarian assistance and secure durable solutions through safe return, local integration or resettlement.

MHRC said continued displacement affected several constitutional rights, including the right to dignity, property and development.

The Commission said the displacement had disrupted children’s education and exposed affected families to inadequate shelter, food, sanitation and other basic necessities.

While welcoming the Government’s announcement that land had been identified for resettlement, MHRC said the announcement alone did not amount to implementation.

“The true measure of compliance will be whether the displaced families are resettled on secure land, compensated in accordance with the law, and able to rebuild their lives with dignity,” the statement said.

The Commission called on the Government to provide emergency humanitarian assistance to displaced households within seven days and publish an implementation plan within 21 days.

It also urged authorities to complete the resettlement process, provide lawful compensation, facilitate the return of displaced children to school and disclose the legal basis for the 2024 eviction operation.

MHRC said it would monitor Government compliance and publicly report on progress.

“The people of Kasasile have waited long enough. Justice delayed is justice denied,” the Commission said.