MALGA condemns resistance to councils’ by-laws, calls for metropolitan police
Malawi Local Government Association (MALGA)—an umbrella body of all local authorities—has condemned the “persistent resistance” by some citizens to adhere to by–laws dully enacted by their local government authorities, citing some insubordinate activities in Rumphi, Blantyre and Lilongwe, among others.
In a statement, MALGA has condemned “unreservedly and in strongest terms possible the uncalled behaviour by some overzealous traders and land developers” who decided to block the enforcement of dully enacted by-laws.
The statement, signed by MALGA President Councilor Davie Maunde and Executive Director Hadrod Zeru Mkandawire, reads in part: “We specifically refer to the cases in Lilongwe City where some bus operators have decided to disobey an order of relocation to a new coach terminal.
“In Blantyre City, some vendors have been resisting relocation from illegal settlement around Queen Elizabeth Hospital and more recently in Rumphi District where some market vendors are refusing to pay market fees and have subsequently usurped the Council powers to operate the market”.
According to MALGA, the Constitution of the Republic of Malawi and Local Government Act provide for “broader and specific powers and functions” of local government authorities, including bestowing upon them powers to mobilize resources for governance and development and to enact by-laws to enhance good governance.
The association has cited section 146 (1) of the Constitution of Malawi Act No. 20 of 1994, section 146 (2) of the same Constitution and the Local Government Act Chapter 22:01 of the Laws of Malawi under section 6 (1), among others.
MALGA reiterates that it is within the foregoing broader and specific legal framework that local government authorities enact various by-laws to effectively mobilize local revenue and govern their respective areas of jurisdiction, including collection of market fees, annual license fees, property tax and regulation of land development.
“It, therefore, follows that enforcement of dully enacted by-laws is not contingent upon approval of some sections of society and or the political elite,” the statement says.
Zeroing in on the Rumphi case, MALGA reminds the vendors that paying market fees is not an option but a legal obligation which is mandatory.
“Failure to pay a tax is an offence and we would like to draw the attention of Rumphi vendors and all traders in Malawi that section 105 of the Local Government Act is explicit that failure to obey by-laws, including dully charged market fees is an offence.
“We further draw the attention of Rumphi Boma Market vendors that under Part 11 of the Second Schedule of the Local Government Act, it is illegal to for anyone to establish and or operate any market within a Local Government area.
“We, therefore, find the decision by some vendors in Rumphi to usurp the powers of the Council in operating the market at Rumphi Boma Market illegal and unacceptable”.
The statement further calls upon the Malawi Police Service to “dully enforce the law on all those involved in this illegal conduct”.
Moving forward, MALGA observes that “the foregoing events present yet another lesson to policy makers at the national level to seriously consider our long–term request to establish the metropolitan police”, which “would help in effectively enforcing the by–laws”.
“We, therefore, call upon the central Government particularly the Ministry of Homeland Security and Ministry of Local Government, Unity and Culture to prioritize the necessary policy and legal framework changes that would facilitate each Local Government Authority to establish metropolitan police,” the statement concludes.
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