114. Repeal and savings (1) The following Acts are repealed— (a) the Local Government (Urban Areas) Act; and [Cap. 22:01] (b) the Local Government (District Councils) Act. [Cap. 22:02] (2) Any subsidiary legislation made under the Acts repealed by subsection (1), in force immediately before the commencement of this Act— (a) shall remain in force unless in conflict with this Act, and shall be deemed to be subsidiary legislation made under this Act; and (b) may be replaced, amended or repealed by subsidiary legislation made under this Act. (3) Any agreement or similar arrangement made pursuant to the provisions of the Acts repealed by subsection (1) shall continue in force until terminated in accordance with the terms and conditions thereof. First Schedule Local government areas (section 4) Local government area Council Blantyre City Blantyre City Council Lilongwe City Lilongwe City Assembly Mzuzu City Mzuzu City Council Zomba City Zomba City Council Kasungu Municipality Kasungu Municipality Council Luchenza Municipality Luchenza Municipality Council Balaka District Balaka District Council Blantyre District Blantyre District Council Chikhwawa District Chikhwawa District Council Chiradzulu District Chiradzulu District Council Chitipa District Chitipa District Council Dedza District Dedza District Council Dowa District Dowa District Council Karonga District Karonga District Council Kasungu District Kasungu District Counci Likoma District Likoma District Council Lilongwe District Lilongwe District Council Machinga District Machinga District Council Mangochi District Mangochi District Council Mchinji District Mchinji District Council Mulanje District Mulanje District Council Mwanza District Mwanza District Council M'mbelwa District M'mbelwa District Council Neno District Neno District Council Nkhata Bay District Nkhata Bay District Council Nkhotakota District Nkhotakota District Council Nsanje District Nsanje District Council Ntcheu District Ntcheu District Council Ntchisi District Ntchisi District Council Phalombe District Phalombe District Council Rumphi District Rumphi District Council Salima District Salima District Council Thyolo District Thyolo District Council Zomba District Zomba District Council [17 of 2010; G.N. 59/2000] Second Schedule Additional functions of the Council 1. Clinical health services A Council may— (a) provide, maintain, equip and manage either alone or jointly with another Council or body, clinics including maternity clinics, health centres, and dispensaries and may enter into scheme for the management of such facilities by the Ministry of Health or some other body upon such terms as to funding and otherwise as may be agreed between the parties; and (b) employ such medical professional and ancillary staff as may be required. 2. Environmental protection (1) A Council may— (a) establish, maintain and manage services for the collection and removal and treatment of solid and liquid waste, and the disposal thereof whether within or without its area and may compel the use of its services by any body of persons to whom the services are available; (b) compel and regulate the provision, construction, use, maintenance and repair of drains, latrines and receptacles for solid and liquid waste and the connexion of any premises with any public sewer or drain; (c) require the use of any sanitary service under its control and regulate the methods of dealing with night soil or solid or liquid waste of any description whatsoever: Provided that nothing in this paragraph shall require a Council to accept for disposal any solid or liquid waste which in the opinion of the Council are hazardous or are likely to be deleterious to the operations of any sewage treatment, plant or land fill site or which may contaminate any ground water. (2) A Council may take necessary steps for the destruction and suppression of vermin or pests and for the fumigation and disinfestation of any premises or place. (3) A Council may prohibit or control any noxious or offensive trade within the meaning of the Public Health Act and the use of premises which may be a source of nuisance, danger, discomfort or annoyance to the neighborhood. [Cap. 34:01] (4) A Council may seize and destroy any vicious, dangerous or apparently ownerless dog or a dog not vaccinated against rabies in accordance with the Control and Diseases of Animals Act. [Cap. 66:02] (5) Subject to the provisions of the Public Health Act a Council— (a) shall have power to inspect premises where articles of food or drink are manufactured or prepared for use or are sold whether for consumption on or off the premises or where meat, meat products, milk, milk products, fish and fish products are stored or processed and may control and license slaughter houses and the killing of livestock; (b) may establish, maintain and manage abattoirs and cold storage facilities and premises for the processing of milk and milk products, meat and meat products and fish and fish products; (c) may establish, maintain and manage public latrines, toilets, bathhouses, washing facilities and washhouses. [Cap. 34:01] (6) Subject to the provisions of any other written law, a Council shall be responsible for the draining, cleansing and sanitation of its area and the prohibition and control of pollution of any water in any river or stream and for this purpose may prohibit or regulate the use of any of such river or stream and any riverbank or streambank including any cultivation therein or the extraction of any sand, gravel or other material therefrom. (7) Subject to the provisions of the Public Health Act, a Council may seize and destroy without compensation any article of food or drink which is or may be intended for human consumption; and shall keep a register of all articles so seized which register shall be open to public inspection during the normal hours of business of the Council. [Cap. 34:01] (8) Subject to the provisions of the Public Health Act, a Council shall take steps for the control and suppression and the prevention of the introduction of infectious diseases including the provision of isolation facilities. [Cap. 34:01] (9) Subject to the provisions of any other written law, a Council may make provision for the supply of potable water by way of stand pipes, boreholes or other means and may, if it thinks fit, make reasonable charges to consumers and agree terms with any water undertaking or authority for the supply of water to any outlet or facility provided by the Council. 3. Burial of the dead Subject to the provisions of section 28 of the Public Health Act, a Council— (a) may establish, maintain and manage cemeteries and crematoria and mortuaries and provide funeral facilities; (b) shall prohibit the disposal of human bodies otherwise than by interment in any cemetery or cremation at any crematorium established or permitted under the Public Health Act; and [Cap. 34:01] (c) shall control the conveyance and disposal of any dead body within its area. [Cap. 34:01] 4. Control of nuisances Subject to the provisions of the Public Health Act, a Council shall— (a) secure the prevention and abatement of nuisances; (b) prohibit or control the keeping of any livestock or fowl or other animals, birds or insects so that their keeping shall not be a public nuisance or injurious to health or to the environment; (c) control or prohibit, singing, dancing, the playing of musical instruments, fetes, exhibitions, public amusements or entertainments circuses and games and the making of any noise whatsoever likely to disturb any person; and (d) require owners or occupiers to keep their premises free from offensive or unwholesome matter. [Cap. 34:01] 5. Roads and streets (1) Without prejudice to the provisions of the Public Roads Act, the Roads Authority Act and the Urban Areas (Public and Private Streets) Act, a Council may— (a) enter into agency arrangements for the construction, maintenance and repair of any road or street within the area under the jurisdiction of the Controller of Roads upon such terms as may be agreed between the parties; (b) establish, maintain and manage lighting in any street, public place or area; (c) lay out and adorn any street, square or open space the property of the Council, or of any other public body subject to agreement between the parties as to the cost thereof, and may maintain statues and other structures erected by the Council or vested in the Council by any person or body under any architectural scheme required by the Council; (d) provide and maintain bus shelters, vehicle parking places, including places specifically set aside and maintained for the parking of heavy vehicles and street furniture and may levy charges on any parking place by simple resolution as the Council shall think fit. (2) Subject to the provisions of any other written law, a Council shall have power to construct, level, pave, drain, alter, repair or clean any street, road, highway or footpath and to name any street. (3) Subject to the provisions of any other written law, a Council may— (a) institute measures for the control of traffic and may close or divert any road or street, prohibit or restrict the use of any road or street either generally or with respect to any particular type or category of vehicle; (b) restrict or prohibit the parking of vehicles or any type or category of vehicle. [Cap. 69:02; Cap. 66:07; Cap. 23:02] 6. Hazardous materials Subject to the provisions of the Liquid Fuels and Gas (Production and Supply) Act and the Explosives Act, a Council may control and licence manufacture, storage, carriage and use of petroleum products, explosives, fireworks and other combustible or hazardous materials. [Cap. 50:03; Cap. 14:09] 7. Emergency services (1) A Council may establish, maintain and manage ambulance and fire services including fire prevention services and may operate such services jointly with one or more Councils or public bodies, enter into reciprocal arrangements with other emergency services, authorities or operators, and provide, upon such terms as may be agreed between the parties, emergency services to another Council or public body. (2) A Council shall take all reasonable measures for ensuring the provision of an adequate supply of water for fire fighting purposes and securing that it shall be available in case of fire and may enter into an agreement with a water undertaker therefor which the water undertaker shall not unreasonably refuse. (3) A Council shall have power to secure for use in case of fire any water supply under the control of any person or body, to secure proper access to any such water and to lay and maintain pipes and carry out such other works as the Council may deem necessary. (4) The Council’s fire service shall have power to enter upon any premises and to use any water supply thereon to extinguish fire on adjacent premises or to prevent the spread of fire and shall pay reasonable compensation for the use of such water supply. 8. Public amenities (1) For the promotion of recreation, leisure and culture and the provision of amenities in its area, a Council may either itself or jointly with any other body establish, maintain and manage— (a) parks, gardens, recreation grounds, open spaces, horticultural nurseries, botanical gardens, forests, woodlands, nature reserves and areas or places of special historical, cultural or scientific interests; (b) sports fields and facilities, apparatus and equipment for games, sports and other recreation together with building structures, apparatus, refreshment, toilet and other facilities either itself or in association with any person, club, association or other body. (c) swimming baths, bathing establishments and camping grounds; (d) amenity areas, including the planting of flowers, plants, shrubs and trees in any street or road reserve or public open space or any private open space by agreement with the owner thereof; (e) theatres, concert halls, art galleries, museums, public libraries and facilities generally to preserve, promote and develop the cultural life of Malawi. (2) A Council may— (a) set aside any part of any public park, recreation ground, sports field or other facility for the purpose of any particular sport, game or recreation and may exclude the public therefrom; and (b) reserve any part of any public park, recreation ground, sports field or other facility for any particular event and may permit any club, body, promoter or person exclusive use for that event upon payment of such fee as the Council may determine. 9. Buildings and structures Subject to the provisions of the Public Health Act, the Town and Country Planning Act and any development plan or scheme made thereunder, a Council shall have power to— (a) regulate the design, construction, alignment, elevation or siting of any new building or the alteration, refurbishment or improvement of any existing building, including the provision of access for disabled persons; (b) require the demolition or rendering safe of any building or structure or part thereof which is dangerous or unfit for human habitation or occupation for structural, sanitary or other reason or otherwise constitutes a nuisance; (c) regulate the amount of space to be allowed in and about buildings for securing proper ventilation and the free circulation of air; (d) require the closing of any building or part thereof which by reason of its sanitary or other considerations is unfit for human habitation or occupation and impose conditions for the reopening thereof; (e) require the clearing of any obstruction in any sanitary lane and demolish or require the demolition at the expense of the owner of any building or structure erected therein. [Cap. 34:01; Cap. 23:01] 10. Control and licensing of business and trades (1) Subject to the provisions of any other written law, a Council shall be the licensing authority with respect to the following— (a) premises licensed for the consumption of alcohol whether on trades or off the premises; (b) business premises and shops for trade in any commodity, whether by retail or wholesale; (c) itinerant traders; (d) creches and nursery schools; (e) barbers, hairdressers and beauticians; (f) lodging and boarding houses and hotels and motels; (g) private hospitals, nursing homes and maternity clinics, and shall have power to inspect, control, regulate and licence any premises used in connexion therewith. (2) Subject to the provisions of the Censorship and Control of Entertainments Act, a Council shall have power to licence, control, inspect and regulate premises or places used for entertainment, recreation or public resort. [Cap. 21:01] (3) Subject to the provisions of paragraph (1)(c), a Council may prohibit or control the sale of any wares on any street or any public place for the purpose of carrying out any trade, business or profession. 11. Markets and retail facilities (1) A Council may establish, maintain and manage markets and market buildings and premises within its area and shall levy upon traders within a market such fees or charges as the Council may decide. (2) No person may establish or operate any market within a local government area: Provided that a Council may grant a licence for the operation of a private market at such a fee and upon such terms and conditions as the Council shall determine or may refuse such licence: Provided further that where the Council refuses to grant the licence, it shall give reasons in writing for the refusal. (3) Any person aggrieved by the decision of a Council made pursuant to subparagraph (2) may appeal to the Minister. (4) Where the Minister dismisses an appeal made under subparagraph (3), the appellant may apply to the High Court for judicial review. (5) A Council may establish, maintain and manage agencies for the provision of postal services upon such terms as may be agreed with any postal authority or organization. 12. Trading undertakings (1) A Council may establish, maintain and manage any ferry service, rest-house, hotel, motel, inn, restaurant, canteen, eating house, bar, agricultural store or farm: Provided that no new undertaking shall be commenced until the Council shall have received a report from the Chief Executive Officer of the Council upon the financial viability and the business plan for the proposed enterprise. (2) The accounts of every trading undertaking shall be kept separately and shall comprise a trading and profit and loss accounts or kept in such other form as the Council may direct. (3) Where in any two successive years any trading undertaking has failed to return such reasonable net profit as the Minister may prescribe, the Minister may direct that the Council shall— (a) contract out by competitive tender the management of such undertaking or; (b) dispose of its interest upon such terms and conditions as may be recommended by the Council. 13. Fees and charges (1) A Council shall be empowered to levy any charge it may think fit for the provision of any service notwithstanding that the costs of such service shall ordinarily be a charge upon the general fund. (2) A Council shall— (a) levy such fees as it shall think fit with respect to any business trading or other licence for which it is entitled to levy a fee or for any occupation of a site in any market owned and managed by it but shall not be entitled to waive or reduce any fee in any individual case; (b) review all its fees and charges by 31 December in any year and at any other time it deems appropriate and any revised fees and charges shall come into effect at any time the Council so decides but not later than 1 July the succeeding year. (3) A Council may enter into an agreement for the collection of any charge or fee by another Council or by any body or person upon such terms as may be agreed between the parties with respect to the commission payable and other conditions. (4) In determining charges to be levied for the collection or treatment of liquid wastes a Council may calculate such charges upon the quantities collected or treated, the rateable value of the premises or the quantity of water supplied to the premises as metered by the water undertaker or upon such other basis as the Council deems fair and equitable. 14. Power to grant money A Council may make grants of money— (a) towards the establishment and maintenance of clinics, hospitals, dispensaries, maternity, nursing and auxiliary health services within its area managed by another body or other person not for profit; (b) to institutions and organizations established within its area for specific charitable, educational and welfare purposes where such purposes are available to and for the benefit of the general public in Malawi; (c) to any committee, association or organization established for the carrying out of any function which the Council is empowered to carry out: Provided that any application for a grant of money under this paragraph shall be accompanied by the audited accounts of the applicant and that the Council shall have considered a report thereon by the Chief Executive Officer of the Council prior to any grant of money being made. 15. Tourism and conference (1) A Council may either alone or jointly with any other person or body— (a) promote tourism and otherwise encourage persons, by advertisement or otherwise, to visit their area for recreation and for health purposes, and hold conferences, trade fairs and exhibitions in the area; and (b) provide or encourage any other person or body to provide facilities for tourism, conferences, trade fairs and exhibitions or improve or encourage any other person or body to improve, any existing facilities for those purposes. (2) Without prejudice to subsection (1), a Council may contribute to any organization established for the purpose of encouraging persons to visit Malawi. 16. Civic offices, halls and public buildings A Council may erect, acquire, or provide and furnish— (a) offices and other buildings for the carrying out of any of the functions of the Council; and (b) public halls, shelters and other structures for use as places for public assembly and public meetings. 17. Civic regalia, etc. A Council may acquire, provide, adopt, use and maintain civic regalia, insignia, emblems, apparel and appurtenances appropriate to the status and dignity of the Council. 18. Housing (1) Subject to the directions of the Minister generally or in relation to any Council or class of Councils or in any particular case a Council shall have power to acquire land, lay out estates, provide or arrange for the provision of all necessary services thereto and to design, construct and manage housing or provide building land for the benefit of— (a) residents of the local government area at such rentals and upon such other terms as the Council shall decide; (b) full-time permanent employees of the Council: Provided that every lease or other permission to occupy any land or housing shall stipulate that such land or building shall be occupied by the owner except with the prior written consent of the Council upon such terms and conditions as the Council shall think fit and that any breach thereof shall entitle the Council to forfeit the lease or other permission without liability to pay compensation: Provided further that nothing in this subparagraph shall prevent the owner from disposing of his interest in the property subject to the same stipulations. (2) For the purposes of this paragraph, a Council may lease housing from another Council or body or person upon such terms as may be agreed. 19. Miscellaneous (1) A Council shall have power to— (a) compel the fencing or enclosing of plots and restrict or prohibit the use of barbed or razor wire, broken glass or any similar hazardous material on fences and walls; (b) require the owner or occupier of any premises to remove, lower or trim any tree, shrub or hedge overhanging any road or street or interfering with or obstructing free passage of any wires, cables or works, or to remove any dilapidated or dangerous fence, wall or structure abutting upon any public place; and (c) prohibit any obstruction in any public place and provide for the removal of any obstruction at the owner’s expense. (2) Subject to the provisions of the Town and Country Planning Act, a Council shall have power to prohibit or control— (a) the display of advertisements and advertising devices in or in the view of any street or public place which, in the opinion of the Council, would be likely to affect injuriously the amenities of or disfigure any neighbourhood or cause offence to the community or any section of it; (b) the use of moveable advertising devices, flags, banners, lights or screens; and (c) the playing of music or the use of any loudspeaker or amplifier for advertising purposes in any street or public place or from a shop or premises adjoining or abutting onto any street or public place. [Cap. 23.01] (3) A Council may prohibit or control the cultivation by unauthorized person of any public land and land reserved for any public road and of unenclosed or unoccupied land in private ownership. (4) "Public place" means any place to which the public has access whether or not the land is in private ownership. 20. Management of the Council’s estates (1) A Council shall prepare a plan for the management of land and buildings and other real property assets owned by or in the possession or under the control of the Council, which in addition to any other information which the Minister may require under subclause (2) shall contain— (a) a description of the property by reference to its plot number or location; (b) the current use or uses; (c) the planning designation under any District Physical Development Plan prepared or under preparation pursuant to the Town and Country Planning Act; [Cap. 23:01] (d) the value of the assets according to the entry in the Valuation Roll or Supplementary Valuation Roll if any or the Council’s Register of Fixed Assets whichever is the higher; (e) if the property is occupied by a lessee or tenant, the name and address of the lessee or tenant, the date of commencement and expiry of the term, the amount of rent payable, the dates for review of the rent, and whether the rent is a rack rent or a ground rent; (f) if the property is leased or rented by the Council, the name and address of the lessor or landlord and otherwise the same information as is required by subparagraph (e); (g) the future intentions of the Council with respect to the property and, if the land is held by the Council for development purposes, the nature of the development and the planned date of commencement; and (h) a description of the Council’s general strategy for the management of its estates. (2) The Council may prescribe the form of the Estates Management Plan which shall contain such information or explanations as it may think proper and may determine that the Plan shall be submitted to the Minister for his approval annually or at such other intervals as he may determine. (3) A certificate of value issued by a registered valuer shall be prima facie evidence of the market value in any disposal of any interest in land including a short tenancy. 21. Development plans (1) A Council shall have a duty to draw up plans for the social, economic and environmental development of the area for such periods and in such form as the Minister may prescribe. (2) Development plans shall be prepared in conjunction and consultation with other agencies having a public responsibility for or charged with producing plans for development whether generally or specifically and affecting the whole or a substantial part of the Council. 22. Other functions The Council shall perform the following functions— (a) education services, which cover nursery, primary and distance education; (b) medical and health services including— (i) hospitals, other than hospitals providing referral and medical training; (ii) health centres, dispensaries, sub-dispensaries and first-aid posts; (iii) maternity and child welfare services; (iv) the control of communicable diseases, including HIV/AIDS, leprosy and tuberculosis; (v) control of the spread of disease in the local government area; (vi) ambulance services; (vii) primary health care services; (viii) vector control; (ix) environment sanitation; and (x) health education; (c) the provision and maintenance of water supplies in liaison with the Ministry of Water Development, where applicable; (d) subject to the Roads Authority Act, the construction, rehabilitation and maintenance of roads; [Cap. 69:07] (e) taking charge of all decentralized services and activities which include but are not limited to— (i) crop, animal and fisheries husbandry extension services; (ii) entomological services and vermin control; (iii) human resources management and development; (iv) recurrent and development budget; (v) district statistics services; (vi) district project identification; (vii) district planning; (viii) local government development planning; (ix) land administration; (x) land surveying; (xi) physical planning; (xii) forests and wetlands; (xiii) licensing of produce buying; (xiv) trade licences; (xv) trade development services; (xvi) commercial inspectorate; (xvii) community police; (xviii) industrial relations; (xix) social rehabilitation; (xx) labour matters; (xxi) probation and welfare; (xxii) street children and orphans; (xxiii) women in development; (xxiv) community development; (xxv) youth affairs; (xxvi) cultural affairs; (xxvii) district information services; (f) regulate, control, manage, administer; promote and licence any of the things or services which the Council is empowered or required to do, and establish, maintain, carry on, control, manage or administer and prescribe the forms in connexion therewith to fix fees or charges to be levied in that respect; (g) aid and support the establishment and maintenance of schools, hospitals, libraries, art galleries, museums, tourist centres, homes for the aged, destitute or infirm or for the orphans, and to provide bursaries to assist in the education of children of persons residing in the local government area, to make donations to charitable and philanthropic, welfare, youth, persons with disabilities, women and sports organizations; (h) preserve public decency, and to prevent offences against public order in public places and to prevent damage to property of the Central Government and the Council; (i) undertake private works and services and to charge, recover the costs and contract out public services to the private sector; (j) sell all by-products resulting from carrying on by, or on behalf of the Council, of any works or services; (k) promote publicity for the Council; (l) promote schemes of health, education and road safety sensitization; (m) provide and manage— (i) sporting and recreational facilities and programmes of informal education for both adults and young people including the running or provision of community centres; (ii) the development of social work among adults; (iii) remedial social welfare programmes aimed at the alleviation of social distress; (iv) the welfare of children and the elderly; and (v) public vehicular parking; (n) the registration of marriages, births and deaths for transmission to the Registrar General; (o) assist Government to preserve the environment through protection of forests, wetlands, lake shores, streams and prevention of environmental degradation; (p) upon delegation by Government, identification and preservation of sites and objects or buildings of historical and architectural value; and (q) any other service or function which the Government may delegate to the Council. Third Schedule Sources of revenue for the Council 1. Locally generated revenue which shall include but shall not be limited to— (a) Property rates; (b) Ground rent; (c) Fees and licences; (d) Commercial undertakings; and (e) Service charges. 2. Government grants. 3. Ceded revenue.
