Private European acquisition and ownership of large areas of land presented a major social and political problem for the protectorate, as Africans increasingly challenged this takeover of their land. Between 1892 and 1894, 3,705,255 acres (almost 1.5 million hectares, or 15% of the total land area of the protectorate) was alienated as European-owned estates through the colonial grant of
Certificates of Claim. Of this, 2,702,379 acres (over 1 million hectares) in the north of the protectorate had been acquired by the
British South Africa Company for its mineral potential; it was never turned into
plantations. But much of the remaining land, some 867,000 acres (over 350,000 hectares) of estates, included a large proportion of the best arable lands in the
Shire Highlands, which was the most densely populated part of the country and where Africans had relied on subsistence farming. The first Commissioner of the Protectorate, Sir Harry Johnston, had hoped that the Shire Highlands would become an area for large-scale European settlement. He later considered it was too unhealthy. He acknowledged that it had a large African population who required sufficient land for their own use, although his successors did not share this view. Additional land alienations were much smaller. Around 250,000 acres of former Crown Lands were sold as freehold land or leased, and almost 400,000 acres more, originally in Certificates of Claim, were sold or leased in holdings whose average size was around 1,000 acres. Many of these were smaller farms operated by Europeans who came to Nyasaland after the First World War to grow
tobacco. As late as 1920, a Land Commission set up by the Nyasaland authorities proposed further land alienation, to promote the development of small to medium-size European plantations, from the 700,000 acres of Crown Land which it said were available after the present and future needs of the African people were met. This plan was rejected by the Colonial Office. Much of the best land in the Shire Highlands was alienated to Europeans at the end of the 19th century. Of more than 860,000 acres (over 350,000 hectares) of estates in the Shire Highlands, only a quarter was poor-quality land. The other 660,000 acres were in areas of more fertile soils, which had a total area of some 1.3 million acres in the Shire Highlands. But two large belts one from Zomba town to Blantyre-Limbe, the second from Limbe to Thyolo town were almost entirely estates. In these two significant areas, Trust land for Africans was rare and consequently overcrowded. In the early years of the protectorate, little of the land on estates was planted. Settlers wanted labour, and encouraged existing African residents to stay on the undeveloped land. According to L. White, by the 1880s large areas of the Shire Highlands may have become underpopulated through fighting or slave raiding. It was these almost empty and indefensible areas that Europeans claimed in the 1880s and 1890s. Few Africans were resident on estate lands at that time. After Europeans introduced the requirement for rent payments by tenant farmers, many Africans left the estates. Earlier African residents who had fled to more defensible areas usually avoided returning to settle on estates. New workers (often the so-called
"Anguru" migrants from Mozambique) were encouraged to move onto estates and grow their own crops, but were required to pay rent. In the early years, this was usually satisfied by two months' labour annually, under the system known as
thangata. Later, many owners required a longer period of labour to pay the "rent." In 1911 it was estimated that about 9% of the protectorate's Africans lived on estates; in 1945, it was about 10%. These estates comprised 5% of the country by area, but about 15% of the total cultivable land. Estates appeared to have rather low populations relative to the quality of their land. Three major estate companies retained landholdings in the Shire Highlands. • The
British Central Africa Company once owned 350,000 acres, but before 1928 it had sold or leased 50,000 acres. It retained two large blocks of land, each of around 100,000 acres, in the Shire Highlands. The rest of its properties were in or near to the Shire valley. From the late 1920s, it obtained cash rents from African tenants on crowded and unsupervised estates. •
A L Bruce Estates Ltd owned 160,000 acres, mostly in the single
Magomero estate in Zomba, and Chiradzulu districts. Before the 1940s, it had sold little of its land and preferred to farm it directly; by 1948 the estate was largely let to tenants, who produced all its crops. •
Blantyre and East Africa Ltd had once owned 157,000 acres in Blantyre and Zomba districts, but sales to small planters reduced this to 91,500 acres by 1925. Until around 1930, it marketed its tenants' crops, but afterwards sought cash rents. The 1920 Land Commission also considered the situation of Africans living on private estates, and proposed to give all tenants some security of tenure. Apart from the elderly and widows, all tenants would pay rents in cash by labour or by selling crops to the owner, but rent levels would be regulated. These proposals were enacted in 1928 after a 1926 census had shown that over 115,000 Africans (10% of the population) lived on estates. Before 1928, the prevailing annual rent was 6
shillings. After 1928, maximum cash rents were fixed at £1 (20 shillings) for a plot of 8 acres, although some estates charged less. The "equivalent" rents in kind required delivering crops worth between 30 and 50 shillings instead of £1 cash, to discourage this option. Estate owners could expel up to 10% of their tenants every five years without showing any cause, and could expel male children of residents at age 16, and refuse to allow settlement to husbands of residents' daughters. The aim was to prevent overcrowding, but there was little land available to resettle those expelled. From 1943, evictions were resisted.
Native Trust British legislation of 1902 treated all the land in Nyasaland not already granted as freehold as Crown Land, which could be alienated regardless of its residents' wishes. Only in 1904 did the Governor receive powers to reserve areas of Crown Land (called
Native Trust Land) for the benefit of African communities, and it was not until 1936 that all conversion of Native Trust Land to freehold was prohibited by the 1936 Native Trust Lands Order. The aims of this legislation were to reassure the African people of their rights in land and to relieve them of fears of its alienation without their consent. Reassurance was needed, because in 1920 when Native Trust Land covered 6.6 million acres, a debate developed about the respective needs of European and African communities for land. The protectorate administration suggested that, although the African population might double in 30 years, it would still be possible to form new estates outside the Shire Highlands. Throughout the whole protectorate, the vast majority of its people were rural rather than urban dwellers and over 90% of the rural African population lived on Crown Lands (including the reserves). Their access to land for farming was governed by customary law. This varied, but generally entitled a person granted or inheriting the use of land (not its ownership) the exclusive right to farm it for an indefinite period, with the right to pass it to their successors, unless it was forfeited for a crime, neglect or abandonment. There was an expectation that community leaders would allocate communal land to the community members, but limit its allocation to outsiders. Customary law had little legal status in the early colonial period and little recognition or protection was given to customary land or the communities that used it then. It has been claimed that throughout the colonial period and up to 1982 Malawi had sufficient arable land to meet the basic food needs of its population, if the arable land were distributed equally and used to produce food. As early as 1920, while the Land Commission did not consider that the country was inherently overcrowded, it noted that, in congested districts where a large proportion of the working population was employed, particularly on tea estates or near towns, families had only 1 to 2 acres to farm. By 1946, the congested districts were even more crowded.
Reform From 1938, the protectorate administration began to purchase small amounts of under-used estate land for resettlement of those evicted. These purchases were insufficient and, in 1942, hundreds of Africans in the Blantyre District who had been served with notices to quit refused to leave since there was no other land for them. Two years later the same difficulty arose in the densely populated Cholo District, two-thirds of whose land constituted private estates. In 1946 the Nyasaland government appointed a commission, the
Abrahams Commission (also known the Land Commission) to inquire into land issues following the riots and disturbances by tenants on European-owned estates in 1943 and 1945. It had only one member, Sir Sidney Abrahams, who proposed that the Nyasaland government should purchase all unused or under-used
freehold land on European-owned estates which would become
Crown land, available to African farmers. The Africans on estates were to be offered the choice of remaining on the estate as workers or tenants or of moving to Crown land. These proposals were not implemented in full until 1952. The report of the Abrahams Commission divided opinion. Africans were generally in favour of its proposals, as was the governor from 1942 to 1947,
Edmund Richards (who had proposed the establishment of a Land Commission) and the incoming governor,
Geoffrey Colby. Estate owners and managers were strongly against it, and many European settlers bitterly attacked it. As a result of the Abrahams report, in 1947 the Nyasaland government set up a Land Planning Committee of civil servants to advise on implementing its proposals and deal with the acquisition of land for resettlement. It recommended the re-acquisition only of land which was either undeveloped or occupied by large numbers of African residents or tenants. Land capable of future development as estates was to be protected against unorganised cultivation. From 1948, the programme of land acquisition intensified, assisted by an increased willingness of estate owners who saw no future in merely leasing land and marketing their tenants' crops. In 1948, it was estimated that 1.2 million acres (or 487,000 hectares) of freehold estates remained, with an African population of 200,000. At independence in 1964, only some 422,000 acres (171,000 hectares) of European-owned estates remained, mainly as tea estates or small estates farmed directly by their owners. ==Agricultural economy==