MALAWI HOUSING CORPORATION

CHAPTER 32:02
MALAWI HOUSING CORPORATION

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Establishment of the Corporation and powers and functions thereof

    4.    Status of the Corporation

    5.    Constitution of the Corporation

    6.    Disqualification of members of the Corporation

    7.    Financial policy of the Corporation

    8.    Loans by the Corporation

    9.    Repayment of, and interest on, advances

    10.    Borrowing powers

    11.    Consequential provisions on transfer of functions

    12.    Acquisition of customary land

    13.    Employees of the Corporation

    14.    Power of Minister to give directions

    15.    Accounts, audit and reports

    16.    By-laws

21 of 1963
20 of 1966
16 of 1970
21 of 1970
5 of 1971
24 of 1972
8 of 1980
26 of 1988
27 of 2016
6 of 2017
G.N. 16/1964(M)
137/1966
65/2017

    An Act to provide for the establishment of a Malawi Housing Corporation and for purposes connected therewith

*Section 3 (2) (d) of this Act came into force on the 1st February, 1965 (G.N. 36/1965).

1.    Short title

    This Act may be cited as the Malawi Housing Corporation Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘Corporation’’ means the Malawi Housing Corporation established under section 3; and

    ‘‘member’’ includes the Chairman of the Corporation.

3.    Establishment of the Corporation and powers and functions thereof

    (1) There is hereby established in accordance with this Act, a body to be called the Malawi Housing Corporation.

26 of 1988

27 of 2016

    (2) The Corporation shall have power—

    (a)    to undertake the management of houses, classes of houses and housing estates as the Minister may entrust to the Corporation, and the Corporation shall be at liberty to charge a fee for management of the houses, classes of houses or housing estates where the Corporation has not been given their beneficial ownership;

    (b)    to develop, build, manage, control or sell houses, housing estates or buildings at the request of any person, at a fee or in partnership with a person;

    (c)    to enter into agreements with contractors or agents or any person or organization whether public or private for the construction, development, maintenance, management, supervision or sale of houses, housing estate, buildings or any landed property;

    (d)    to build or to permit or assist in the building of commercial buildings or any type of building or to purchase commercial landed property, on any land owned, leased or controlled by the Corporation;

    (e)    to acquire and dispose of interests in movable property;

    (f)    to purchase, hold, manage, lease or otherwise dispose of any interests in, or attaching to land:

    Provided that a lease to the Corporation under section 12 of the Land Act shall not be disposed of by assignment;

    (g)    with the approval of the Minister, and subject to the provisions of the Public Finance Management Act, to borrow such sums of money as may be required for the purpose of discharging its functions by way of—

        (i)    loan;

        (ii)    issue of stocks or bonds;

        (iii)    mortgage;

        (iv)    bank draft; or

        (v)    any other source approved by the Minister and the Minister responsible for Finance; and

    (h)    to do all such things as are necessary, incidental or conducive to the performance of the foregoing powers.

    (3) Subject to the provisions of this Act, the Corporation shall have the function of continuously providing housing accommodation and reviewing housing needs of the people of Malawi, and shall—

    (a)    undertake the development and construction of houses and housing estates;

    (b)    carry out surveys of housing requirements for Malawians, at a fee;

    (c)    undertake, support and encourage research, either by itself or in conjunction with a local authority or any person, into all housing aspects, including suitability, adaptability, and methods of building and development with particular reference to the construction of houses, and all matters connected therewith, at a fee;

    (d)    undertake and encourage the collation and dissemination of scientific, economic, social and other data concerning housing and other connected matters at a fee;

    (e)    advise and assist any local authority or person in the preparation of proposals and programmes for the construction of houses and to assist in carrying out of such proposals and programmes at a fee; and

    (f)    provide town planning, consultancy and other services in relation to housing programmes at a fee.

4.    Status of the Corporation

    The Corporation shall be a body corporate with perpetual succession and a common seal, and may in its corporate name sue and be sued.

5.    Constitution of the Corporation

    (1) The Corporation shall consist of a Chairman, a Deputy Chairman, and four other members all of whom shall be appointed by the Minister. The Deputy Chairman shall preside at the meetings…