MALAWI:   NON-GOVERNMENTAL ORGANISATIONS BILL, 2000                                                     MALAWI SDNP
 
 
 
PART IV - DISCHARGE OF FUNCTIONS
 
Service  
Committees		 14.  (1)  The Assembly shall establish the following committees:-
              (a)  the Finance Committee 
              (b)  the Development Committee 
              (c)  the Education Committee 
              (d)  the Works Committee 
              (e)  the Health and Environment Committee; and 
              (f)  the Appointments and Desciplinary Committee 

       (2)  The Assembly may establish such other committees at word ernment
              area level. 

       (3)  The Assembly may establish such other  committees at ward, area or
              village level as it may determine. 

       (4)   The composition of service committees and the committees 
               established under subsections (2) and (3) shall be determined by 
               the Assembly. 

        (5)   A services committee or other committee established under
                subsections (2) and (3) may in its discretion at any time and for any
                period invite any person to attend any meeting of such committee 
                and take part in the deliberations at the meeting, but such person 
                shall not be entitled to vote at the meeting.
 
Delegation to 
committees 
etc		 15.  (1)  Subject to any express provisions of this Act, the Assembly may 
              arrange for the discharge of any of its functions by a committee, a 
              sub-committee or any officer of the Assembly.

Provided that the Assembly shall not delegate its powers to:- 

           (a)  borrow money; or 
           (b)  make by-laws ans Standing Orders; 
           (c)  levy a rate. 

     (2)  Where under this section any functions of hte Assembly may be 
            discharged by a committee of the Assembly, then unless the Assembly
            otherwise directs, this committee may arrange for the discharge of any
            of those functions by a sub-committee or an officer of the Assembly 
            and where any functions of the Assembly may be discharged by a 
            sub-committee of the Assembly, then unless the Assembly or the
            sub-committee otherwise directs, the sub-committee may arrange for
            the discharge of any of those functions by any officer of the Assembly. 

     (3)  Any arrangements made by the Assembly or a committee for the
           discharge of any functions by a committee, sub-committee, officer of 
           the Assembly shall not prevent the Assembly by whom the 
           arrangements are made from exercing those functions. 

     (4)  Two or more Assemblies may discharge any of their functions jointly 
            and, where arrangements are in force for them to do so, the Assemblies
            may also arrange for the discharge of those functions by joint 
            committee of theirs or by an officer of one of them and subsection (2) 
            shall apply in relation to those functions as it applies in relation to the 
            functions of the individual Assemblies. 
 
Appointiment  
of Committees		 16.  (1)  For the purpose of discharging any functions in pursuance of
             arrangements made under section 15:-
 
              (a)  the Assembly may appoint a committee of the Assembly; or 

              (b)  two more Assemblies may appoint a joint committee of the
                    Assemblies; or 

               (c)  any such committee may appoint one or more sub-committees. 

     (2)  The number of members of a committee appointed under subsection 
           (1), their term of office, and the area within which the committees may
           excercise their authority shall be fixed by the apponited Assemblies 
           or, in the case of sub-committees, by the appointing committee. 

      (3)  Every member of a committee appointed under this section who at the
            time of his appontiment was a member of the appointing Assembly or
            one of the appointing Assemblies shall upon ceasing to be a member 
            of that Assembly also cese to be a member of the committee. 

     (4)  The Assembly may invite any person to attend a meeting of a
            committee: 
            Provided that such person shall not be entitled to vote.
Expenses of  
joint committee		 17.  The expenses incurred by a joint committee of two or more Assemblies
       shall be defrayed by those Assemblies in such proportions as the 
       Asemblies may agree. 
 
Disability  
from voting  
on account  
of pecuniary 
interest		 18.  Sections 12 and 15 shall apply in respect of memebers of a committee of
       the Assembly or of a joint committee of two or mor Assemblies, 
       including in either case a subcommittee, as they apply in respect of 
      members of the Assembly subject to references to meetings of any such    
      committee being substituted for references to meetings of the Assembly. 
 
Standing  
order		 19.  The Assembly shall make Standing orders for the regulation of such 
        matters as may be necessary for the purposes of this Act. 
 
Monitoring of  
Assembly  
decisions		 20.  (1)  It shall be the the duty of the Chief Executive Officer of the 
             Assembly if at any time it appears that any proposal, decision or 
             omission by the Assembly or by any committee, sub-committee or
             officer of the Assembly has fiven rise to or is likely to give rise to or
             would give rise to:-
 
              (a)  a contravention of this Act or any other written law Standing 
                    Oder, by-law or regulation 
 
               (b) any maladministration or injustice, to prepare a report to the
                    Assembly with respect to that proposal, decision or omission 

      (2) It shall be the duty of the Assembly to consider such report at a 
           meeting held not more than fourteen days after copies of the report
           are first sent to the Assembly. 

(3) The implementation of a proposal or decision to which a report under this
      section relates shall be suspended in consequence of the report until the 
      end of the first business day on which consideration of that report has 
      been concluded. 
 
Prohibition 
orders		 21.-(I) Where the Assembly-
 
           (a)  is about to make or has made a decision which involves or would
                 involve the Assembly incurring expenditure which is unlawful; or 

           (b)  is about to take or has taken a course of action which if pursued to
                 its conclusion would be unlawful or likely to cause a loss or
                deficiency, or 

           (c)  is about to take or has taken a course of action which if pursued to
                 its conclusion would be unlawful or contrary to national policies,  
                 the Minister may issue an order requiring the Assembly to desist
                 from making or plementing the decision or taking or continuing to
                 take the course of action.
 
      (2) Where the Assembly wilfully or negligently fails to comply with the 
            order made by the Minister under subsection (1), the 

            Minister may- 
 
            (a) surcharge the Assembly for the amount incurred as a result of the 
                 decision made; 

            (b) surcharge the Assembly for the amount of loss or deficiency arising
                  out of the course of action taken. 
 
      (3) Where the Assembly contravenes the provisions of section 21 (1) (c), 
            the Minister may suspend the Assembly. 

      (4) Where an Assembly has been suspended under subsection (3), the 
            Minister shall appoint a Commission which shall have the full powers 
            to run the affairs of the Assembly until a decision of the High Court on
            whether the Assembly has acted unlawfully or contrary to national
            policies, or elections for a new Assembly are held, as the case may be. 

       (5) Where the Minister suspends the Assembly under subsection (3), the
             High Court shall, on the motion of the Minister or a member of the 
             Assembly, determine whether the Assembly acted unlawfully or 
             contrary to national policies. 

       (6) Where the High Court determines that an Assernbly has acted 
             unlawfully or contrary to national policies, the President shall dissolve
             the Assembly and elections for a new Assembly shall be held within 
             ninety days from the date of dissolution. 
 
Evidence of 
resolutions		 22. A ducument which- 
 
      (a) purports to be a copy of a resolution, order or report of the Assembly
           or the minutes of a meeting of the Assembly; or 

      (b) bears a signature purporting to be signed by the Chief Executive Officer
           of the Assembly or a person authorized in that behalf by him or the 
           Assembly, shall be prinia facie evidence in any proceedings of the 
           matters stated in the document. 
 
Admission to 
 meetings		  23.-(1) The meetings of the Assembly including meetings of any committee, 
             sub-committee or joint committee shall be open to  the public and the
             press. 
 
       (2) The Assembly may by resolution exclude the public and the press
             whether during the whole or part of the proceedings whenever 
             publicity would be prejudicial to the public interest by reason of the
             confidential nature of the business to be transacted or for other 
             special reasons stated in the resolution and arising from the nature of 
             that business or of the proceedings and where such a motion is passed
             the meeting shall not be open to the public or the press during
             proceedings to which the resolution applies.
 

      (3) Where a meeting of the Assembly is required to be open to the public 
            and the press the following provisions shall apply- 

            (a) a notice of the time and the place of the meeting shall be given by
                 posting it at the offices of the Assembly three clear days before the 
                 meeting; 

            (b) while the meeting is open to the public and the press, the 
                 Assembly shall not have power to exclude from the meeting 
                 members of the public, and duly accredited representatives of the 
                 press attending for the purposes of reporting the proceedings shall 
                 be afforded reasonable facilities for making their report, including 
                 the provision of the agenda and reports to be considered at such 
                 meeting. 
 
 
                           .