Department

Legal Department

Senior Legal Assistance

The Department of Legal Services is responsible for providing legal advise to the Council. Its core functions include ensuring that the local authority operates within the confines of established laws that govern the local government system. The Department further executes various functions inter alia; drafting commercial contracts, Provision of Legal opinions, processing land applications, trading licenses applications, processing of Certificates of Title and occupancy licenses issued under the Urban and Regional Planning Act No.3 of 2015 of the Laws of Zambia etc. The Directorate has four (4) Sections:

  1. Litigation
  2. Estates
  3. Licensing
  4. Contracts

Litigation

The litigation section is responsible for conducting research and timely litigation of matters on behalf of the Council, both as Plaintiff or Defendant in order to safeguard and preserve its interests. This Section is further mandated to prosecute offenders as provided by the Local Government Act No.2 of 2019 of the Laws of Zambia. Furthermore, the department handles cases that are referred to the Directorate from other Councils within Western Province or any other council that may need legal services.

 

Estates

The operation of this section is anchored on land administration and alienation pursuant to the Lands Act, Chapter 184 of the Laws of Zambia and the Lands and Deed Registry Act, Chapter 185 of the Laws of Zambia. By virtual of circular number 1 of 1985, the council is an agent and an applicant may apply through the local authority which has been delegated powers to receive applications for land from members of the public. The department prepares instrument documents such as invitations to treat, offer letters and all necessary documentation leading to the issuance Certificate of Title. Other documents prepared here include; Assignments, Mortgage Deeds, Discharge of Mortgage Deeds, change of ownership etc.

The  Council has the authority to deal;

  1.     a) State Land
  2.     b) Housing (Statutory and Improvements) Area

    Procedure for allocation of land

    1. Land identification
    2. Approval of plan by Council
    3. Advertisement placed in the newspaper for applications
    4. All applications reported to the Plans, Works and Development Committee, and full Council Offer letters and demands.

     

Licensing

The section processes applications for various trading licenses relevant for conducting business in Mafinga district pursuant to the Trades Licensing Act, Chapter 393 of the Laws of Zambia and Liquor Licensing Act No. 20 of 2011 on behalf of the Liquor Licensing Board. The process of issuing various licenses includes filing in an application in a prescribed manner, assessment/inspection of the business premises before issuance of the respective license or trading permit.

In order to enhance compliance with laid down regulations and laws by license holders, the Licensing section together with Department of Human Resource and Administration (Council Police Unit) and Department of Public Health conduct inspection of various business ventures, and failure to comply with statutory requirement attracts a penalty and/or prosecution as prescribed by the Acts that govern the activities.

Contracts

The section is responsible for the preparation of commercial contracts, Memorandum of Understanding (MoU), and Memorandum of Agreements (MoAs) concerning and relating to the Council. Common contracts under the Section include; 

  1. Construction/Building Contracts
  2. Contracts for Supply and Delivery of Services
  3. Contracts for Supply of Goods
  4. Contracts of sale
  5. Lease agreements in respect of Council properties; and
  6. Employment Contracts

 

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