86-yr-old Mama Kadzamira tumbles in court as she got grilled over Mchinji farm
Thirty years after the fall of Kamuzu Banda’s dictatorship and 46 years after he gifted his ‘official hostess’ a 580 acre farm in Mchinji, Mama Cecelia Kadzamira finally got to answer on the legality of the piece of land.
The land was initially acquired by politician Elias Kaphwiti Banda before he fled to exile in 1971. Court documents show that Kamuzu Banda grabbed possession of the Tichirenji Farm a year later and gave it to Kadzamira in 1978.
However, in a cross-examination tussle with the Kaphwiti Banda family’s lawyer Wapona Kita at the High Court in Lilongwe on Thursday, it was established that neither Kamuzu Banda and Kadzamira procedurally acquired the land.
Kita argued, therefore, that the farm still belonged the the Kaphwiti Banda family as there was no cancellation of the original deed and transfer of land.
Kadzamira, 86, is being represented in court by Khumbo Soko.
The aging and frail former official hostess conceded under cross examination that if there was no cancellation of the land, then the Kaphwiti Banda family has valid reasons to claim the land. She explained however, that she protested over the manner in which Kaphwiti Banda’s approach when they attempted to reclaim the farm. The family had camped at the farm to force Kadzamira to give up ownership of the land.
“Even if it is your land, you have to ask for permission. They should have been more diplomatic,” she said, conceding that she called the Police to get them to force the family off the property.
Kadzamira told the court that although the assumed ownership of the farm, which is adjacent her Chalimbana Estate, in 1978, she only finalised the registration in 1989.
Kita impressed upon the court that a lease is invalid if it is not registered within three months.
According to court documents, after he fled the country, the government sent Malawi Young Pioneers (MYP) to chase away people that had been left on the farm.
Months ago, in an expression of frustration over court delays, the family of the Kaphwiti Banda staged a vigil at the Lilongwe Civil Registry pressing for a court date in their endeavor to reclaim the 583-hectare Tichitenji Farm.
The Kaphwiti family asserted ownership through a title deed, Lease Number 34722, issued by the Ministry of Lands in 1968, valid for 99 years.
Tapiwa Kaphwiti Banda, family spokesperson, elucidated: “What we seek here is justice. Since initiating this case in 2014 upon discovering the original title deed, there has been no movement in court, not even a scheduled hearing.”
Led by their 72-year-old matriarch, the Kaphwiti family presented a petition to Chief Justice Rizine Mzikamanda through the Lilongwe Civil Registry.
However, in an interview with NyasaTimes then, Kadzamira’s lawyer Khombo Soko accused the family using the vigil as an attempt to influence the Judge.
“I actually think it’s a silly stunt that borders on contempt of court. And we take exception to it. We have actually protested to their lawyers,” he said.
He cited that the family is represented in the matter by two law firms with whom they should have raised their concerns.
“Their lawyers know exactly where the matter is at and why it is taking time. In fact, we failed to progress last time we appeared before the Judge because they had decided to issue a Third Party Notice against the Attorney General so that he too can be heard on the matter. By the time the Court convened, the AG had not been served with the papers. This amongst other reasons is why the matter failed to proceed. As you can see, this is hardly the Court’s fault.
“Of course, we want the matter resolved as of yesterday. After all, it is our client who went to court,” Soko said.
According to court documents, Kaphwiti Banda acquired the farm in 1968, developing structures such as staff quarters, a maize meal, and a shop. However, when he fled to exile in Zambia in 1971, his properties, including the Tichitenji Farm, were seized.
Upon the advent of democracy in 1993, Kaphwiti returned, reclaiming only the commercial plots. A fortunate discovery of title deeds for these plots aided the family in regaining possession with the assistance of the courts. Despite this triumph, Kaphwiti’s dream of reclaiming the farm remained unrealized until his passing in 2012.
The family unearthed the farm’s title deed at the Ministry of Lands in 2013. The estate, initially named Tichitenji Farm by Kaphwiti, was later renamed Chalimbana Farm by Kadzamira.
In their pursuit, the family sought a bank loan, necessitating a change in ownership and a valuation of the plots. The Ministry of Lands provided the deed, explaining its presence among documents Barclays Bank surrendered when closing its operations in the country.
For the past decade, the family has attempted dialogue with Kadzamira, who has remained elusive. A letter of claim received a response through lawyer Titus Mvalo, asserting that the farm was gifted to her by Kamuzu.
Falesi Kaphwiti, Elias’s wife, challenges Kadzamira, contending that the first title deed handed to her is genuine. Legal submissions seek indemnity and an order to rectify the land register, canceling the lease granted to Kadzamira on the land belonging to Elias Kaphwiti Banda.
Kadzamira maintains ownership, citing a 1982 Deed of Surrender from Kamuzu. A letter dated June 16, 2016, emphasizes Kamuzu’s surrender of both Chalimbana Estate and Tichitenji Estate, with Kadzamira obtaining her own title deed for the latter.
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