Chief's Act

Jurisdiction
Malawi
Citation
Chapter 22:03
Date
31 December 2014
Language
English
Type
Legislation
Download
Download PDF (276.1 KB)
Malawi

Chief's Act

Chapter 22:03

  • Assented to on 21 December 1967
  • Commenced on 29 December 1967
  • [This is the version of this document at 31 December 2014.]
  • [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
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

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.[Cap. 22:01][39 of 1981][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 the people in the area of jurisdiction of the office in question; and
(c)in the case of the office of Senior Chief, is a chief and is recognized by all chiefs in his district as being entitled under customary law prevailing in that district to be appointed Senior Chief.
(3)The appointment of any person to the office of Senior Chief under subsection (1) shall not affect the status of the substantive office of Chief or in any way confer on that person additional jurisdiction to the jurisdiction which he had before being appointed Senior Chief.[5 of 1999]

5. Appointment of Sub-Chiefs

At the request of a Chief the President may, by writing under his hand appoint any person to the office of Sub-Chief and may in such appointment or subsequently specify the boundaries of the area of jurisdiction of such Sub-Chief and may from time to time alter such boundaries.

6. Functions of Paramount Chief

The functions of the office of Paramount Chief shall be such as the President may specify in the appointment of the holder of such office or subsequently by writing under his hand.

7. Functions of Chief

Subject to such authority as may have been conferred on a Paramount Chief under section 6 the functions of a Chief shall be—
(a)to preserve the public peace;
(b)to carry out the traditional functions of his office under customary law in so far as the discharge of such functions is not contrary to the Constitution or any written law and is not repugnant to natural justice or morality;
(c)to assist in the collection of tax;
(d)to assist in the general administration of the District in which his area of jurisdiction is situate and for such purpose to carry out such functions as the District Commissioner may require; and
(e)for any of the purposes mentioned in paragraphs (a), (c) and (d) to carry out and enforce any lawful directions of the District Commissioner.

8. Functions of Sub-Chief

(1)The functions of a Sub-Chief shall be such of the functions of the Chief to whom he is subordinate as shall be delegated to him by such Chief and so far as the traditional functions of the office of Chief are so delegated shall not extend to any function which under customary law may not be exercised by a person other than a Chief.
(2)In carrying out such functions the Sub-Chief shall act in accordance with the general or special directions of the Chief to whom he is subordinate.

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

(1)A Chief may appoint such number of Group Village Headmen and Village Headmen as he may consider necessary to assist him in carrying out his functions.
(2)The functions of a Group Village Headman and a Village Headman shall be to assist the Chief or Sub-Chief by whom he is appointed in the performance of his functions and to bring to the notice of that Chief or Sub-Chief any matter in his village or group of villages which is relevant to such functions.
(3)The remuneration, if any, to be paid to a Group Village Headman or Village Headman shall be such sum as may be approved by the District Commissioner of the District in which the village or group of villages is situated.

10. Acting appointments

(1)If the President considers that through age, infirmity or any other reason the holder of an office of Paramount Chief, Senior Chief, Chief or Sub-Chief is unable to fulfil the functions of his office satisfactorily he may appoint such other person to act in that office as he may think fit and the person so appointed shall carry out all the functions of the office accordingly.
(2)During the period of such acting appointment the substantive holder of the office shall not carry out any of the functions of the office.[5 of 1999]

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

(1)The President may by writing under his hand remove any person from the office of Paramount Chief, Senior Chief, Chief or Sub-Chief if after due inquiry he is satisfied that—
(a)the person has ceased to be entitled under customary law to hold such office;
(b)the person has lost the confidence of the majority of the people residing in his area; or
(c)such removal is necessary in the interests of peace, order and good government.
(2)Where the President deems it expedient to cause inquiry to be made into the question of the removal of any person from the office of Paramount Chief, Senior Chief, Chief or Sub-Chief, he may by writing under his hand suspend such person from the performance of the functions of his office.[5 of 1999]

12. Inquiries

The President may appoint persons to inquire into any question relating to the appointment to or removal from the office of Paramount Chief, Senior Chief, Chief or Sub-Chief of any person and to report and make recommendations thereon to the President.[5 of 1999]

13. Appointment of Chief’s Council

(1)Where the President has removed a person from the office of Chief and is of the opinion that no other person is suitable for appointment to such office, he may appoint, by writing under his hand, a Chief’s Council to perform the functions of such office.
(2)A Chief’s Council shall consist of a Chairman and three or more members all of whom shall be appointed by name. The President may, from time to time, terminate the appointment of any Chairman or member of a Council and appoint another person in place of the person whose appointment is terminated or in addition to the existing members of the Council.
(3)A Chief’s Council shall perform all the functions of the office of Chief until a person is appointed to hold such office under section 4.

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

A Paramount Chief, Senior Chief, Chief and Sub-Chief may, in accordance with customary law, appoint advisers to advise him in the exercise of his functions. Such advisers shall be known as Counsellors and shall serve in an honorary capacity and shall not be entitled to any remuneration.[5 of 1999]

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

(1)Where any Paramount Chief, Senior Chief, Chief or Sub-Chief has been removed from office and the President is satisfied that the presence of such person in any area would be prejudicial to the maintenance of public order in that area, the President may, by notice under his hand, prohibit such person from being within any area specified in the notice, except in such circumstances and on such conditions, if any, as may be specified in the notice.
(2)A notice under this section shall be served personally on the person to whom it relates or, if he cannot be found, shall be published in the Gazette.
(3)Any person who contravenes the provisions of a notice served or published under this section shall, for every such contravention, be liable to imprisonment for six months.[5 of 1999]

16. Emoluments and pensions of Chiefs

(1)There shall be paid to every Paramount Chief, Senior Chief, Chief, Sub-Chief and Chairman of a Chief’s Council for the purpose of enabling him to maintain the status and to carry out the functions of his office in a fit and proper manner such remuneration as the President may from time to time determine.
(2)There may be paid to any Paramount Chief, Senior Chief, Chief or Sub-Chief who may voluntarily have retired or who may have been removed from office, such pension as the President may determine.[5 of 1999]

Part III – Chiefs’ staff

17. Interpretation

In this Part and in Part IV the word "Chief" shall be deemed to include a Paramount Chief, a Senior Chief, a Chief’s Council and a Sub-Chief.[5 of 1999]

18. Tax clerks and messengers

(1)There shall be appointed to serve every Chief in the discharge of the functions of his office, a tax clerk and such number of chief’s messengers as the District Commissioner may determine.
(2)Power to appoint, suspend or remove any person to or from the office of tax clerk or chief’s messenger and to exercise disciplinary control over the person holding any such office shall be vested in the District Commissioner of the district in which such person holds office.

19. Functions of tax clerk

The functions of a tax clerk shall be to assist the Chief whom he is appointed to serve in the discharge of the functions of his office and to carry out such duties in relation to the collection of tax and other administrative matters as a District Commissioner may direct.

20. Functions and duties of Chief’s Messenger

(1)A Chief’s Messenger shall assist the Chief whom he is appointed to serve in the performance of the functions of his office.
(2)For the purposes specified in subsection (1) every Chief’s Messenger shall have and may exercise all powers, rights, duties and protection for the time being conferred or imposed upon or afforded to police officers under the rank of Inspector by any written law. Where in connexion with any such power, right, duty or protection reference is made in any written law to the superior officer of a police officer, such reference shall be construed in relation to a Chief’s Messenger as being a reference to the Chief to whom such messenger is attached or to the District Commissioner.
(3)In addition to any other duties imposed upon him by this Act or any other law, a Chief’s Messenger shall—
(a)obey and execute promptly all orders, duties or instructions issued to or imposed upon him by a Chief or District Commissioner;
(b)report to the Chief to whom he is attached all matters which may directly or indirectly come to his knowledge affecting the general public interest of Malawi;
(c)at all times do, subject to the general or specific directions of a Chief or District Commissioner, all such things as are lawful and which it is necessary for him to do for the better administration of the area or to preserve the public peace and prevent the commission of an offence; and
(d)undergo such training as may be ordered by the District Commissioner.

Part IV – Preservation of public peace

21. Preservation of public peace

(1)Whenever a riot, affray or similar disorder occurs in any District, a Chief’s Messenger, on the directions of the District Commissioner or of the Chief whom he is appointed to serve, may, when in uniform—
(a)require any male person in the vicinity to assist him in quelling the riot, affray or disorder;
(b)arrest, without warrant, any person upon reasonable suspicion of his having committed an offence in connexion with the riot, affray or disorder and detain any person so arrested until he can be delivered into the custody of a police officer or brought before a court of competent jurisdiction to be dealt with according to law.
(2)Any person required under subsection (1) (d) to assist a messenger who, without reasonable excuse, refuses or fails to do so, shall be liable to a fine of £25 and to imprisonment for three months.

Part V – General

22. Offences and penalties

Any person who—
(a)not being the holder of an office of Paramount Chief, Senior Chief, Chief or Sub-Chief holds himself out to be such or purports to discharge any of the functions of the office of Paramount Chief, Senior Chief, Chief or Sub-Chief;
(b)conspires against or in any manner attempts to undermine the lawful power or authority of a Paramount Chief, Senior Chief, Chief, Sub-Chief or Chief’s Council;
(c)obstructs or interferes with the lawful discharge by a Paramount Chief, Senior Chief, Chief, Sub-Chief or Chief’s Council of any of the functions of his office; or
(d)wilfully disobeys any lawful instruction or direction, whether written or verbal, of a Paramount Chief, Senior Chief, Chief, Sub-Chief or Chief’s Council, shall be liable—
(i)for a contravention of paragraph (a) or (6), to a fine of £100 and to imprisonment for one year;
(ii)for a contravention of paragraph (c) or (d) to a fine of £25 and to imprisonment for three months.
[5 of 1999]

23. Arrest without warrant

Whenever any person is reasonably suspected of an offence against section 15, he may be arrested without warrant by a District Messenger or Chief’s Messenger, and may be detained until he can be delivered into the custody of a police officer or brought before a court of competent jurisdiction to be dealt with according to law.

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

(1)The emoluments and conditions of service of tax clerks and Chief’s Messengers shall be such as may be prescribed by the Minister.
(2)The Minister may from time to time make rules prescribing the emoluments and the terms and conditions of service of tax clerks and Chief’s Messengers.

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

A District Commissioner may, by way of allowance, reimburse to a Paramount Chief, Senior Chief, Chief, Sub-Chief or Chairman of a Chief’s Council any expenses incurred in the exercise of his functions under this Act which in the opinion of the District Commissioner were properly incurred and are in excess of the provision made in the amount of the emoluments of the holder of the office concerned.[5 of 1999]

26. Payments under this Act

All emoluments and allowances for expenses payable under this Act shall be paid out of moneys provided by Parliament for the purpose.

27. Saving

(1)A person who, immediately before the commencement of this Act, was recognized as a Paramount Chief, Chief or Sub-Chief under the Native Authority Ordinance 1955 (now repealed) shall be deemed to have been appointed to the corresponding office under this Act.
(2)A reference in any written law to a Native Authority or a Native Authority area shall be construed as a reference to the corresponding office of Chief or the area of jurisdiction of the corresponding office of Chief established by this Act.
(3)The boundaries assigned to a Section or Sub-Section prior to the coming into operation of this Act shall, until altered under this Act, continue to be the boundaries of the corresponding Section or Sub-Section established by this Act.[13 of 1999]

Schedule

AreasParamount ChiefsChiefsSub-Chiefs
Southern Region
Nsanje District   
Section 1 Mlolo 
Section 2 Tengani 
Sub-Section 2A  Mbenje
Section 3 Chimombo 
Sub-Section 3A  Makoko
Section 4 Ndamera 
Section 5 Nyachikadza 
Section 6 Malemia 
Section 7 Ngabu 
Chikhwawa DistrictLundu  
Section 1 Nganu 
Sub-Section 1A  Masache
Section 2 Chapananga 
Sub-Section 2A  Ndakwera
Section 3 Makwira 
Section 4  Kasisi
Section 5  Katunga
Section 6  Masseah
Section 7  Ngowe
Thyolo District   
Section 1Nsabwe  
Sub-Section 1A  Thukuta
Sub-Section 1B  Mbawela
Section 2 Changata 
Sub-Section 2B  Kwetemule
Section 3 Kapichi 
Section 4 Nchilamwela 
Section 5 Chimaliro 
Sub-Section 5A  Nanseta
Section 6 Bvumbwe 
Section 7 Thomas 
Section 8 Mphuka 
Mulanje District   
Section 1Mabuka  
Sub-Section 1A  Laston Njema
Section 2 Chikumbu 
Section 3 Nthitamanja 
Sub-Section 3A  Juma
Section 4 Mkanda 
Section 5 Nkhumba 
Section 6 Nazombe 
Blantyre District   
Section 1 Lundu 
Section 2 Chigaru 
Section 3 Kunthembwe 
Section 4 Makata 
Section 5 Kapeni 
Section 6 Kuntaja 
Section 7 Machinjiri 
Section 8 Somba 
Chiradzulu District   
Section 1 Mpama 
Section 2 Nkalo 
Section 3 Kadewere 
Section 4 Nchemba 
Section 5 Chitera 
Section 6 Likoswe 
Zomba District   
Section 1 Kumtumanji 
Section 2 Mwambo 
Section 3 Chikowi 
Sub-Section 3A  Mbiza
Sub-Section 3B  Ntholowa
Sub-Section 3C  Ngwelero
Section 4 Mlumbe 
Section 5 Malemia 
Section 6 Mkumbira 
Machinga District   
Section 1 Liwonde 
Sub-Section 1A Sitola 
Section 2 Kawinga 
Sub-Section 2A  Mlomba
Sub-Section 2B  Chikwewo
Sub-Section 2C  Chiwalo
Sub-Section 2D  Ngokwe
Sub-Section 2E  Nkoola
Sub-Section 2F  Chamba
Section 3 Msamala 
Section 4 Kalembo 
Section 5 Nyambi 
Section 6 Mposa 
Mangochi District   
Section 1 Mponda 
Section 2 Nankumba 
Section 3 Jalasi 
Sub-Section 3A  Chowe
Sub-Section 3B  Mbwana Nyambi
Section 4 Katuli 
Section 5 Makanjila 
Sub-Section 5A  Namavi
Section 6 Chimwala 
Mwanza District   
Section 1 Dambe 
Section 2 Nthache 
Section 3 Simon Likongwe 
Section 4 Kanduku 
Section 5 Mlauli 
Section 6 Ngozi 
Neno District   
Section 4 Cheku Cheku 
    
Central Region   
Lilongwe District   
Section 1 Khongoni 
Sub-Section 1A  Mtema
Section 2 Chitukula 
Section 3 Chimutu 
Section 4 Mazengera 
Sub-Section 4A  Chitekwere
Section 5 Kalumbu 
Sub-Section 5A  Tsabango
Section 6 Chadza-Mkwenda 
Section 7 Chiseka 
Section 8 Kalumba 
Sub-Section 8A  Njewa
Section 9 Kalolo 
Section 10 Kabudula 
Section 11 Malili 
Mchinji District   
Section 1 Mkanda 
Section 2 Zulu 
Sub-Section 2A  Mduwa
Section 3 Mlonyeni 
Sub-Section 3A  Mavwere
Section 4 Dambe 
Dedza District   
Section 1 Kachere 
Sub-Section 1A  Chilikumwendo
Section 2 Kaphuka 
Section 3 Tambala 
Sub-Section 3A  Chauma
Section 4 Kasumbu 
Section 5 Kachindamoto 
Sub-Section 5A  Kamenya Gwaza
Dowa District   
Section 1 Dzoole 
Sub-Section 1A  Kayembe
Sub-Section 1  Chakaza
Section 2 Msakambewa 
Sub-Section 2A  Mponela
Section 3 Chiwere 
Sub-Section 3A  Mkukula
Salima District   
Section 1 Khombedza 
Sub-Section 1A  Mwanza
Section 2 Kuluunda 
Sub-Section 2A  Msosa
Section 3 Maganga 
Section 4 Karonga 
Section 5 Pemba 
Sub-Section 5A  Kambwiri
Section 6 Ndindi 
Sub-Section 6A   
Ntcheu DistrictGomani  
Section 1 Kwataine 
Section 2 Mambeya 
Section 3 Njolomole 
Section 4 Phambala 
Section 5 Mpando 
Section 6 Masasa 
Section 7 N’ganya 
Section 8 Makwangwala 
Section 9 Champiti 
Kasungu District   
Section 1 Kaluluma 
Sub-Section 1A  Simlemba
Sub-Section 1B  Maaanyanja
Sub-Section 1C  Chisikwa
Section 2 Mwase 
Sub-Section 2A  Kawamba
Sub-Section 2B  Chilowa Matambe
Sub-Section 2C  Njombwa
Section 3 Chulu 
Section 4 Santhe 
Section 5 Santhe Wimbe 
Section 6 Kapelula 
Nkhotakota District   
Section 1 Kanyenda 
Sub-section 1A  Kafuzila
Section 2 Malenga-Chanzi 
Sub-section 2A  Mponde
Section 3 Mwadzama 
Sub-section 3A  Mwansambo
Ntchisi District   
Section 1 Kasakula 
Section 2 Chikho 
Section 3 Kalumo 
Sub-section 3A  Nthondo
Sub-section 3B Chilooko 
Northern Region   
Karonga District   
Section 1 Kyungu 
Sub-Section 1A  Karonga
Section 2 Mwafulirwa 
Sub-Section 2A  Mwirang’ombe
Section 3 Kilupula 
Sub-Section 3A  Mwakaboko
Chitipa District   
Section 1 Mwenemisuku 
Section 2 Kameme 
Section 3 Mwenewenya 
Section 4 Nthalire 
Section 5 Mwaulambya 
Rumphi District   
Section 1 Chikulamayembe 
Sub-Section 1A  Mwahenga
Sub-Section 1B  Mwalweni
Sub-Section 1C  Mwankunikila
Sub-Section 1D  Chapinduka
Sub-Section 1E  Kachulu
Section 2 Katumbi 
Sub-Section 2A  Zolokere
Section 3 Mwamlowe 
Mzimba DistrictM’mbelwa  
Section 1 Mtwalo 
Sub-Section 1A  Sibande
Sub-Section 1B  Munthali
Section 2 Chindi 
Section 3 Mzikubola 
Section 4 Mabulabo 
Sub-Section 4A  Khosolo Jere
Section 5 Mpherembe 
Section 6 Mzukuzuku 
Nkhata Bay District   
Section 1 Musisya 
Sub-Section 1A  Mkondowe
Sub-Section 1B  Nyaluwanga
Section 2 Boghoyo 
Section 3 Mankhambira 
Sub-Section 3A  Mkumbira
Sub-Section 3B  Fukamalaza
Section 4 Kabunduli 
Section 5 Mkumpha 
Section 6 Timbiri 
Section 7 Fukamapiri 
Section 8 Malenga-Mzoma 
Section 9 Zilakoma 
Section 10 Malanda 
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History of this document

31 December 2014 this version
Consolidation
29 December 1967
Commenced
21 December 1967
Assented to