MALAWI COMMUNICATIONS LAW 1998                                                                      MALAWI SDNP
 
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PART VIII - MALAWI POSTS

Establishment 
of Malawi 
Posts 
 
  
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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. 
 
Duties of 
Malawi  
Posts 
 
 
 
 
 
 
 
 
 
 		 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 other countries. 
  
 (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. 
 
Powers and 
functions of 
Malawi Posts 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 		 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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                                          Communications                                                           39 

(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- 
(a) a Chairman appointed by the Minister; 
(b) one member, not being a public officer or an employee of 
Malawi Posts, appointed by the Minister on account of his knowledge and experience in matters of postal administration or postal services; 
(c) the Principal Secretary responsible for posts; (,d) the Secretary to the Treasury; and 
(e) three other members, not being public officers or employees of Malawi Posts, appointed by the Minister by virtue of their knowledge and experience in law, commerce, industry, finance, public administration or public affairs. 

(3) A member of the Board of Malawi Posts, other than a member ex officio- 
(a) shall hold office for a period not exceeding two years from the date of his appointment; 
(b) shall be eligible for re-appointment; and 
(c) may resign his office by written notification in writing to 
the Minister. 
  
(4) Members of the Board of Malawi Posts shall be entitled to such remuneration, allowances and such other benefits as the Minister may, from time to time determine.

 Board of  
Directors of 
Malawi Posts 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(5) The Fourth Schedule shall apply in relation to the Board of Fourth Malawi Posts. 
 		 Fourth  
Schedule 
 
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. 
  
(3) The Postmaster General shall be the chief executive officer of Malawi Posts and, subject to the general supervision and control of the Board of Malawi Posts, shall be responsible for- 
(a) the day to day operations of Malawi Posts; 
 
 

 Postmaster 
General  
 
 
 
 
 
 
 
 
 
 
 
 
 
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40                                                      Communications 

(b) the management of funds, property and affairs of Malawi 
 Posts; 
(c) the administration, organization and control of the staff of 
 Malawi Posts. 

(4) There shall be a Deputy Postmaster General who shall- 
  
(a) be appointed by the Board of Malawi Posts with the approval of the Minster; 
(b) perform such functions and duties as may be assigned to him by the Postmaster General from time to time. 
  
(5) Subsection (2) shall apply mutatis mutandis to the Deputy 
Postmaster General. 

(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. 
 
Other staff 
of Malawi 
Posts 
 
 
 
 
 
 
 
 
 
 
 
 
 
 		 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. 
 
Financing of 
Malawi Posts 
 
 
 
 
 
 
 
 
 		 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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                                            Communications                                                         41 

(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. 
 		 Cap. 37:01 
 
 
 
 
 
 
 
 
 
 
81.-(I) Malawi Posts shall keep proper books of accounts and 
other records relating to its accounts. 

(2) The accounts of Malawi Posts shall- 
  
(a) be audited annually by independent auditors appointed by the Board of Malawi Posts and approved by the Minister; 
 (b) be examined by the Auditor General before being presented to the Minister in accordance with section 82. 

(3) The financial year of Malawi Posts shall end on 30th June. 
  
(4) The Minister may, by order published in the Gazette, pre- 
scribe a different date for the ending of the financial year of Malawi 
Posts. 
 

 Account and 
audit 
  
 
 
 
 
 
 
 

  
  
 
 
 
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 financial year. 

(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- 
(a) an audited balance sheet; 
(b) an audited statement of income and expenditure; and 
(c) such other information as the Minister may direct. 
 

 Annual 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, obligations 
and liabilities which were comprised in the part of the undertakings 
 

 Transfer of 
assets, etc. 
 
 
 
 

   
 
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42                                                      Communications 

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. 
 
Election to 
transfer to 
employment 
with 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- 
  
(a) was in the service of the Malawi Posts and Telecommunications Corporation immediately before the establishment of Malawi Posts; and 
(b) has elected to transfer to the service of Malawi Posts not 
less than ninety days before, the transfer date, 

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. 
 
Exemption 
from liability 
of Malawi 
Posts 
 
 
 
 
 
 
 
 
 
 
 
 
 		 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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