Laws of Malawi

CHIEFS

Muli bwanji!Lilongwe

CHAPTER 22:03
CHIEFS

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
CHIEFS

    3.    Offices of Paramount Chief, Senior Chief, Chief and Sub-Chief and areas of their jurisdiction

    4.    Appointments of the offices of Paramount Chief, Senior Chief, and Chief

    5.    Appointment of Sub-Chiefs

    6.    Functions of Paramount Chief

    7.    Functions of Chief

    8.    Functions of Sub-Chief

    9.    Appointment and functions of Group Village Headmen and Village Headmen

    10.    Acting appointments

    11.    Removal and suspension of persons holding the office of Paramount Chief, Senior Chief, Chief and Sub-Chief

    12.    Inquiries

    13.    Appointment of Chief’s Council

    14.    Appointment of advisers by Paramount Chiefs, Senior Chief, Chiefs and Sub-Chiefs

    15.    Exclusion of former Paramount Chiefs, Senior Chief, Chiefs or Sub-Chiefs from specified area

    16.    Emoluments and Pensions of Chiefs

PART III
CHIEFS’ STAFF

    17.    Interpretation

    18.    Tax Clerks and Messengers

    19.    Functions of tax clerk

    20.    Functions and duties of Chief’s Messenger

PART IV
PRESERVATION OF ORDER

    21.    Preservation of public peace

PART V
GENERAL

    22.    Offences and penalties

    23.    Arrest without warrant

    24.    Emoluments and conditions of service of tax clerks and Chief’s Messengers

    25.    Unusual expenses of Paramount Chiefs, Chiefs and Sub-Chiefs

    26.    Payments under this Act

    27.    Saving

        Schedule

39 of 1967
39 of 1981
5 of 1999
G.N. 36/1969
135/1969
145/1969
167/1969
173/1969
93/1970
127/1970
7/1972
93/1972
128/1973
140/1973
57/1975
111/1975
112/1975
50/1979
112/1981

    An Act to make provision for the recognition, appointment and functions of Paramount Chiefs, Senior Chiefs, Chiefs, Sub-Chiefs, Councillors, Group Village Headmen and Village Headmen; and for certain aspects of District Administration and for matters incidental thereto or connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Chief’s Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘Chief’’ means a person holding or acting in the office of Chief under this Act;

    ‘‘Chief’s Council’’ means a Council appointed under section 13;

    ‘‘Chief’s Messenger’’ means a Messenger appointed under section 18;

    ‘‘District Commissioner’’ in relation to a Chief or Messenger means the District Commissioner of the District in which such Chief or Messenger holds office;

    ‘‘Group Village Headman’’ means a person appointed to be a Group Village Headman under section 9 and holding office as such;

    ‘‘Section’’ means a portion of a District assigned or declared to be the area of jurisdiction of a Chief under this Act;

    ‘‘Sub-Chief’’ means a person holding or acting in the office of Sub- Chief under this Act;

    ‘‘village’’ means a collection of adjacent huts in which reside at least 30 male Malawians aged 18 years or over;

    ‘‘Village Headman’’ means a person appointed to be a Village Headman under section 9.

PART II
CHIEFS

39 of 1981

5 of 1999

3.    Offices of Paramount Chief, Senior Chief, Chief and Sub-Chief and areas of their jurisdiction

    (1) There are hereby established the several offices of Paramount Chief, Senior Chief, Chief and Sub-Chief set out in the second, third and fourth columns respectively of the Schedule.

    (2) The areas of jurisdiction of the several offices of Paramount Chief, Senior Chief, Chief and Sub-Chief shall be the Districts, Sections of Districts and Sub-Sections of Districts specified in the first column of the Schedule opposite each such office.

    (3) The President may from time to time by Order declare or alter the boundaries of Sections and Sub-Sections and may create new offices of Paramount Chief, Senior Chief or Chief and assign to such offices such area of jurisdiction as he shall think proper and may, for those purposes, by such Order, amend the Schedule.

    (4) The certificate in writing of a District Commissioner of the situation of the boundary of any Section or Sub-Section in his District shall unless such certificate is inconsistent with an order made under subsection (3) be conclusive evidence for all purposes of the situation of such boundary.

    (5) No Paramount Chief, Senior Chief, Chief or Sub-Chief shall exercise jurisdiction within the area of a City, Municipality or Township except with the written approval of the appropriate Council established under the Local Government (Urban Areas) Act.

5 of 1999

4.    Appointments to the office of Paramount Chief, Senior Chief and Chief

    (1) The President may by writing under his hand appoint to the office of Paramount Chief, Senior Chief or Chief such person as he shall recognize as being entitled to such office.

    (2) No person shall be recognized under this section unless the President is satisfied that such person—

    (a)    is entitled to hold office under customary law;

    (b)    has the support of the majority of…

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