LEGAL SERVICES

Structure

The Legal Directorate comprises of two units, the Consumer Affairs Unit and the Legal Services Unit. The Directorate is led by the Director of Legal Services who also serves as Secretary to the Board of the Authority

He is assisted by the Deputy Director of Legal Services and the Deputy Director of Consumer Affairs. Other personnel of the Directorate include a Consumer Affairs Manager, a Legal Services Officer and an Executive Assistant.

 

Policy and Legislation

The Authority uses the following as its working documents –

  • The Communications Sector Policy Statement of 2013;
  • The Communications Act; and
  • Operator licences

Currently the Communications Act is under review to accommodate technological advances that have occurred since the Act was enacted in 1998. After the revision of the Communications Act, some licences shall also be reviewed to be in tandem with the new law.

Apart from review of the Communications Act, the Authority is in the process of developing regulations to enhance the regulatory framework of the ICT industry.

 

Mandate
The mandate of the Legal Directorate s cuts across all the departments of the Authority and includes the following –

  • Preparing for Board meetings, processing Board minutes and resolutions and following up on the execution of Board resolutions;
  • Drafting, telecommunications, radio, broadcasting and postal licences, regulations and guidelines
  • Conducting litigation on behalf of the Authority;
  • Conducting general legal research, and rendering advisory opinions
  • Enforcement of the law, regulations and licences;
  • Arbitration, mediation and conciliation over operator and consumer disputes;
  • Negotiating and executing various contracts on behalf of the Authority;
  • Consumer protection; and
  • Providing overall oversight support to other departments to ensure that decisions are made within the law.

Programmes
Currently, the Directorate is involved in several projects including the following –

  • Review of the Communications Act;
  • Development of broadcasting, postal and telecommunications regulations; and
  • Development of new operator licences.

Consumer Affairs Unit

One of the mandates given to MACRA under section 4 of the Communications Act Cap 68:01 of the Laws of Malawi is Consumer Protection.

The Consumer Affairs Unit (CAU) is established pursuant to this mandate to champion and safeguard Consumer Protection in the sector through educating and enforcing consumer protection obligations.

ESTABLISHMENT

The Unit is currently established under the Legal Department and is headed by the Deputy Director of Consumer Affairs.

FUNCTIONS OF THE UNIT

 The functions of the unit include:

  • Developing and implementing Consumer Policy;
  • Monitoring and enforcing Consumer Regulations
  • Addressing, investigating and resolving communication consumer complaints between the communication service providers and consumers;
  • Developing and implementing consumer awareness/education outreach programmes;
  • Facilitate formation of consumer protection alliances and consultative forum;
  • Keep under review trends in consumer reaction and facilitate market research on consumer behavior and expectations in Malawi;
  • Carry out any other activity necessary and incidental towards advancement of communication consumer protection.