Continuation of rights of persons in property

(1) All persons who have rights in property at the date of the commencement of this Constitution shall continue to have such rights under this Constitution and any other law. (2) This section shall not apply in respect of rights in property that have been acquired or vested by or on behalf of the Government where that property was acquired or vested at any time since 6th July, 1964, and where that right in property was obtained from citizens or permanent residents of Malawi— (a) unlawfully according to the laws then in force in Malawi; (b) by virtue of any law not being a penal law passed during that time that did not provide for adequate compensation; or (c) through abandonment by reason of duress of circumstances. (3) For the purposes of this section "Government" shall mean the President, the Cabinet, the Ministries, other organs of the President and Cabinet and their agents, including individuals and bodies under the authority of the President, the Cabinet or the Ministries. (4) Rights in property which are not recognized by virtue of this section shall be vested in the National Compensation Fund and shall be disposed of in accordance with the principles, procedures and rules of the National Compensation Tribunal. (5) Persons occupying or using property vested in the National Compensation Fund shall continue to occupy and use that property, as if they retained full legal and equitable title until such time as the National Compensation Tribunal otherwise orders.