MALAWI COMMUNICATIONS LAW 1998                                                                      MALAWI SDNP
 
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                                                 Communications                                             43 
PART IX - RECONSTITUTION OF MBC  
  
86. There shall continue to be a corporation known as the Malawi Establishment Broadcasting Corporation (in this Act otherwise referred to as "MBC") which shall- 
(a) be 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 bodies corporate may by law do or perform. 
 
 		 Establishment  
of Malawi 
Broadcasting 
Corporation 
 
87.-(I) MBC shall provide public broadcasting services in Public service 
accordance with the following principles-  
(a) the provision of programmes which educate, entertain and inform;  
(b) the encouragement of free and informed opinion on all matters of public interest;  
(c) the need to reflect the wide diversity of Malawi's cultural life; and 
 (d) respect for human rights, the rule of law and the Constitution of Malawi. 
  
(2) MBC shall, in the provision of its broadcasting services- 
 (a) function without any political bias and independently of any person or body of persons; 
 (b) support the democratic process; 
 (c) refrain from broadcasting any matter expressing its opinion 
or the opinion of its Board or management on current affairs or on matters of public policy, other than broadcasting matters; 
 (d) provide balanced coverage of any elections; and 
(e) have regard to the public interest. 
 
 
 		 Public service obligation 
of MBC 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
88.-(I) MBC shall have power-  
  
(a) to provide public broadcasting services throughout Malawi;  
(b) to carry on such undertakings and provide such other services as are conducive to the exercise of the functions and fulfilment of the service obligations specified in or under this Act or are ordinarily within the functions of a public broadcasting service. 

(2) Subject to the provisions of this Act, the powers conferred by subsection (1) shall include power- 
 
 
 
 

 Powers and 
functions  
of MBC  
 
 
 
 
 
 
 
 
 
 
 
 
 
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44                                                                    Communications 

(a) to enter into such contracts as may be necessary for carrying out the purposes of MBC; 
(b) to construct, acquire, maintain and repair buildings and premises and to carry out works required for the purposes of MBC; 
(c) to acquire, maintain and repair radio equipment and other facilities required for the purposes of MBC; 
(d) to arrange for the broadcasting of paid advertisements and sponsored programmes; 
(e) to collect television licence fees payable under section 56. 
 
 
Board of 
Directors of 
MBC 
 
 
 
 
 
 
 
 
 
 
 
 		 89.-(I) There shall be a Board of Directors of MBC which shall be the body solely responsible for directing the affairs of MBC. 
  
(2) The Board of MBC shall consist of a Chairman and- 
(a) six other members appointed in accordance with section 90; 
(b) the Secretary for Information, ex officio. 
  
(3) In the event of the Chairman being absent for a period of more than thirty days, the Board may authorize one of the other members to exercise the powers and perform the duties and functions of the Chairman. 
 
 
Fifth 
Schedule 
 		 (4) The Fifth Schedule shall apply in relating to the Board of 
MBC. 
 
Appointment 
of members 
of the Board 
of MBC 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 		 90.-(I) The President shall- 
(a) appoint the Chairman of the Board of MBC; 
(b) appoint the other members of the Board of MBC in consul- 
tation with the Public Appointments Committee. 
  
(2) Members of the Board of MBC appointed under this section shall be persons who- 
(a) are citizens resident in Malawi; 
(b) possess qualifications, expertize and experience in any of 
the fields of broadcasting, education, engineering, law, business, finance, public administration and public affairs. 

(3) No person shall qualify to be appointed under this section who- 
(a) has in the preceeding three years been sentenced to a term of imprisonment of more than six months for an offence involving fraud or dishonesty; 
(b) is an undischarged bankrupt; 
(c) is a member of Parliament , 
(d) is a Minister or Deputy Minister; 
(e) is a member of a committee of a political party at district, 
regional or national level. 
 
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91.-(I) No member of the Board of MBC may be a director Avoidance of or employee of any other body which directly, indirectly or in con- conflicts of cert with one or more other bodies exercises control over a licence interest to provide a broadcasting service. 
(2) Any member of Board of MBC who has a personal or professional interest in any matter which is to be considered by the Board shall, as soon as practically possible, disclose such interest to the Board and, if the Board so decides, shall not take part in any consideration or discussion of, or vote on, any question touching such matter. 
 
 		 Avoidance  
of conflicts 
of interest 
 
 
 
 
 
92.-(I) The Board of MBC shall appoint a Director General, who shall be the chief executive officer of MBC and, subject to the general supervision and control of the Board, shall be responsible  
for-  
(a) the day to day operations of MBC; 
 (b) the management of funds, property and affairs of MBC; 
 (c) the administration, organization and control of the staff of 
MBC. 

(2) The Director General or, in his absence, such other employee of MBC as he may designate, 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 Director General or such other officer to withdraw from such meeting. 
  
(3) The Board of MBC may appoint such other employees, subordinate to the Director General, as the Board deems necessary for the discharge of its functions under this Act. 
  
(4) The Director General shall have the power to appoint employees of such junior ranks as the Board of MBC may specify. 
  
(5) The Board of MBC may pay to the persons in its employ, or provide them with, such remuneration, allowances, pensions, gratuities add 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. 
 

 Director  
General and 
other employees 
of MBC 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
93. It shall be the duty of MBC to conduct its affairs in such a manner as to secure that, taking one year with another, its gross revenue - from all sources is sufficient to meet its outgoings properly chargeable to revenue account, including reasonable allocations 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 
 		 Financial 
duty of 
MBC  
 
 
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on the value of the net fixed assets employed of such percentage as the Minister may from time to time direct. 
 
 
Financing of 
MBC 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 		 94.-(I) The funds of MBC shall consist of- 
  
(a) such sums as may, from time to time, be payable to MBC from the moneys appropriated by Parliament for the purposes of 
MBC; 
(b) such moneys or other assets as may accrue to or vest in MBC 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 MBC; 
(d) fees and charges payable under section 56 of this Act; and 
(e) any fees and charges as MBC may raise in respect of com- 
mercial advertising, sponsored programmes and other services. 
  
(2) MBC 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. 
 
 
Cap. 37:01 
 
 
 
 
 
 
 
 
 		 (3) Subject to the Finance and Audit Act, MBC may borrow money for the purposes of MBC- 
  
(a) by the issue of loan stock on such terms as may be approved by the Minister of Finance; and  
(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. 
 
 
Account and 
Audit 
 
 
 
 
 
 
 
 
 
 
 
 		 95.-(I) MBC shall keep proper books and other records relating to its accounts. 
  
(2) The accounts of MBC shall- 
(a) be audited annually by independent auditors appointed by the Board of MBC and approved by the Minister; 
(b) be examined by the Auditor General before being presented to the Minister in accordance with section 96 
  
(3) The financial year of MBC 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 MBC. 
 
 
Annual report 
 
 
 
 		 96.--(I) As soon as practicable, but not later than six months after the expiry of each financial year, MBC shall publish and submit to the Minister a report concerning its activities during that financial year. 
 
 
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(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 MBC, 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. 
 
 		  
 
 
 
 
 
 

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