Madagascar’s High Constitutional Court has validated a law allowing the state to reclaim land still registered in the names of foreign settlers from the colonial era, reviving a long-running land dispute while putting sovereignty and access to property ownership at the heart of the reform.

The High Constitutional Court ruled on August 3 that Law No. 2026-007 complies with the constitution, clearing the way for the government to take ownership of certain colonial-era properties.

The law uses June 26, 1960, the date Madagascar gained independence, as its cut-off point. Land that was still registered in a foreign name on that date and was never subsequently transferred to a Malagasy owner will automatically become state property.

The court described the measure as part of the process of completing the de facto transfer of colonial-era foreign-registered land, restoring the rights of the Malagasy people and strengthening state control over strategic property.

The National Assembly approved the legislation on July 1 before it was referred to the constitutional court.

Exceptions protect key properties

The law does not apply to land used by foreign diplomatic and consular missions.

It also protects properties that had already been transferred to Malagasy citizens before the independence-day cut-off.

Foreign nationals who subsequently acquired Malagasy citizenship and registered their naturalisation with the land authorities are also exempt from the automatic transfer.

The exemptions appear designed to preserve diplomatic properties and avoid disrupting land ownership that has already been regularised.

A post-colonial sovereignty message

Although the legislation does not explicitly target France, its historical significance is difficult to miss.

French colonial rule left behind land records in the names of foreign settlers, some of which remain unresolved more than six decades after independence.

The measure therefore carries a broader political message about reclaiming control over land inherited from the colonial period.

Madagascar has previously invoked decolonisation in its disputes with France, notably over the Scattered Islands in the Mozambique Channel. The territorial dispute remains an important part of the two countries’ wider relationship.

The land law adds another dimension to that debate, placing ownership and economic sovereignty alongside questions of territory and historical restitution.

Land reform meets economic pressure

Supporters say the reform could help Malagasy citizens gain access to legally recognised land ownership, particularly in rural areas.

State ownership of the reclaimed properties could eventually allow the plots to be allocated to Malagasy citizens through existing administrative procedures.

Secure land tenure, supporters argue, could encourage agricultural investment, strengthen property rights and support local economic development.

But Madagascar has long struggled with outdated land titles, informal occupation and lengthy registration procedures.

Previous attempts to address colonial-era land ownership have faced legal obstacles. A 2015 law aimed at transferring land formerly owned by colonial settlers was struck down by the High Constitutional Court over constitutional shortcomings.

The new legislation is intended to provide a more robust legal framework.

Investors face a new landscape

The reform could also have implications for investors and current landholders.

The law still requires promulgation and publication in the Official Journal before it can be fully implemented. Authorities will then have to identify and inventory the properties covered by the legislation.

That process will determine how much land is ultimately transferred to the state.

For investors, the key question will be whether the new framework provides greater clarity over disputed titles or creates additional uncertainty around land ownership.

The government will also need to balance its stated goal of expanding access for Malagasy citizens with the need to maintain confidence in the country's property and investment framework.

From legal victory to land transfers

The constitutional ruling is only the first step.

Once the law enters into force, authorities will have to identify affected parcels, verify ownership records and oversee their transfer into the state land portfolio.

The government will then face the more complicated task of deciding how the properties are allocated and ensuring that the process is transparent.

For Madagascar, the reform is both a land policy and a statement of sovereignty. Its success will ultimately be measured not by the court ruling, but by whether colonial-era ownership disputes can be resolved while giving more Malagasy citizens secure access to land.