Department of Legal Services

Monica Lwenje- Director Legal

3.Licensing Unit

Businesses operating within Choma District must obtain appropriate trading licenses, and the Licensing Unit is responsible for processing these applications. This responsibility is performed in line with the Trades Licensing Act (Chapter 393) and the Liquor Licensing Act No. 20 of 2011.

Applicants are required to fill out designated forms, after which inspections of business premises are conducted before a license or permit is issued. To maintain compliance, this unit collaborates with Public Health officers and the Council Police/Administration Unit to carry out inspections. Failure to meet statutory requirements may result in penalties or prosecution.

 

4.Contracts Unit

The Contracts Unit deals with the drafting and vetting of agreements that the Council enters into. These include:

  • Agreements for construction projects
  • Contracts for supply and delivery of services
  • Agreements for the procurement of goods
  • Sale and purchase agreements
  • Lease contracts for Council-owned properties
  • Employment-related contracts
  • Memoranda of Understanding and similar instruments

The unit ensures that all agreements protect the Council’s interests and meet legal standards

The Department of Legal Services plays a central role in guiding the Council on legal matters and ensuring that all Council activities are consistent with the laws that regulate local governance. The Department’s work ranges from preparing legal documents and issuing formal legal advice to handling land administration, business licensing processes, and documentation required under the Urban and Regional Planning Act No. 3 of 2015.

The Department operates through four main units:

  • Litigation
  • Estates
  • Licensing
  • Contracts

1.Litigation Unit

The Litigation Unit is responsible for managing all legal disputes involving the Council. Whether the Council needs to pursue a claim or defend itself, this unit handles the research, preparation, and representation required in court. It also has authority under the Local Government Act No. 2 of 2019 to carry out prosecutions for breaches of Council by-laws. When requested, the unit may extend support to other councils requiring legal assistance.

2.Estates Unit

The Estates Unit oversees land administration matters in accordance with the Lands Act (Chapter 184) and the Lands and Deeds Registry Act (Chapter 185). Under the delegation provided by Circular No. 1 of 1985, the Council is permitted to receive land applications directly from individuals.

 

The unit prepares key documentation related to land transactions, such as offer letters, invitations to treat, mortgage instruments, discharges, assignments, and transfers of ownership. It manages both State Land and Housing Areas (Statutory and Improvement Areas).

General steps in allocating land include:

  1. Identifying the land available
  2. Council review and approval of the layout or site plan
  3. Advertising the land for public applications
  4. Submitting applications to the Council committee dealing with development matters, followed by full Council consideration
  5. Issuing offers and related documents to successful applicants