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PART VII — MALAWI TELECOM
70. —(1) The Minister of Finance shall form and register in accordance with the provisions
of the Companies Act, a company limited by shares to be known as Malawi
Telecommunications Limited (in this Act otherwise referred to as "Malawi Telecom").
Incorporation
of Malawi
Telecom
Cap. 46:03
(2) The Memorandum and Articles of Association of Malawi Telecom shall contain
provisions which limit its activities to the operation of a telecommunication network, the
provision of telecommunication services and other activities related thereto.
Transfer of
assets, etc.
71. —(1) Before the transfer date, the Malawi Posts and Telecommunications Corporation
shall take steps to separate the postal network and postal services from the
telecommunication network and telecommunication services.
(2) On the transfer date, all property, rights, duties, obligations and liabilities which were
comprised in the part of the undertakings of the Malawi Posts and Telecommunications
Corporation concerned with the operation of the public telecommunications network and the
provision of telecommunication services shall be transferred to Malawi Telecom.
Election to
transfer to
employment
with Malawi
Telecom
72. —(1) Any employee of the Malawi Posts and Telecommunications Corporation whose
duties relate wholly or mainly to the operation of a telecommunication network or the
provision of telecommunication services may elect to transfer to the service of Malawi
Telecom.
(2) Any person who—
(a) was in the service of the Malawi Posts and Telecommunications Corporation
immediately before the transfer date; and
(b) has elected to transfer to the service of Malawi Telecom not less than ninety days
before the transfer date,
shall enjoy terms and conditions of service after his transfer that are no less favourable than
those he enjoyed before his transfer, and his previous service with the Malawi Posts and
Telecommunications Corporation shall be treated as service with Malawi Telecom for the
purpose of determining his rights to or eligibility for any pension, gratuity, leave or other
benefits.
(3) Any person who transfers to the service of Malawi Telecom in accordance with the
provisions of subsection (2) shall not be entitled to receive any other compensation for having
left the service of Malawi Posts and Telecommunications Corporation.
Sale of shares
in Malawi
Telecom
73. The Authority shall be consulted before the Minister of Finance may dispose of all or
part of the Government interest in the shares of Malawi Telecom.
PART VIII — MALAWI POSTS
Establishment
of Malawi
Posts
74. —(1) There is hereby established a corporation to be known as Malawi Posts
Corporation (in this Act otherwise referred to as "Malawi Posts") which shall—