II. NACAL Land tenure – Village headman – questionnaire – English version
17 September 2006
Questions to the village headman:
Borderlands of the village
1) Village area
[Enumerator: Ask the village headman or an appointed knowledgeable villager to follow on a walk
on the borders of the following areas in the village recording the area using a GPS]
Total village area____
Non-arable lands
a) Unallocated non-arable lands (reserves)
b) Allocated non-arable lands to lineages
# hectares
# hectares
# hectares
# hectares
2) Do the lands of this village border on
a) Other villages
Yes  No 
i) If yes, how many?
# villages
b) Estate lands
Yes  No 
c) Government lands
Yes  No 
d) Forest reserve
Yes  No 
e) National park
Yes  No 
f) Game reserve
Yes  No 
g) Agricultural scheme
Yes  No 
h) If there is a government scheme, what is it?
(1) Rice Irrigation
(2) Cotton growing
(3) Livestock
(4) Land previously used by MYP (Malawian Young Pioneers)
(5) Research station
(6) Settlement
(7) Tea
(8) Tobacco
(9) Training
(10) Water
(11) Drainage
(12) Other
Size and age of village lands and population
3) What is the approximate size of the village
a) Number of founding lineages/hamlets ___________________
b) Number of other (non-founding) lineages ________________
c) Number of households (banja) _______________
4) What is the approximate age of the village
#years old
a) Do you know when this village was first settled?
i) (year stated)
ii) After the referendum?
iii) During Banda years?
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iv) Before independence (1964)?
v) Before World War II
vi) Before the Chilembe uprising?
vii) Before the Europeans came?
b) Do you know the name of the family that first settled here? ____________
Size in political power, social complexity
Peoples of the village
5) How many different ethnic groups do we find in this village? ___________
6) What are they?
a) Chewa
b) Lambya
c) Lomwe
d) Mang’anja
e) Matengo
f) Misuku
g) Mtumba
h) Ngonde (Nkhonde in NSO)
i) Ngoni
j) Ntarire
k) Nyanja
l) Nyakyusa
m) Poka
n) Sena
o) Tonga
p) Tumbuka
q) Yao
r) Wenya
s) Other: _____________________________
7) How many languages are spoken in this village? ______
8) What are the languages spoken?
a) Chichewa/ chinyanja
b) Chiyao
c) Chitumbuka
d) Other ______________________________
9) How many settled stranger families with land use rights are there in this village? _______
10) How many settled strangers without land rights are there in this village? ___________
Village lands
11) What kinds of land do we find in this village
a) Land allocated to lineages in the village (not households)
b) Land for common usage of the villagers (dambo, forest, hills)
i) If YES Is any of the land
(1) Leased to estates?
(2) Leased to persons outside the village?
(3) Used by agricultural schemes?
(4) Other: specify _________________
Yes  No 
Yes  No 
Yes  No 
Yes  No 
Yes  No 
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c)
d)
e)
f)
ii) If NO If there are no commons lands: Why?
(1) Taken by government
(2) Allocated to new households
(3) Other ________________________
Land for burials (graveyards)
Land for roads, and other public purposes
Unallocated lands, reserve lands
Other ____________________________
Yes  No 
Yes  No 
Yes  No 
When people leave the village
12) What happens to the lands if an ordinary villager leaves the village?
a) For a years or two?
i) The land is kept in trust by the family
ii) The lands are used by other household members
iii) The person will loan the lands to a relative
iv) It will be loaned to other co-villagers members of the village, not relatives
v) Nothing
b) If he leaves for a long time (more than 2 years)?
i) The land is kept in trust by the family
ii) The land is taken by the lineage
iii) The land goes back to the one that allocated the land
c) If he leaves completely?
i) Redistributed within the family
ii) Taken back by the headman
iii) Sold
13) What happens to the lands of an immigrant to the village (“obwera”) who leaves the village
a) For a year or two?
i) The land is kept in trust by the family
ii) The lands are used by other household members
iii) The person will loan the lands to a relative
iv) It will be loaned to other co-villagers members of the village, not relatives
v) Nothing
b) For a long time (more than two years)
i) The land is kept in trust by the family
ii) To the lineage
iii) The land goes back to the one that allocated the land
c) Completely?
i) Redistributed within the family
ii) Taken back by the headman
iii) Sold
The land management
14) Have you leased or sold use rights to any land from the reserve or village commons?
a) No
b) Yes leased: If yes leased
i) Number of fields ___________________
# fields
ii) Total area
# hectares
iii) Length of lease?
_____________
# years
c) Yes sold: If yes sold
i) Number of fields ___________________
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ii) Total area
# hectares
iii) Aveerage price? __________________
# Kwacha/hectare
15) Have you given immigrants (“obwera”) use rights to any land from the reserve or village
commons?
a) No
b) Yes
i) Number of fields ___________________
# fields
ii) Total area
# hectares
iii) On average for how long _________________ # years
16) During the last 10 years has any land been converted to state lands and leased to estates?
a) No
b) Yes converted and leased: If yes converted and leased
i) Number of fields ___________________
ii) Length of lease in years? _____________
The landless and near-landless
17) Does the village have any households that are landless or near-landless, i.e. with less than 0.1
hectares of land?
a) No
b) Yes If yes:
i) How many households? ____________________
Usage of reserve lands
18) Does the TA (traditonal authority) have any reserve lands anywhere not allocated to villages?
a) No
b) Yes, If Yes
i) Are any of the reserve lands close to this village?
(1) No
(2) Yes, If yes can villagers get more land from this reserve?
(a) Yes
(b) No: If no: Why? _________________________
ii) Can strangers get allocated land from the reserve?
(1) No
(2) Yes, If yes what are the conditions
(a) No conditions
(b) Pay tribute to the TA (traditional authority)
(c) Have to pay rent
(d) Have to buy it
Access to land for strangers
19) Can strangers get land from other people than the TA chief or village headman?
a) No
b) Yes: If yes: How do they go about it
i) No requirements except mutual agreement
ii) Get land based on humanitarian considerations/ “the right thing to do”
iii) Renting
iv) Buying
The village commons and its resources
20) Do the village have areas for common use?
Yes  No 
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21) If yes, how many?
___
#
a) If only one, do all lineages have equal access?
Yes  No 
b) If more than one, are they split between different lineages? Yes  No 
22) Who manages the commons?
a) The lineage elders
b) The village headman
c) Other ____________________________
23) Can non-villagers get access to the village commons or reserve lands?
a) No
b) Yes: If yes: For what purpose?
i) Livestock grazing,
ii) Firewood collection,
iii) Building materials,
iv) Other? __________________________________
c) Yes: What are the conditions for access, what gives them legitimate access?
i) No conditions, it is customary
ii) Permission by the Village Headman
iii) Permission by a government official
iv) Gifts
v) Payments
24) What is your village commons used for? What do people get from it?
a) Right of way
b) Grass for thatching
c) Pasture
d) Firewood
e) Stones for building materials
f) Soil for building materials
g) Mud for building materials
h) Cut and remove branches of wild trees
i) Water
j) Hunting game
k) Sand and gravel from riverbeds
l) Medicinal herbs and roots
m) Honey
n) Mushrooms
o) Caterpillar
p) Mice
25) Do persons from this village collect such items mentioned in the previous question from
a) The lands belonging to other villages?
i) No
ii) Yes, if yes: On what basis do they do so?
(1) No conditions, it is permissible
(2) Permission by the Village Headman
(3) Gifts
(4) Payments
(5) No permission but we just use them
b) Estate lands
i) No
ii) Yes, if yes: On what basis do they do so?
(1) No conditions, it is permissible
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(2) Permission by the Village Headman
(3) Permission by the Estate manager
(4) Gifts
(5) Payments
(6) No permission but we just use them
c) Neighbouring state lands (forest reserves, national parks, wildlife reserves, game reserves,
agricultural schemes)
i) No
ii) Yes, if yes: On what basis do they do so?
(1) No conditions, it is permissible
(2) Permission by the Village Headman
(3) Permission by the Government official
(4) Gifts
(5) Payments
(6) No permission but we just use them
d) Individually owned gardens
i) No
ii) Yes, if yes: On what basis do they do so?
(1) No conditions, it is permissible
(2) Permission by the Village Headman
(3) Gifts
(4) Payments
(5) No permission but we just use them
26) Do villagers keep grazing animals?
a) No
b) Yes, If Yes
i) Do you (the village headman) regulate the maximum number of cattle that can de grazed?
(1) NO
(2) YES, If yes, what is the maximum _______________
ii) Where do they find pasture?
(1) Village commons
(2) Dambos
(3) Reserve lands
(4) Lineage lands
(5) Household lands/ Their own lands
(6) Public lands (roadsides etc)
iii) Can someone graze his animals on fields belonging to other villagers? Y N
If yes, under what conditions can it occur?
(1) After harvest time
(2) randomly
(3) all the time
27) Where do villagers get firewood from?
a) Village commons
b) Unallocated lands
c) Forest reserve
d) National park
e) Wildlife reserve
f) Agricultural scheme lands
g) Estate lands
h) Lineage lands
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i) Their own land
j) Other?
28) Where do villagers find sand for building material?
a) Village commons
b) Unallocated lands
c) Forest reserve
d) National park
e) Wildlife reserve
f) Agricultural scheme lands
g) Estate lands
h) Lineage lands
i) Their own land
j) Other?
29) Where do villagers find stone for building material?
a) Village commons
b) Unallocated lands
c) Forest reserve
d) National park
e) Wildlife reserve
f) Agricultural scheme lands
g) Estate lands
h) Lineage lands
i) Their own land
j) Other?
30) Where do villagers find soil for building material?
a) Village commons
b) Unallocated lands
c) Forest reserve
d) National park
e) Wildlife reserve
f) Agricultural scheme lands
g) Estate lands
h) Lineage lands
i) Their own land
j) Other?
31) Where do villagers find grass for building material?
a) Village commons
b) Unallocated lands
c) Forest reserve
d) National park
e) Wildlife reserve
f) Agricultural scheme lands
g) Estate lands
h) Lineage lands
i) Their own land
j) Other?
32) Do villagers produce charcoal?
a) No
b) Yes if Yes where do they take the wood?
i)
Village commons
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ii) Unallocated lands
iii) Forest reserve
iv) National park
v) Wildlife reserve
vi) Agricultural scheme lands
vii) Estate lands
viii) Their own land
ix) Other?
c) Yes, if yes do they sell any of it?
i) No
ii) Yes
Conflicts about lands
33) Have people from neighbouring villages sometimes used or taken land that you consider to
rightfully belong to this village?
a) No
b) Yes
34) Have neighbouring estates sometimes used or taken land that you consider to rightfully belong
to this village?
a) No
b) Yes
35) Is there a state of conflict with the following subjects:
a) Other villages
i) No
ii) Yes If Yes:
(1) why
(a) Do not agree about boundaries
(b) Rerouting water channels
(c) Using too much water from rivers
(d) Stray cattle
(e) Using our resources grasses, trees, pastures, sand
(f) Other ____________________________________
(2) how is it usually solved
(a) Fail to resolve it
(b) The dispute is settled between the affected households
(c) Village/ Group village headman negotiate
(d) Traditional Authority mediate and judge
(e) District commissioner mediate and judge
(f) Local Party Official mediate and judge
(g) Ward councillor mediate and judge
(h) Magistrate court mediate and judge
(i) Other (specify)._________________________________
b) Estates
i) No
ii) Yes, if Yes:
(1) why
(a) Do not agree about boundaries
(b) Rerouting water channels
(c) Using too much water from rivers
(d) Stray cattle
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(e) Using our resources grasses, trees, pastures, sand
(f) other __________________________________
(2) how is it usually solved
(a) Fail to resolve it
(b) The dispute is settled between the affected households
(c) Village/ Group village headman negotiate
(d) Traditional Authority mediate and judge
(e) District commissioner mediate and judge
(f) Local Party Official mediate and judge
(g) Ward councillor mediate and judge
(h) Magistrate court mediate and judge
(i) Other (specify)._________________________________
36) Is there within the village a state of conflict over lands between
a) Lineages or family groups?
i) NO
ii) YES If yes:
(1) why:
(a) do not agree about boundaries
(b) rerouting water channels
(c) stray cattle
(d) other ________________________________
(2) how is it usually solved
(a) Fail to resolve it
(b) Settled the dispute between the parties
(c) Matrilineage elders (mbumba, mwinimbumba, malume) settle the disputes
(d) Patrilineage elders ( ?? ) settle the disputes
(e) Village/ Group village headman mediate and judge
(f) Traditional Authority mediate and judge
(g) District commissioner mediate and judge
(h) Local Party Official mediate and judge
(i) Ward councillor mediate and judge
(j) Magistrate court mediate and judge
(k) Other (specify). _________________________
b) Households within a lineage?
i) No
ii) Yes, if yes:
(1) why:
(a) do not agree about boundaries
(b) rerouting water channels
(c) stray cattle
(d) other ________________________________
(2) how is it usually solved
(a) Fail to resolve it
(b) Settled the dispute between the parties
(c) Matrilineage elders (mbumba, mwinimbumba, malume) settle the disputes
(d) Patrilineage elders ( ?? ) settle the disputes
(e) Village/ Group village headman mediate and judge
(f) Traditional Authority mediate and judge
(g) District commissioner mediate and judge
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(h)
(i)
(j)
(k)
Local Party Official mediate and judge
Ward councillor mediate and judge
Magistrate court mediate and judge
Other (specify). _________________________
Fisheries
37) Do any of the villagers fish regularly in
a) Lake Malawi,
b) Lake Malombe,
c) Lake Chilwa,
d) Lake Chiuta,
e) Shire river
f) Other lakes or rivers
38) Do any of them sell the fish
a) No
b) Yes If yes: where? _________________________________
Work on estates
39) Does any villager work on estates?
i) No
ii) Yes, if yes: how many? _________________________
Marriage and inheritance of land: village questions
40) For customary law marriages: Is the village:
a) Uxorilocal matrilineal (man and wife live in the wife’s village and children belong to the
wife’s lineage)
b) Virilocal matrilineal (man and wife live in man’s village but children belong to the wife’s
lineage)
c) Virilocal patrilineal (man and wife live in the man’s village and children belong to the
man’s lineage)
i) Without lobola
ii) With lobola
(1) Is lobola usually paid?
(a) Usually
(b) Rarely
d) Other _______________________________________
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