Legal Services

Chawezu Chilombo

Director Legal Services

The Department of Legal Services (DLS) provides and facilitates acquisition through legal procedure of property in land ownership and business licenses. The main objective of the Department is to provide legal services to the Council in order to ensure that it operates within the legal framework.

 

The Department has an internal culture oriented interaction towards problem solving through cooperation and collaboration with other departments. Our Department incorporates and promotes the concept that effectiveness of services begins and ends with the client demand and also relies on well-trained involved personnel.

 

In pursuing this overarching objective, the Department of Legal Services (DLS) seeks to produce measurable improvements in communication with its clients, realizing that “trying hard and waiting for client demand is not good enough.” The department also endeavors to instill a results accountability model in its approach to planning, as evidenced in this Framework for Excellence.

The Department is comprised of five separate Sections as follows:

  • Litigation
  • Contract
  • Deeds and Registry
  • Estate
  • Licensing

OUR VALUES

 Our department’s core values are

  • Efficiency
  • Excellence
  • Thoroughness
  • Responsiveness
  • Collaboration
  • Relevance
  • Transparency
  • Honesty/Trustworthiness
  • Ethics

We also embrace a code of ethics and a legal professional values system that embodies the principles, ideals, and beliefs of its staff, administrators, and trustees, and forms the foundation for effective actions.

  • Excellence
  • Teamwork
  • Collegiality and Shared
  • Governance Inclusiveness of Ideas
  • Principled Leadership
  • Supporting Our Clients
  • Use of Technology
  • Equitable Reward System

OUR SERVICES

The role of our department is centered on the legal frameworks. Its many programs are on daily demand and mostly involve land acquisition and business licenses, and constant efforts are made to ensure relevance and effectiveness. The services provided mostly to clients are:

  • Processing of land applications in order to facilitate allocation and sustainable development
  • Maintenance of the Deeds Register in order to facilitate property ownership
  • Issuance of licenses in order to regulate the conduct of business.

Our mission is to promote, facilitate, regulate, and provide access to relevant and responsive guidance on legal services.

Our objective is to provide legal guidance to ensure the council operates within the legal framework

INFORMATION ABOUT OUR AUTHORITY 

The operation of our department is always guided by pieces of authorities as follows:

  • The Local Government Act No. 2 of 2019
  • The Principle Lands Act CAP 184
  • Commissioner of Lands Circular No.1 of 1985
  • Liquor Licensing Act, 2011
  • Business Levy Statutory Instrument No. 20 of 2012 of the Local Government Act
  • Mazabuka Municipal Council Strategic Plan
  • The Council By-Laws
  • The Council Resolutions

To undertake specific principle facilitations in line with the authorities’ guidance, the Land Alienations and Development Policy has been formulated. This policy provides the guidelines on how to apply for different categories of land for acquisition of ownership and development.

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SERVICE TYPE

VITAL STEPS

STANDARD OF SERVICE

DURATION

1.

Processing of land applications and allocation letters

Advertising of created/available plots in Print Media

Within 21 Days

Issuance of allocation letters is made in 2 Months after the Council’s approval 

Receiving of land application

Within 10 Minutes

Reporting and interviewing applicants by the Committee

Within 01 Months

Council Approval of successful applicants 

Within 2 Months 

Writing of allocation letters  to successful applicants

Within 15 Minutes

Requirements

1)     A copy of a client National Registration Card

2)     A proof of a receipt of an application Form

3)     A proof of sources of funds to develop

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SERVICE TYPE

VITAL STEPS

STANDARD OF SERVICE

DURATION

2.

Facilitate property ownership (State Land)

Creating of client files and Calculation of service charge Fees

Within 25 Minutes

Issuance of Title is made by the Commission of Lands

Requesting of Extract of Minutes from Administration

Within 15 Minutes

Writing of recommendation letter to the Commission of Lands for issuance of Title Deed

Within 15 Minutes

Requirements

1)     3 copies of a client National Registration Cards

2)     3 copies of Service Charge Receipts

3)     3 copies of allocation letters

4)     3 sets of the application Form “A’’

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SERVICE TYPE

VITAL STEPS

STANDARD OF SERVICE

DURATION

3.

Facilitate property ownership (Improvement  Areas)

Creating of client file

Within 30 Minutes

Issuance of Occupancy License will be within 14 working days after the approval of the Council

Receiving of application form

Within 30 Minutes

Reporting of applicants to the Committee

Within 01 Months

Council Approval of the application 

Within 2 Months 

Preparation and Issuance of Occupancy Licence

Within 2 Weeks

Requirements

1)     3 copies of a client National Registration Cards

2)     3 copies of Ownership Documents (Allocation letter or Contract of Sale)

3)     3 copies of Proof of Payments (Receipts)

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SERVICE TYPE

VITAL STEPS

STANDARD OF SERVICE

DURATION

4.

Facilitate property ownership on Conversion of Tenure

Creating of client files

Within 25 Minutes

Issuance of Title is made by the Commission of Lands

Reporting of application to the Committee

Within 01 Months

Council Approval of the application  

Within 2 Months 

Requesting of Extract of Minutes from Administration

Within 15 Minutes

Writing of recommendation letter to the Commission of Lands for issuance of Title Deed

Within 15 Minutes

Requirements

1)     3 copies of a client National Registration Cards

2)     3 copies of Inspection, Scrutiny, Application and Extract of Minutes Receipts

3)     3 copies of hand written letters from the Chief

4)     3 sets of the application Form

5)     3 Inspection report

6)     3 copies of Form “C’’

7)     8 Original Copies of a Site Plan date stumped and signed by both the Royal Highness and Director of Planning  

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SERVICE TYPE

VITAL STEPS

STANDARD OF SERVICE

DURATION

5.

Facilitate property ownership on change of recommendations

 (State Land)

Creating of client files

Within 25 Minutes

Issuance of Title is made by the Commission of Lands

Calculation of service charge/change of recommendation Fees

Within 10 Minutes

Reporting of application to the Committee

Within 01 Months

Council Approval of the application  

Within 2 Months 

Requesting of Extract of Minutes from Administration

Within 15 Minutes

Writing of recommendation letter to the Commission of lands for issuance of Title Deed

Within 15 Minutes

Requirements

1)     Contract of sale handled by the legal firm/Commission of Oath

2)     Change of recommendation form

3)     3 copies of a client National Registration Cards

4)     3 copies of Service Charge/Change of recommendation Receipts

5)     3 copies of allocation letters

6)     3 sets of the application Form “A”

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SERVICE TYPE

VITAL STEPS

STANDARD OF SERVICE

DURATION

6.

Facilitate property ownership on change of ownership

 (Improvement Areas)

Creating of client files

Within 25 Minutes

Issuance of Occupancy License will be within 14 working days after the approval of the Council

Calculation of Change of Ownership Fees

Within 10 Minutes

Reporting of application to the Committee

Within 01 Months

Council Approval of the application  

Within 2 Months 

Requesting of Extract of Minutes from Administration

Within 15 Minutes

Preparation and Issuance of Occupancy Licence

Within 2 Weeks

Requirements

        1)   Contract of sale handled by the legal firm/Commission of Oath

 2)   Change of Ownership form

        3)   3 copies of a client National Registration Cards

        4)   3 copies of Change of Ownership Receipts

        5)   3 copies of allocation letters/occupancy license or Contract of Sale 

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SERVICE TYPE

VITAL STEPS

STANDARD OF SERVICE

DURATION

7.

Licensing for business levy

Receiving of application for renewal of business levies 

1st August to 31st October of each year

Issuance of Business Levy will be within 1 week after compliance

Issuance  of quotation 

Within 5 Minutes

Preparations and Issuance of Certificates of Business levy

Within 1 week

Requirements

1)     Proof of payment (Receipts)

2)     Tax clearance Certificate (If applicable)

3)     PACRA Certificate (If applicable)

4)     Copy of NRC (Personal Business)

8.

Licensing for Liquor

Receiving of application for renewal of business license

1st August to 31st October of every after three years

Issuance of Liquor License will be within 1 week after compliance

Issuance of quotation 

Within 5 Minutes

Report of the applicant to the Licensing Committee

Within 1 Month

Approval of the application by the Council

Within 2 Months

Preparations and Issuance of Certificates of License

Within 1 week

Requirements

1)     Proof of payment (Receipts)

2)     Approved Building Plan

3)     Tax clearance Certificate

4)     PACRA Certificate

5)     Fire Certificate

6)     Health Certificate

7)     Police Report for Licences 

9.

Licensing for petroleum

Receiving of application for renewal of business licence

1st August to 31st October of each year

Issuance of petroleum licenses will be within 1 week after compliance

Issuance  of quotation 

Within 5 Minutes

Preparations and Issuance of Petroleum Certificate

Within 1 week

Requirements

1)     Proof of payment (Receipts)

2)     Tax clearance Certificate

3)     PACRA Certificate

4)     Fire Certificate

5)     Health Certificate

6)     Police Report for Licensepetroleum licensespetroleum licenses 

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