Land lessees and tenants would receive constitutional protection against unfair termination of leases and adverse changes to their customary rights under the Constitution (Amendment) Bill 2026.
Section 49 guarantees the continuation of existing land ownership, leases and tenancy rights following commencement of the proposed Constitution.
It states that “no law may be made to diminish or adversely affect the customary rights and interests in land leases and land tenancies,” covering both existing and future leases and tenancies.
The Bill also provides that leases and tenancies cannot be terminated except in accordance with their agreed terms.
At the same time, Parliament and Cabinet would have a constitutional obligation to ensure landowners receive a “fair and equitable return” from leases and tenancies.
This would have to be balanced against protections for lessees and tenants, including security of tenure and lease terms and conditions that are “just, fair and reasonable.”
The provision also protects the status of existing freehold land.
Land classified as freehold immediately before the proposed Constitution comes into effect would remain freehold even when sold or purchased, unless acquired or purchased by the State under the specified constitutional provisions.
For these protections, the definition of land leases and tenancies includes sub-leases, sub-tenancies and tenancies-at-will.
However, the provision specifically excludes leases or tenancies relating to buildings, structures and dwellings used for residential, commercial, industrial or tourism purposes, as well as fixtures, equipment, plant and fittings.
