The High Constitutional Court (HCC) has validated the law regarding the transfer to the State of lands registered in the names of foreigners during the colonial period. In its decision rendered on August 3, the constitutional court ruled that the text contains no provisions contrary to the Constitution.
Submitted to the HCC by the President of the Republic before its promulgation, the law aims to provide a legal framework for the automatic transfer of these lands to the State. According to the justifications presented in the decision, this measure is part of the desire to finalize the land decolonization process, strengthen the State’s control over lands deemed strategic, and restore the rights of the Malagasy people to this land heritage.
However, the HCC emphasizes that the law provides for several exceptions. Lands belonging to foreign diplomatic and consular representations are not affected. Also excluded are lands already transferred to Malagasy nationals, as well as those belonging to foreign individuals who have acquired Malagasy nationality, provided that their naturalization is duly registered.
The text also provides for a regularization procedure for occupants in good faith and opens the possibility of referring the matter to the civil court in the event of a dispute or litigation.
Captured & Published at: 2026-08-06 06:23:46 (Madagascar Local Time EAT)
Original Source: https://www.lexpress.mg/2026/08/foncier-les-terrains-coloniaux.html