PART VIII-MALAWI POSTS
74.- ( 1) There is hereby established a corporation to be known as Malawi Posts Corporation (in this Act otherwise referred to as "Malawi Posts") which shall-
(a) be a body corporate by that name with perpetual succession
and a common seal;
(b) be capable of suing and being sued in its corporate name;
(c) be capable of acquiring and disposing of any moveable or
immoveable property; and
(d) subject to this Act, have power to do or perform all such acts or things as a bodies corporate may by law do or perform.
|75.-(1) It shall be the general duty of Malawi Posts
to provide all reasonable facilities for the transmission of postal articles
throughout the Republic of Malawi and between the Republic of Malawi and
(2) It shall be the duty of Malawi Posts to conduct its affairs according to commercial principles and in such a manner as to secure that, taking one year with another, its gross revenue from all sources is sufficient to meet outgoings properly chargeable to revenue account, including reasonable allocation to the general reserve and provision for the depreciation of capital assets and the repayment of loans; and, further, to ensure that its net operating income in any year is sufficient to secure an annual return on the value of the net fixed assets employed of such percentage as the Minister may from time to time direct.
|76.-(I) Malawi Posts shall have power-
(a) to provide postal services and to perform other services incidental to transmission of postal articles;
(b) to establish and operate post offices; and
(c) to provide financial services.
(2) Subject to the provisions of this Act, powers conferred by subsection (1) shall include power-
(a) to enter into such contracts as may be necessary for carrying out the purposes of Malawi Posts;
(b) to construct, acquire, maintain and repair buildings and premises and to carry out works required for the purposes of Malawi Posts;
(c) to acquire, manufacture, maintain and repair equipment and facilities required for the purposes of Malawi Posts;
(d) to levy rates and charges for any service performed by Malawi Posts or for the use by any person of the premises, equipment or facilities provided by Malawi Posts; and
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(e) to represent the Republic of Malawi in matters relating to the Universal Postal Union, the Pan African Postal Union and such other international organizations as the Authority or the Minister may designate.
|77.-(I) There shall be a Board of Directors of Malawi
Posts Board of which shall direct the operations of Malawi Posts.
(2) The Board of Malawi Posts shall consists of-
(3) A member of the Board of Malawi Posts, other than
a member ex officio-
|(5) The Fourth Schedule shall apply in relation to the
Board of Fourth Malawi Posts.
|78.--(1) There shall be a Postmaster General who shall
be Postmaster appointed by the Minister on the recommendation of the Board
of Malawi Posts.
(2) The terms and conditions of service of the Postmaster
General shall be determined by the Minister on the recommendation of the
Board of Malawi Posts and specified in the instrument of appointment.
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(b) the management of funds, property and affairs of Malawi
(c) the administration, organization and control of the staff of
(4) There shall be a Deputy Postmaster General who shall-
(6) The Postmaster General or, in his absence, the Deputy Postmaster General, shall attend meetings of the Board and of any committees, of the Board, and may address such meetings, but shall, not vote on any matter:
Provided that the person presiding at any meeting may,
for good cause, require the Postmaster General or the Deputy Postmaster
General to withdraw from such meeting.
|79.-(1) The Board of Malawi Posts may appoint such other
staff, subordinate to the Postmaster General, as the Board deems necessary
for the discharge of the functions of the Malawi Posts under this Act.
(2) The Postmaster General shall have the power to appoint staff of such junior or ranks as the Board of Malawi Posts may specify.
(3) The Board of Malawi Posts may pay to the persons in
the employ of Malawi Posts, or provide them with, such remuneration, allowances,
pensions, gratuities and other employment benefits as the Board may, after
having obtained such professional advice as it may deem fit, consider as
being competitive in the employment market in Malawi.
|80.-(1) The funds of Malawi Posts shall consist of-
(a) such sums as may be appropriated by Parliament for the purposes of Malawi Posts;
(b) such moneys or other assets as-
(i) shall vest in Malawi Posts by virtue of section 83;
(ii) may accrue to or vest in Malawi Posts by way of grants, subsidies, donations, bequests, gifts, subscriptions, rents, interest or royalties, from the Government or any other person;
(c) such sums as are derived from the sale of any property by
or on behalf of Malawi Posts;
(d) such sums as Malawi Posts may charge in respect of its services.
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(2) Malawi Posts may, subject to any directions of a general
nature which may be given to the Board by the Minister of Finance,
invest such part of its funds as are not for the time being required
for the purposes of its operations.
|(3) Subject to the Finance and Audit Act, Malawi Posts
may borrow money for the purposes of Malawi Posts-
(a) by the issue of loan stock on such terms may be approved
by the Minister of Finance;
(b) by way of overdraft or credits in Malawi or abroad with the
approval of, and subject to such limitations as may be imposed by, the Minister of Finance.
|81.-(I) Malawi Posts shall keep proper books of accounts
other records relating to its accounts.
(2) The accounts of Malawi Posts shall-
(3) The financial year of Malawi Posts shall end on 30th
|82.-(I) As soon as practicable, but not later than six
months after the expiry of each financial year, Malawi Posts shall publish
and submit to the Minister a report concerning its activities during that
(2) The report referred to in subsection (1) shall be
in such form as the Minister, after consultation with the Authority, shall
approve and shall include information on the financial affairs of Malawi
Posts, and there shall be appended to the report-
|83.-(1) Before the transfer date, the Malawi Posts and
Telecommunications Corporation shall take steps to separate the telecommunications
network and telecommunications service from the provision of postal services
and the operation of post offices.
(2) On the transfer date, all property, rights, duties,
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of the Malawi Posts and Telecommunications Corporation concerned with the provision of postal services and the operation of post offices shall be transferred to Malawi Posts.
|84.-(I) Any employee of the Malawi Posts and Telecommunications
Corporation whose duties relate wholly or mainly to the provision of postal
services or the operation of post offices may elect to transfer to the
service of Malawi Posts.
(2) Any person who-
shall enjoy terms and conditions of services after his transfer that are no less favourable than those he enjoyed before his transfer, and his previous service with the Malawi Posts and Telecommunications Corporation shall be treated as service with Malawi Posts for the purpose of determining his rights to or eligibility for any pension, gratuity, leave or other benefits.
(3) Any person who transfers to the service of Malawi
Posts in accordance with provisions of subsection (2) shall not be entitled
to receive any other compensation for having left the service of the Malawi
Posts and Telecommunications Corporation.
|85.-(I) Save in so far as it is otherwise provided in
its licence or in regulations issued or made under this Act, Malawi Posts
shall not incur any liability-
(a) by reason of the loss, misdelivery or delay of, or damage to,
any postal article in the course of transmission by post; or
(b) by reason of the detention or disposal of any postal article
in accordance with the provisions of this Act.
(2) The bona fide payment of any sum of money under this Act shall discharge Malawi Posts, the Postmaster General and the employee by whom such payment was made from any liability in respect of such payment.
(3) Nothing in this section shall be construed as exempting
Malawi Posts, the Postmaster General or any employee from liability for
damage or loss caused to any person by reason of negligence or fraud in
relation to the activities of Malawi Posts.
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