Laws of Malawi

GREENBELT AUTHORITY

Muli bwanji!Lilongwe

CHAPTER 65:07
GREENBELT AUTHORITY

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

    3.    Designation of Greenbelt area

PART II
THE GREENBELT AUTHORITY

    4.    Establishment of the Greenbelt Authority

    5.    Composition

    6.    Functions

    7.    Powers

    8.    Co-operation with other bodies

    9.    Tenure of office

    10.    Vacancies

    11.    Committees

    12.    Allowances and expenses

    13.    Meetings

    14.    Personal attendance of meetings

    15.    Disclosure of interest

    16.    Oath of secrecy

    17.    Protection from liability

PART III
ADMINISTRATION

    18.    Secretariat of the Authority

    19.    Chief Executive Officer

    20.    Duties and responsibilities of Chief Executive Officer

    21.    Removal of the Chief Executive Officer

    22.    Secretary to the Authority

    23.    Other staff of the Authority

PART IV
FINANCIAL PROVISIONS

    24.    Funds of the Authority

    25.    Accounts and audit

PART V
MISCELLANEOUS

    26.    Offences

    27.    Reporting

    28.    Powers of the Minister

PART VI
TRANSITION

    29.    Undertakings and legal proceedings, etc.

    30.    Transfer of assets, funds, liabilities, etc.

    31.    Transfer of employees

        SCHEDULE

23 of 2017
G.N. 41/2020

    An Act to provide for the designation of the Greenbelt area; for the establishment of the Greenbelt Authority and matters connected therewith and incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Greenbelt Authority Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Authority” means the Greenbelt Authority established under section 4 of this Act;

    “chairperson” means the chairperson of the Authority appointed under section 5 of this Act;

    “committee” means a committee of the Authority established under section 8 of this Act;

    “Chief Executive Officer” means the Chief Executive Officer appointed under section 19 of this Act;

    “Greenbelt area” means an area designated by the Minister for large scale irrigation development whose main purpose is to accelerate socio-economic transformation through increased agricultural productivity, agro-processing and easy access to markets;

    “member” means a member of the Authority appointed under section 5 (1) (a) of this Act; and

    “Trust” means the Registered Trustees of the Greenbelt Initiative Trust, duly incorporated under the Trustees Incorporation Act.

3.    Designation of Greenbelt area

    The Minister may, in consultation with the relevant authorities, by order published in the Gazette, designate an area as a Greenbelt area.

PART II
THE GREENBELT AUTHORITY

4.    Establishment of Greenbelt Authority

    There is hereby established an Authority to be known as the Greenbelt Authority (in this Act otherwise referred to as the “Authority”) which shall be a body corporate with perpetual succession and a common seal and be capable of—

    (a)    acquiring, holding and disposing of real and personal property;

    (b)    suing and being sued in its own name; and

    (c)    doing or performing all such acts and things as bodies corporate may, by law, do or perform.

5.    Composition

    (1) The Authority shall consist of—

    (a)    a chairperson and five other members appointed by the President, subject to confirmation by the public appointments Committee of Parliament, taking into account representation from the following sectors—

        (i)    farmers’ organizations;

        (ii)    legal profession;

        (iii)    accounting profession;

        (iv)    irrigation or related engineering; and

        (v)    private sector;

    (b)    the following ex officio members—

        (i)    the Secretary responsible for irrigation, or his designated representative;

        (ii)    the Secretary to the Treasury, or his designated representative; and

        (iii)    the Secretary responsible for lands, or his designated representative.

    (2) A member of the Authority other than an ex officio member shall not, by reason only of his appointment as a member of the Authority, be deemed to be an employee in the public service.

    (3) The Minister shall publish names of all members of the Authority, as first constituted, and every change in the membership, in the Gazette.

    (4) A person other than an ex officio member shall not be qualified for appointment as a member of the Authority if he—

    (a)    does not possess—

        (i)    a minimum educational qualification of a bachelor’s degree or its equivalent from a recognized and reputable educational institution; and

        (ii)    expertise and experience in a field relevant to the functions and responsibilities of the Authority;

    (b)    holds a political office or is an active member of a political party;

    (c)    is an officer, member or employee in a public institution;

    (d)    is adjudged or declared bankrupt; and

    (e)    would for any other reason be disqualified by law from serving as a director of a company or as trustee.

    (5) The Authority may, where necessary, taking into account the nature of the matter to be deliberated, invite any person to attend a meeting of the Authority or any of its committees and participate in the deliberations or to make a presentation or to be asked questions,…

Members-only content

Continue reading this exclusive content by subscribing to one of our membership plans.

Subscribe NowAlready a Member? Log In