- 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.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Chief’s Act.
2. InterpretationIn 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
4. Appointments to the office of Paramount Chief, Senior Chief and Chief
5. Appointment of Sub-ChiefsAt 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 ChiefThe 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 ChiefSubject to such authority as may have been conferred on a Paramount Chief under section 6 the functions of a Chief shall be—
8. Functions of Sub-Chief
9. Appointment and functions of Group Village Headman 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. InquiriesThe 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
14. Appointment of advisers by Paramount Chiefs, Senior Chiefs, Chiefs and Sub-ChiefsA 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
16. Emoluments and pensions of Chiefs
Part III – Chiefs’ staff
17. InterpretationIn 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
19. Functions of tax clerkThe 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
Part IV – Preservation of public peace
21. Preservation of public peace
Part V – General
22. Offences and penaltiesAny person who—
23. Arrest without warrantWhenever 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
25. Unusual expenses of Paramount Chiefs, Senior Chiefs, Chiefs and Sub-ChiefsA 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 ActAll emoluments and allowances for expenses payable under this Act shall be paid out of moneys provided by Parliament for the purpose.
History of this document
31 December 2014 this version
29 December 1967
21 December 1967