This is the latest version of this Act.
Related documents
- Is amended by Energy Regulation (Amendment) Act, 2025
Malawi
Energy Regulation Act
Chapter 73:02
- Commenced on 28 December 2007
- [This is the version of this document from 14 January 2025.]
- [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.]
- [Amended by Energy Regulation (Amendment) Act, 2025 (Act 1 of 2025) on 14 January 2025]
Part I – Preliminary
1. Short title
This Act may be cited as the Energy Regulation Act.2. Interpretation
In this Act, unless the context otherwise requires—"Authority" means the Malawi Energy Regulatory Authority established under section 3;"coal" means coal as defined in the Energy Laws;"customer" means a person purchasing energy;"consumer" means a person consuming energy;"electricity undertaking" means electricity undertaking as defined in the Electricity Act;[Cap. 73:01]"energy" means such sources of renewable and non-renewable energy as defined in this Act;"Energy Laws" means this Act and any other written law under which the Authority exercises any function;"energy undertaking" means any undertaking selling energy or commercial activities related thereto, whether public or private as defined in the Energy Laws;"licence" means a licence issued by the Authority under this Act or any Energy Law, and includes a certificate and a permit;[definition of "licence" substituted by section 2(a) of Act 1 of 2025]"licensee" means a person holding a licence issued by the Authority under this Act or any Energy Law;[definition of "licensee" substituted by section 2(b) of Act 1 of 2025]"liquid fuels and gas" means liquid fuels and gas as defined in Energy Laws;"member" means a member of the Authority and includes the Chairperson or Vice-Chairperson;"non-renewable energy" means those sources of energy available to mankind arising from natural processes in the interaction between the sun and the earth’s surface but not regularly replenished and these include uranium and fossil fuels e.g. coal, peat, crude oil, natural gas;"Public Appointments Committee" means the Public Appointments Committee established under section 56 (7) of the Constitution;"renewable energy" means those sources of energy available to mankind arising from natural processes in the interaction between the sun and the earth’s surface and regularly replenished and these include the sun as the primary renewable energy resource and the secondary renewable energy resources that derive from the sun including wind energy, hydro, ocean thermal, ocean wave, ocean tidal and electricity from photovoltaic effects, biomass, geothermal, etc.;"rural electrification" means rural electrification as defined in the Rural Electrification Act;[Cap. 73:03]"Rural Electrification Fund" means the fund set up under the Rural Electrification Act;[Cap. 73:03]"solar, wind, biogas" means solar, wind, biogas as defined in the Energy Laws;Part II – Establishment of the Energy Regulatory Authority: Constitution, functions, powers and duties
3. Establishment of the Authority
There is hereby established an Authority known as the Malawi Energy Regulatory Authority (in this Act otherwise referred to as the "Authority") which shall be a body corporate by that name with perpetual succession and a common seal and capable of suing and being sued in its corporate name and capable of acquiring and disposing of any moveable or immoveable property and performing such acts and things as bodies corporate may by law do or perform and have power to perform such functions and exercise such powers as are conferred by this Act and the Energy Laws.4. Constitution of the Authority
5. Appointment of members of the Authority
6. Chairperson of the Authority
The President shall appoint one of the members of the Authority as Chairperson and another member as Vice-Chairperson.7. Tenure of office of members
8. Removal from office and vacancy
9. Powers and functions
10. Consultations on the energy sector policy
11. Remuneration of members
12. Meetings of the Authority
13. Duties and responsibilities of members
14. Just administrative action
15. Committees of the Authority
16. Advisory Committees and customer-consumer fora
16A. Co-opted persons
The Authority may, at its discretion, invite any person with specific knowledge, information or expertise to attend any of its meetings or its committee meetings and address it on a matter, but such person shall not be eligible to vote at the meeting on any decision of the Authority.[section 16A inserted by section 12 of Act 1 of 2025]17. ***
[section 17 repealed by section 13 of Act 1 of 2025]18. Chief Executive of the Authority
The Authority shall appoint a Chief Executive to be known by such title as the Authority may deem fit, who shall be the chief executive officer of the Authority and responsible for the administrative control of, and supervision over the work and staff of the Authority.19. Other staff of the Authority
20. Disclosure of interest
21. ***
[section 21 repealed by section 14 of Act 1 of 2025]22. Delegation of powers and functions
The Authority may delegate any of its powers or functions under this Act or the Energy Laws, to—Part III – Financial provisions
23. Funds of the Authority
The funds of the Authority shall consist of—24. Energy regulation levy
25. Rural electrification levy
26. Books of accounts
27. Annual report
Part IV – Regulation of the energy sector
28. Activities to be carried out under licence
29. Application for and issuing of licence
Any person obliged to hold a licence under this Act or Energy Laws shall apply to the Authority for a licence in the prescribed form in accordance with the procedure and subject to payment of fees laid down in this Act or Energy Laws.30. Tariffs or prices of energy
A licensee shall not charge a customer any other tariff, price or charge more than that forming part of the conditions of his or her licence or revision thereof and as approved by the Authority.31. Transfer of licences
Part V – Resolution of disputes
32. Authority may arbitrate
The Authority shall, if requested thereto by a party to a dispute, act as arbitrator in disputes between licensees or between a licensee and its customers or consumers relating to—33. Authority may act as mediator
The Authority may act as mediator in any other matter in respect of which a licensee, customer, or consumer requests the Authority to act as such.34. Authority may appoint another arbitrator
The Authority may, on approval of the parties involved, appoint a suitable person to act as mediator or arbitrator on its behalf and any action or decision of a person so appointed is deemed to be an action or decision of the Authority.35. Procedure and fees for mediation and arbitration
The Authority shall make rules of procedure for arbitration and mediation of disputes and shall, by notice published in the Gazette, prescribe fees to be paid for arbitration and mediation of disputes.[section 35 substituted by section 24 of Act 1 of 2025]36. Decision of the Authority in arbitrating a dispute
Subject to the Arbitration Act, the decision of the Authority in arbitrating a dispute, including a decision as to costs, shall be final and binding on the disputing parties.[section 36 substituted by section 25 of Act 1 of 2025]Part VI – Inspections, accidents, inquiries and investigations
37. Inquiries and formal investigations
38. Licensee to report accidents
39. Entry and inspection of premises
Part VII – Offences and penalties
40. Offences
41. Penalties
41A. Administrative penalties
Part VIII – Miscellaneous provisions
42. Service of notice
Any notice or other document required or authorized to be given, delivered or served under this Act may be given, delivered or served—43. Judicial review
A person who is aggrieved by a decision or action of the Authority under this Act or any of the Energy Laws may apply for judicial review to the High Court within a period of thirty days from the date of the decision or action of the Authority.[section 43 substituted by section 32 of Act 1 of 2025]44. Obligation of secrecy
A member of the Authority or a committee of the Authority, or any officer, servant or agent of the Authority, or a person attending any meeting of the Authority or of a committee of the Authority, whether during his or her tenure of office or during his or her employment or thereafter, shall not disclose any information which has been obtained by him during his or her duties, and which has not been published under this Act or any Energy Law, unless the disclosure is—45. By-laws
The Authority may make by-laws to give effect to any of the provisions of this Act and without prejudice to the generality of the foregoing, the Authority may make by-laws—History of this document
14 January 2025 this version
Amended by
Energy Regulation (Amendment) Act, 2025
31 December 2014
Consolidation
Read this version
28 December 2007
Commenced