MALAWI COMMUNICATIONS LAW 1998                                                                      MALAWI SDNP
 
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52 
 
 
Communications

                                                       FIRST SCHEDULE                                   s. 3 (3) 
MALAWI COMMUNICATIONS REGULATORY AUTHORITY 
 
Tenure of 
office and 
vacancies
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 		 l.--(I) A member of the Authority, other than a member ex officio, shall hold office for a period of four years and shall be eligible for re-appointment but the office of that member shall become vacant- 

(a) if he resigns;  

(b) upon his death;  

(c) if he becomes bankrupt;  

(d) if he knowingly fails to declare a conflict of interest relat- 

ing to any matter under consideration by the Authority;  

(e) if he is absent, without the consent in writing of the Chairman or without valid excuse, from three consecutive meetings of which he has had notice;  

(/) upon the expiry of the period of his appointment;  

(g) if he becomes, by reason of mental or physical infirmity, 

incapable of performing his duties as a member; or 

(h) if any circumstances arise that, if he were not a member, would cause that member to be disqualified for appointment as a member. 

(2) A member of the Authority shall not be removed from office except after due inquiry, and then only upon a decision in accordance with subparagraph (1) by the appointing authorities. 

(3) A vacancy in the Authority shall be filled by the appointment of another member in accordance with this Act from a list of not less than three and not more than five names submitted to the President by the Public Appointments Committee, and the member so appointed shall hold office for the unexpired period of his predecessor's term of office.
Remuneration
of members		 2. Members of the Authority shall be paid from the funds of the Authority such remuneration, allowances or other benefits as the Minister may, on the recommendation of the Authority, from time to time approve.
Meetings of 
the Authority 
 
 		 3.-(I) Meetings of the Authority shall be held at such times and 
places as the Chairman may direct: 

Provided that the Authority shall meet for the transaction of business at least once every three months: 

Provided further that the Chairman shall convene a special meeting after receiving written requests to that effect signed by at least two members, and if the Chairman fails to convene a special  
B. No. 17
 

 
 
Communications 

meeting within seven days of receipt of such request, any two members may jointly convene the special meeting. 

(2) The quorum for any meeting of the Authority shall be a 

majority of the total number of members. 

(3) The Chairman shall preside at any meeting of the Authority and, in his absence, the members present shall elect one of their number to preside at the meeting. 

(4) Subject to subparagraph (2), a decision of the Authority at any meeting shall be that of the majority of the members present at the meeting and, in the event of an equality of votes, the person presiding shall have the casting vote in addition to his deliberative vote. 

(5) No member of the Authority shall attend a meeting of the 

Authority by representation. 

(6) The Authority may, at its discretion, allow members of the 

public to attend any of its meetings. 

(7) Subject to this Act, the Authority shall have power to determine its own procedure.

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4.-(1) The Authority may, for the purpose of performing its functions under this Act, establish one or more committees and delegate to any such committee such of its functions as it considers necessary. 

(2) The Authority may invite any person to attend any of the meetings of its committees and such person shall be entitled to participate in the deliberations of the meetings but shall not have the right to vote; 

(3) The Chairman of every committee shall be a person who is a member of the Authority; 

(4) The Chairman of the Authority shall, by reason of his office, be a member of every committee of the Authority. 

(5) A member of a committee of the Authority may be paid from the funds of the Authority such allowance as the Authority may determine. 

(6) Subject to the general or special directions of the Authority and to the provisions of this Act, every committee of the Authority shall have power to determine its own procedure.

 Committees 
of 
the Authority
 
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