Legislation

Legal Framework

Legal Framework for the Energy Sector

Following Goverment of Malawi's (GoM's) adoption of the Energy Policy, 2003 this Department developed an associated legal and regulatory framework for regulating the energy sector; these were enacted by Parliament and acceded to by the State President in May, 2004.  The legal and regulatory framework comprises the following Energy Acts:

Energy Regulation Act, No. 20, of 2004;

An Act to establish an Energy Regulatory Authority to regulate the energy sector, to define the functions and powers of the Energy Regulatory Authority, to provide for licensing of energy undertakings, and for matters connected therewith and incidental thereto.

Rural Electrification Act, No. 21 of 2004;

The Rural Electrification Act, 2004 makes provisions for the promotion, funding, management and regulation of rural electrification and for matters connected therewith and incidental therefore.  The main gist of the Rural Electrification Act, 2004 is the desire by GoM to rationalize rural electrification implementation arrangements so as to ensure objectivity in site selection (based on economic rationale), equity among districts, and speed in rural energization in support of poverty reduction.

Electricity Act, No. 22, of 2004;

The main feature of the Electricity Act, 2004 is the liberalization of the Electricity Supply Industry (ESI) and how the resultant competition is to be governed to ensure fair play, private investment, as well as efficiency and effectiveness in service delivery.  This Act repeals the Electricity Act, 1998 (Cap.73.01) and in its place puts a new legal framework for the regulation of the Generation, Transmission and Distribution, Sale, Importation, and Exportation of electricity, and also use and safety of electricity in line with the Energy Policy, 2003.

Electricity (Amendment) Act, No.12, of 2016

This is the ammendment act which povides an enabling environment for private sector participartion in the electricity supply industry in the country  by allowing restructuring of the electricity market.

Liquid Fuels and Gas (Production and Supply) Act, No. 23, of 2004;

The Liquid Fuels and Gas Supply Act, 2004 has its jurisdiction over downstream operations only and covers activities in petroleum, ethanol and gas importation, wholesaling, transportation, distribution and retailing.  A separate Act known as the Petroleum Exploration Act, 2004 governs upstream activities.  The main feature of the Liquid Fuels and Gas Supply Industry is the further liberalization of the industry and establishment of mechanisms for governing the resultant competition to ensure fair play, expanded private investment, as well as efficiency and effectiveness in service delivery.

Follow this link for a copy of THE ENERGY POLICY 2003 AND ENERGY LAWS... 


Follow this link for a copy of THE ENERGY POLICY 2003 AND ENERGY LAWS... 

Policy Guidance & Management Structure
Energy Policy Framework

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