Foreign investors, including majority foreign-owned companies in Malawi, are only allowed to lease land for business purposes for a period up to 50 years (exceptional extensions are possible), whereas citizens can hold land to up 99 years according to the Government.
2. In this Act, unless the context otherwise requires—[…]
“person who is not a citizen of Malawi” includes a company or other corporate or unincorporated body with majority ownership or control in the persons who are not citizens of Malawi;
[…]
Part III—General
7.—(1) Land shall be categorized as either public land or private land.
(2) Public land shall be classified either as Government land or unallocated customary land.
(3) Private land shall be classified as freehold, leasehold or customary estate.
8. All land is vested in perpetuity in the Republic.
[...]
10.—(1) Land shall not be assured to or for the benefit of, or acquired by or on behalf of a body corporate, unless the body corporate is authorized by a licence issued by the Minister in consultation with die President to hold land in Malawi, but this section shall not apply to a body corporate incorporated in Malawi in accordance with the Companies Act or a body corporate established by or under a written law which empowers it to hold land in Malawi.
[...]
Part V — Private Land
(1) The Minister may, upon application by any person in a land which prescribed manner, grant or allocate leasehold or customary estate may grant to such person on such terms and conditions as the Minister considers appropriate.
[...]
37. —{1} Any grant of private land to any person who is not a citizen of Malawi, whether by way of sale, conveyance, assignment, lease, transfer or other transaction, shall not be for an estate greater than a lease of fifty years unless, for reasons fully explained in writing accompanying the application for the registration of the grant, a greater estate is required for the realization of investment.
(2) Without prejudice to subsection (1), where, at the time of transaction, the existing interest in the private land concerned is for an estate greater than fifty years, a grant of private land may be made extending up to the entire remaining estate.
38. —(1) Without prejudice to the requirements of section 37 or any other provision of this Act, a person shall not sell, whether by private transaction or by tender, auction or other means, any private land to a person who is not a citizen of Malawi, unless—
(a) the intention to sell the private land has been published in a newspaper in daily circulation in Malawi not less than twenty-one days before the date of sale, specifying the price, location and size of the private land, any developments thereon and any other
particulars sufficient to identify the land: Provided that the government valuer appointed by the Minister shall be at liberty to verify the advertised purchase price prior to the sale;
(b) following the publication referred to in paragraph (a), no person who is a citizen of Malawi has made an offer, or has been able, to purchase the private land at a price that is not lower than the published price; and
(c) the purchaser, if not a citizen of Malawi, has purchased the private land at a price that is not lower than the published price. [...]" (Land Act No. 16 of 2016)
Land Act No. 16 of 2016
[<a href="http://extwprlegs1.fao.org/docs/pdf/mlw170885.pdf">Act</a>]