Government stops Lilongwe City Council from enhancing by-laws of slashing down maize cultivated on reserved plots

* The general public appreciates that the exercise was conducted pursuant to existing units-laws

* But is concerned with the timing of the exercise considering the maturity stage of the crop and the projected challenges in maize yield this growing season

By Duncan Mlanjira

Following concerns and mixed reactions over the decision by Lilongwe City Council to cut down maize grown on reserved plots of the Capital City, Ministry of Local Government, unity & Culture has ordered the Council to halt the exercise.

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The debate over the City Council’s enhancement of by-laws raged on social media as soon as pictures of the exercise went viral on Wednesday in the residential locations of Area 43 and Area 11.

In its response, the Ministry’s Principal Secretary, James Chiusiwa said it observed that the general public “appreciates that the exercise was conducted pursuant to existing units-laws, but is concerned with the timing of the exercise considering the [maturity] stage of the crop and the projected challenges in maize yield this growing season”.

As there were mixed reactions towards the exercise on social media, with some attacking the Council, others defended, saying Lilongwe residents were forewarned not to cultivate in reserved plots in residential locations.

A notice from the Council was shared dated November 7, 2023 stopping people from cultivating on the reserved plots after they took not that people had started preparing its soil ready to plant with the first rains.

The Council quoted the Constitution’s section 3(1) and section 33(1) of the Environmental Management Act no. 23 of 1996, Water Resources Act (Cap 72:3 Section 22 subsection (1) and National Water Policy items 9:7:3, 9:7:8 — that restricts people from cultivating crops on river banks and road reserve.

The residents were warned that the Council was going to slash down crops if the forewarning was ignored  but in considering that the decision to execute the warning was mistimed, saying they allowed the maize to grow to advanced maturity instead of soon after the crop had sprouted.

Concerns were raised that the people had invested a lot in the production of the maize but others argued that while this might have seemed too harsh, there was need to observe the law.

Some observed on multiple WhatsApp groups that the delayed enforcement of the law was negligence on the part of the Council and that the decision from government to halt the exercise seems political ahead of the national elections next year.

It was suggested that perhaps the authorities should have spoken in private and let the Council to quietly rescind its enforcement activity themselves.

It was also observed that the culprits who illegally cultivate on these reserved plots every year reside elsewhere and that the main area where the Council officials were seen slashing down the maize was meant for construction of a community day secondary school (CDSS).

Construction works of the school was supposed to start last week but when the contractor went to access the land, he found the fully grown maize and after raising concerns, the Council enforced what it forwarned in November.

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Some of the commentators agreed that Council decision was right since they were forewarned but at the same time there was need for adequate civic education about the bylaws — especially street vending, minibus touting, careless garbage trashing and other social nuisances — since many people were ignorant or choose to ignore in their economic desperate measures.

Others added that the people are warned all the time but they continue to cultivate and that it is not the first time they have had their maize slashed.

It was also observed that this is also part of security measures as thugs  take advantage by hiding in the dense maize to ambush passersby while others took note that farming in undesignated areas contributes to flash floods since drainage is blocked and that swamps and wetlands are destroyed as water reservoirs. 

“Let’s decide our trajectory of this country once and for all and move that direction,” said another school of thought. “It’s sad when our colleagues from other countries visit us and from aerial view of the cities they spot maize fields.”

One other contributor to the debate hinted that the affected people tried to mobilize themselves and to sue the Council but others refused to be part of the legal process, saying they were forewarned.

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But the press release from Local Government might empower the affected people to challenge the Council’s through some mercenary lawyers but since the land where maize was slashed is not zoned for urban agriculture, the farmers do not have locus stand to sue the Council.

It was opined that as a country, the people and the authorities are not serious with the laws since when those who break the law loudly cry foul, are listened to than those who enforce, hinting that the intervention by government might trigger even more impunity from the perpetrators.

“We have lost direction — we seem happy to appease than prevention,” said another, giving an example of stall in enforcing ban on plastic carrier bags after a court injunction was obtained and is yet to be challenged; and that the vendor might never accept to be removed from streets.

He added that if let free to break the law, people shall continue to mine sand for building construction in rivers and under Road bridges; that bars and pubs in residential locations shall continue to be a noice pollution nuisance.

“The list goes on — a very big bad signal has been sent here; the warnings were just a waste of resources. Cry my beloved country,” he opined.

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