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Paper short abstract:

Comparing land policy-making in Zambia and Malawi, we find evidence that unambiguous legal provisions that bestow traditional leaders with the formal voice at national level actually promote transparent and effective decision-making.

Paper long abstract:

In many African states, traditional leaders play a pivotal role at the local level. They allocate land, judge minor conflicts or preserve cultural matters. In few countries, however, the role of traditional leaders is formalized. In sub-Saharan Africa, for example, only 23 countries constitutionally recognize the role of traditional leaders in one way or another. Even fewer countries provide a formalized role (for example mandatory consultations) of traditional leaders in the national decision-making process. Nevertheless, traditional leaders often use their authority to informally influence policies that concern them. Thus, the question arises, whether it is worth the effort to provide traditional leaders with a formal role in decision-making.

In this paper, we investigate how the institutionalized state-traditional interface relates to the national decision-making process. We compare land policy-making in Zambia, where the de jure state-traditional relationship is rather harmonious and well-specified to Malawi, where the legal framework on traditional governance is hitherto rather disruptive. Drawing on 203 interviews with traditional leaders, government officials, experts, activists in social society, and (ordinary) village members, we find evidence that unambiguous legal provisions that bestow traditional leaders with the formal voice at national level actually promote transparent and effective decision-making at national level, since traditional leaders refrain from compromising decision-making.