Category: Principal Legislation

CHAPTER 46:04PARTNERSHIP ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IINATURE OF PARTNERSHIP 3. Definition of a partnership 4. Rules for determining existence of partnership 5. Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency 6. Meaning of firm PART IIIRELATIONS OF PARTNERS TO PERSONS DEALING WITH THEM 7. Power of partner to bind the firm 8. Partners bound by acts on behalf of firm 9. Partner using credit of firm for private purposes 10. Effect of notice that firm will not be bound by acts of partner 11. Liability of partners 12. Liability of the firm for wrongs 13. Misapplication of money or property received for or in custody of the firm 14. Liability for wrongs joint and several 15. Improper employment of trust property for partnership purposes 16. Persons liable by ‘‘holding out” 17. Admissions and representations of partners 18. Notice to acting partner to be notice to the firm 19. Liabilities of incoming and outgoing partners 20. Revocation of continuing guarantee by change of firm PART IVRELATIONS OF PARTNERS TO ONE ANOTHER 21. Variation by consent of terms of partnership 22. Partnership property 23. Property bought with partnership money 24. Conversion into personal estate of land held as partnership property 25. Procedure against partnership property for a partner’s separate judgment debt 26. Rules as to interests and duties of partners subject to special agreement 27. Expulsion of partner 28. Retirement from partnership at will 29. Where partnership for term is continued over, continuance on old terms presumed 30. Duty of partners to render accounts, etc. 31. Accountability of partners for private profits 32. Duty of partner not to compete with firm 33. Rights of assignee of share in partnership PART VDISSOLUTION OF PARTNERSHIP AND ITS CONSEQUENCIES 34. Dissolution by expiration or notice 35. Dissolution by bankruptcy, death, charge or subjection to forfeiture 36. Dissolution by illegality of partnership 37. Dissolution by the Court 38. Rights of person dealing with firm against apparent members of firm 39. Right of partners to notify dissolution 40. Continuing authority of partners for purposes of winding up 41. Rights of partners as to application of partnership property 42. Apportionment of premium where partnership prematurely dissolved 43. Rights where partnership dissolved for fraud or misrepresentation 44. Right of outgoing partner in certain cases to share profits made after dissolution 45. Retiring or deceased partner’s share to be a debt 46. Rule for distribution of assets on final settlement of accounts 47. Saving for rules of equity and common law 4 of 1969 An Act relating to partnerships and matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Partnership Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘business’’ includes every trade, occupation or profession; ‘‘Court’’ means the High Court. PART IINATURE OF PARTNERSHIP 3. Definition of a partnership (1) Partnership is the relation which subsists between persons carrying on business in common with a view to profit. (2) The relation between members of any company or association which is— (a) registered as a company under any written law for the time being in force in Malawi rating to the registration of joint stock companies; or (b) formed or incorporated by or in pursuance of any other written law, letters patent or Royal Charter; is not a partnership within the meaning of this Act. 4. Rules for determining existence of partnership In determining whether a partnership does or does not exist,regard shall be had to the following rules— (a) joint tenancy, tenancy in common, joint property, common property, or part ownership does not of itself create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof; (b) the sharing of gross returns does not of itself create a partnership, whether the persons sharing such returns have or have not a joint or common right or interest in any property from which or from the use of which the returns are derived; (c) the receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but receipt of such a share, or of a payment contingent on or varying with the profits of a business, does not of itself make him a partner in the business; and in particular— (i) the receipt by a person of a debt or other liquidated amount by instalments or otherwise out of the accruing profits of a business does not of itself make him a partner in the business or liable as such; (ii) a contract for the remuneration of a servant or agent of…

CHAPTER 33:07OLDER PERSONS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIGENERAL PRINCIPLES 3. Objects of the Act 4. Implementation of the Act 5. General principles PART IIIENABLING AND SUPPORTIVE ENVIRONMENT FOR OLDER PERSONS 6. Rights of older persons 7. Development of national standards and compliance 8. Guiding principles for provision of services 9. Fiscal incentives for support services delivered by third parties PART IVOLDER PERSON’S GRANT 10. Provision of older person’s grant 11. Eligibility for an older person’s grant 12. Identification and selection of beneficiaries for an older person’s grant 13. Payment of older persons grants 14. Discontinuation of payments to older persons absent from Malawi 15. Recovery of older person’s grant 16. Appeals 17. False representation PART VPROTECTION FOR OLDER PERSONS 18. Older persons in need of care and protection 19. Notification of abuse of older persons 20. Written notice to alleged offender 21. Procedure for bringing alleged offenders before court 22. Enquiry into alleged abuse of older persons 23. Prohibition of abuse of older persons and special measures to combat abuse of older persons 24. Keeping of register of abuse of older persons PART VICOMMUNITY-BASED CARE AND SUPPORT SERVICES 25. Rights of older persons receiving community-based care and support services 26. Community-based programmes for older persons 27. Community-based care and support services to be registered and licensed 28. Registration and licensing of community-based care and support services 29. Persons providing home-based care 30. Monitoring and evaluation of community-based care and support services PART VIIRESIDENTIAL FACILITIES 31. Rights of older persons in residential facilities 32. Services at residential facilities 33. Registration and licensing of residential facilities 34. Compliance with conditions for registration of residential facilities 35. Establishment of residents’ committees for residential facilities 36. Admission to residential facilities 37. Monitoring of registered residential facilities 38. Reports by operators of residential facilities PART VIIILICENCES 39. Requirement for a licence 40. Application for a licence 41. Grant or refusal of application for licence 42. Particulars of licence 43. Annual returns 44. Cancellation of licence 45. Cessation of activities PART IXINSPECTION 46. Inspectors 47. Powers of inspectors 48. Obstruction of inspectors, etc. PART XNATIONAL STEERING COMMITTEE ON OLDER PERSONS AND NATIONAL TECHNICAL SUB-COMMITTEE ON OLDER PERSONS 49. Establishment and composition of the National Steering Committee on Older Persons 50. Tenure of office and vacancies 51. Co-opted persons 52. Chairperson and Vice-Chairperson of the National Steering Committee 53. Functions of the National Steering Committee 54. Powers of the National Steering Committee 55. Meetings of the National Steering Committee 56. Establishment and composition of the National Technical Sub-Committee on Older Persons 57. Functions of the Technical Sub-Committee 58. Sub-committees 59. Personal attendance of meetings 60. Disclosure of interest 61. Allowances and expenses of members of the National Steering Committee and the Technical Sub-Committee 62. Secretariat PART XIADMINISTRATION 63. Implementation and monitoring of programmes 64. Director for Elderly Affairs 65. Duties and Powers of the Director PART XIIMISCELLANEOUS 66. Oath of secrecy 67. Protection from personal liability 68. Annual reports 69. Offences and penalties 70. Regulations SCHEDULE 21 of 2024G.N. 60/2024 An Act to provide for the status, well-being, safety and security of older persons through the promotion and protection of their rights; and to provide for connected and incidental matters PART IPRELIMINARY 1. Short title This Act may be cited as the Older Persons Act. 2. Interpretation In this Act, unless the context otherwise requires— “abuse” means any conduct contemplated in section 23; “beneficiary” means a recipient of an older person’s grant under Part IV; “care” means physical, psychological, social or material assistance to an older person, and includes services aimed at promoting the quality of life and general well-being of an older person; “caregiver” means any person who provides care; “community-based care and support services” means any programme provided for under section 25; “Director” means the Director of Elderly Affairs appointed under section 64; “frail older person” means an older person in need of continuous care due to a physical or mental condition which renders him incapable of caring for himself; “health care provider” means a person registered under the Medical Practitioners and Dentists Act; “home-based care” means care provided or services rendered at the place where a frail older person resides, other than at a residential facility, by a caregiver in order to maintain maximum level of comfort of a frail older person, including care towards a dignified death; “inspector” means a person appointed or designated as an inspector under section 46; “manager” means the person responsible for the day-to-day management of a residential facility; “National Steering Committee” means the National Steering Committee on Older Persons established under section 49; “older person” means a person who is sixty years of age or older; “operator” means a person who operates a residential facility; “rehabilitation” means a process by…

CHAPTER 6:06INTERNATIONAL ARBITRATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Objectives 4. Limited application of Arbitration Act 5. Act to bind the Government and the Republic PART IIINTERNATIONAL COMMERCIAL ARBITRATION 6. Model Law to have force of law 7. Matters subject to international commercial arbitration 8. Interpretation of Model Law 9. Immunity of arbitrators, arbitral tribunals, etc. 10. Consolidation of arbitral proceedings and concurrent hearings 11. Confidentiality of arbitral proceedings 12. Right to mediation 13. Application of UNCITRAL Mediation Rules PART IIIRECOGNITION AND ENFORCEMENT OF ARBITRATION AGREEMENTS AND FOREIGN ARBITRAL AWARDS 14. Definitions 15. Determination of juridical seat of arbitration 16. Recognition and enforcement of arbitration agreements and foreign arbitral awards 17. Evidence to be produced by party seeking recognition or enforcement 18. Refusal of recognition or enforcement 19. Savings PART IVTRANSITIONAL 20. Transitional FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 7 of 2024G.N. 51/2024 An Act to provide for international commercial arbitration based on the Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law; give effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 and matters connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the International Arbitration Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “arbitration agreement” means an arbitration agreement referred to in article 7 of the Model Law; “arbitral tribunal” means a sole arbitrator, panel of arbitrators or permanent arbitral institution and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to, or adopted, by the parties to the arbitration agreement, including rules of arbitration of an institution or organization; “award” means a decision of an arbitral tribunal on the substance of a dispute and includes any interim, interlocutory or partial award, but does not include a direction of an arbitrator; “Model Law” means the Model Law on International Commercial Arbitration adopted on 21st June, 1985 by the United Nations Commission on International Trade Law (UNCITRAL) and as amended by the Commission, on 7 July 2006; “mediation” includes conciliation; and “party” means a party to an arbitration agreement or, in a case where an arbitration does not involve all of the parties to the arbitration agreement, a party to the arbitration. (2) Unless the context otherwise requires and except so far as the contrary intention appears in this Act, a word or expression used in this Act bears the same meaning as it has in the Model Law. 3. Objectives The objectives of this Act are to— (a) facilitate the use of arbitration as a method of resolution of international commercial disputes; (b) adopt the Model Law for use in the resolution of international commercial disputes; (c) provide for the recognition and enforcement of certain arbitration agreements and arbitral awards; and (d) give effect to the obligations of the Republic under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. 4. Limited application of Arbitration Act The Arbitration Act shall not apply to an arbitration agreement, arbitral award or reference to arbitration covered by this Act, except for arbitral agreements or foreign arbitral awards that are not enforceable under where Part III. 5. Act to bind the Government and the Republic Act to bind the Government and the Republic (1) This Act shall bind the Government and the Republic and shall apply to any international commercial arbitration under an arbitration agreement to which the Government or the Republic is a party. (2) This Act shall not apply to an arbitration agreement between the Republic and— (a) the government of a foreign country; or (b) any undertaking or corporation which is wholly owned by, or is under the sole control of, the government of a foreign country, unless otherwise agreed between the Republic and that undertaking or corporation. PART IIINTERNATIONAL COMMERCIAL ARBITRATION 6. Model Law to have force of law The Model Law, the text of which is set out in the First Schedule, shall have the force of law in the Republic, subject to the Constitution and this Act. 7. Matters subject to international commercial arbitration (1) For purposes of this Part, an international commercial dispute which the parties have agreed to submit to arbitration under an arbitration agreement and which relates to a matter which the parties are entitled to dispose of by agreement may be determined by arbitration, unless— (a) the dispute is not capable of determination by arbitration under any written law; or (b) the arbitration agreement is contrary to public policy in Malawi. (2) Arbitration shall not be excluded solely on the ground that a written law confers jurisdiction on a court or other tribunal to determine a matter falling within the terms of an arbitration agreement. 8. Interpretation of Model…

CHAPTER 48:09COMPETITION AND FAIR TRADING ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IITHE COMPETITION AND FAIR TRADING COMMISSION 4. Establishment of the Commission 5. Functions of the Commission 6. Powers of the Commission 7. Membership of the Commission 8. Tenure of office and vacancies 9. Removal from office 10. Meetings of the Commission 11. Committees of the Commission 12. Invited persons 13. Allowances and expenses 14. Secretariat of the Commission 15. Chief Executive Officer of the Commission 16. Removal of the Chief Executive Officer 17. Other employees of the Commission PART IIIFINANCIAL PROVISIONS 18. Funds of the Commission 19. Levy 20. Accounts and audits PART IVGENERAL POWERS OF THE COMMISSION 21. Powers of investigation 22. Administrative orders 23. Interim measures PART VANTI-COMPETITIVE BUSINESS CONDUCT 24. Prohibition of anti-competitive trade practices 25. Defences observed for anti-competitive agreements 26. Prohibited activities 27. Prohibition of agreements between enterprises at the same level of production and supply 28. Prohibition of abuse of dominance 29. Defences observed for abuse of dominance 30. Grant of authorizations 31. Abuse of buyer power 32. Remedies and decisions of the Commission for anti-competitive conduct 33. Advisory opinion 34. Market studies and market inquiries PART VIREVIEW AND CONTROL OF MERGERS 35. Merger defined 36. Transactions subject to merger control 37. Mergers to require formal approval 38. Acquisition of control defined 39. Acquisition of relevant assets defined 40. Threshold for proposed mergers 41. Assessment criteria for mergers 42. Public interest assessment 43. Formal approval of a merger 44. Commission action in relation to reviewed mergers 45. Prior implementation of a merger 46. Failure to file for formal approval, or prior implementation, of a merger 47. Proposals and measures for remedying a merger 48. Action in relation to abandoned mergers 49. Revocation of approval 50. Negative clearance PART VIIUNFAIR TRADING PRACTICES 51. Unfair trading 52. Unfair consumer contracts 53. Procedures and remedies for unfair trading practices PART VIIIPOWERS OF THE COURT 54. Civil remedies 55. Enforcement of orders of the Commission 56. Appeals 57. Third Party liability PART IXSETTLEMENT OF INFRINGEMENTS AND LENIENCY PROGRAMMES 58. Settlement of an infringement 59. Leniency programme PART XCROSS-BORDER COOPERATION 60. Form of cooperation with multilateral or regional competition or consumer authorities 61. Enforceability of the decisions of the multilateral or regional competition or consumer authority 62. Cooperation with other States 63. Definitions PART XIMISCELLANEOUS 64. Annual reports 65. Common seal 66. Disclosure of interests 67. Oath of secrecy 68. Confidentiality 69. Protection of Commissioners and employees of the Commission 70. Offences and penalties 71. Offences committed by bodies corporate 72. Limitation of time 73. Regulations, guidelines, notices and forms 74. Government to be bound 75. Repeal and savings 76. Transitional matters SCHEDULE 20 of 2024G.N. 43/2024 An Act to encourage competition in the economy by prohibiting anti-competitive trade practices; establish the Competition and Fair Trading Commission; regulate and monitor monopolies and concentrations of economic power; protect consumer welfare; strengthen the efficiency of production and distribution of goods, digital products and services; to secure the best possible conditions for the freedom of trade; facilitate the expansion of the base of entrepreneurship; and to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Competition and Fair Trading Act. 2. Interpretation In this Act, unless the context otherwise requires— “affiliated” means an association of any two enterprises where— (a) one of the enterprises is a holding entity of the other enterprise; or (b) both enterprises are subsidiaries of the same holding entity; “agreement” includes any agreement, arrangement or understanding, whether oral or in writing, or whether or not the agreement is legally enforceable or is intended to be legally enforceable; “annual income” means the total amount in cash or otherwise, including any capital gain, received by or accrued to, or in favour of, a person or an enterprise in any year, from a source within Malawi or deemed to be within Malawi; “buyer power” means the influence exerted by an undertaking or group of undertakings in the position of a purchaser of a product or service to— (a) obtain from a supplier more favourable terms; or (b) impose a long-term opportunity cost including harm or withheld benefit, which, if carried out, would be significantly disproportionate to any resulting long-term cost to the undertaking or group of undertakings; “Chairperson” means the Chairperson of the Commission appointed pursuant to section 7 (2); “Chief Executive Officer” means the Chief Executive Officer of the Commission appointed pursuant to section 15; “Commission” means the Competition and Fair Trading Commission established under section 4; “Commissioner” means a member of the Commission appointed under to section 7; “Committee” means a Committee of the Commission established under section 11; “complaint” means any reporting of information concerning an alleged prohibited,…

CHAPTER 61:01MINES AND MINERALS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Objective of the Act 4. Ownership of minerals PART IIMINING AND MINERALS REGULATORY AUTHORITY Division 1Establishment of Mining and Minerals Regulatory Authority 5. Establishment of the Authority 6. Functions of the Authority 7. Powers of the Authority 8. Composition of the Authority 9. Chairperson and Vice-Chairperson of the Authority 10. Tenure of office 11. Vacancies 12. Meetings of the Authority 13. Committees of the Authority 14. Co-opted persons 15. Honoraria of members of the Authority Division 2Administration 16. Secretariat 17. Director General of the Authority 18. Duties and responsibilities of the Director General 19. Tenure of office of the Director General 20. Removal of the Director General 21. Other staff of the Authority 22. Dismissal of staff of the Authority Division 3Funds and Property of the Authority 23. Funds of the Authority 24. Levy 25. Accounting and audit 26. Financial year of the Authority PART IIIINSPECTION, GEOLOGICAL SURVEYS AND THE REGISTER Division 1Inspection of Mining Activities 27. Appointment of inspectors 28. Functions and powers of inspectors 29. Emergency suspension order Division 2Registration of Mineral Tenements 30. Register of mineral tenement applications and mineral tenements 31. Registration of grantees of mineral tenements 32. Public access to the Register 33. Mistakes in records of the Register 34. Liability for making false entries in the Register PART IVMINERAL TENEMENTS Division 1General 35. Mineral tenement or artisanal mining permit required 36. Types of mineral tenements and artisanal mining permit 37. Obtaining a mineral tenement 38. Mineral tenement activities subject to other written laws 39. Certificates 40. Authority may require report from tenement holder 41. Submission and ownership of reports, data and information 42. Obligation of holder of terminated mineral tenement 43. Preservation of cores 44. Registered addresses 45. Attachment Division 2Direct Application Process for Grant, Extension or Consolidation of Mineral Tenement 46. Preliminary examination of mineral tenement related applications 47. Duties of the Authority where preliminary examination shows that requirements are not met 48. Duties of the Authority where preliminary examination shows that requirements are met 49. Priority of application 50. Granting process for non-exclusive prospecting, reconnaissance, small-scale mining licences and approval of tenement extensions 51. Granting process for exploration, retention, medium-scale and large-scale mining licences 52. Application notices 53. Objections to grant of medium-scale or large-scale mining licence 54. Authority to register licence grant, extension, expansion or application refusal Division 3Mineral Tenement Tendering Process 55. Temporary reservation for tendering purposes 56. Competitive tender process for mineral tenement 57. Offence to unduly influence a competitive tender Division 4Transfer and Creation of Legal Interests 58. Transfer without approval has no force or effect 59. Application to transfer a mineral tenement 60. Legal or equitable mineral tenement interest only by written consent 61. Legal or equitable interest instrument to be registered 62. Liability of holder 63. Change in control requires notification Division 5Consolidation of Mineral Tenements 64. Application of this Division 65. Tenement types which cannot be consolidated 66. Application for mining licence consolidation 67. Grant of a consolidated mining licence 68. Term of a consolidated mining licence 69. Maximum area of a consolidated mining licence 70. Shape of area of consolidated mining licence 71. Effect of consolidation Division 6Surrender of Mineral Tenements 72. Application of this Division 73. Application for surrender 74. Restrictions on surrender of mining licence area 75. Duties of the Authority on application to surrender 76. Effect of certificate of surrender 77. Rights of holder on surrender 78. Obligation to mark boundaries after partial surrender of mineral tenement area Division 7Suspension, cancellation and expiry of a tenement 79. Suspension or cancellation of mineral tenement 80. Duties of the Authority on cancellation of mineral tenement 81. Duties of the Authority on expiry of a mineral tenement 82. Effect of cancellation or expiry on rights and liabilities Division 8Removal of Property 83. Removal of property from expired, abandoned, surrendered, cancelled mineral tenement area 84. Refusal to remove property 85. Consequences of failure to remove property 86. Deduction of proceeds for failure to remove property 87. Property removal costs incurred by Authority 88. Penalty for obstructing efforts to remove property PART VNON-EXCLUSIVE PROSPECTING LICENCE 89. Eligibility for non-exclusive prospecting permit 90. Application for non-exclusive prospecting licence 91. Term of non-exclusive prospecting licence 92. Extension of non-exclusive prospecting licence term 93. Size and shape of non-exclusive prospecting licence area 94. Mineral tenement area is excised from non-exclusive prospecting licence area 95. Rights of non-exclusive prospecting licence holder 96. Obligations of non-exclusive prospecting licence holder 97. Non-exclusive prospecting licence reporting obligation 98. Transfer of non-exclusive prospecting licence PART VIRECONNAISSANCE LICENCE 99. Eligibility for reconnaissance licence 100. Application for a reconnaissance licence 101. Reconnaissance work programme 102. Term of reconnaissance licence 103. Extension of reconnaissance licence term 104. Size and shape of…

CHAPTER 74:04DATA PROTECTION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IIADMINISTRATION 4. Designation of Data Protection Authority 5. Functions of the Authority 6. Powers of the Authority 7. Advisory committees PART IIIPRINCIPLES RELATING TO THE PROCESSING OF PERSONAL DATA 8. Personal data to be processed lawfully, fairly, etc. 9. Purpose limitation 10. Data minimization 11. Data accuracy 12. Storage limitation 13. Data integrity and data confidentiality 14. Principles for determining the validity of consent 15. Provision of information to a data subject 16. Processing of sensitive personal data 17. Processing personal data of children and other legally incapacitated persons 18. Processing of personal data relating to criminal offences, convictions, etc. PART IVRIGHTS OF A DATA SUBJECT 19. Right to access personal data 20. Right to data portability 21. Right to rectification of personal data 22. Right to erasure of personal data 23. Right to restriction of processing personal data 24. Right to object 25. Automated decision-making 26. Derogations PART VDUTIES OF A DATA CONTROLLER AND DATA PROCESSOR 27. Adherence to data protection principles 28. Technical and organizational measures 29. Record of personal data processing activities 30. Data protection impact assessment 31. Joint data controllers 32. Regulation of the relationship between data controllers and data processors 33. Designation of a data protection officer 34. Duties of a data protection officer PART VIDATA SECURITY 35. Security of personal data 36. Notification of personal data breach 37. Communication of personal data breach to data subjects PART VIICROSS-BORDER TRANSFERS OF PERSONAL DATA 38. Cross-border transfer of personal data 39. Adequacy of protection of personal data 40. Binding corporate rules, certification mechanisms, etc. PART VIIIREGISTRATION OF DATA CONTROLLERS OF SIGNIFICANT IMPORTANCE AND DATA PROCESSORS OF SIGNIFICANT IMPORTANCE 41. Registration of data controllers of significant importance and data processors of significant importance 42. Suspension or cancellation of registration 43. Exemptions PART IXCOMPLAINTS 44. Complaints 45. Compliance orders PART XMISCELLANEOUS 46. Appeal against decisions of the Authority 47. Civil remedies 48. Obstruction, interference with the Authority 49. Breach of confidentiality 50. Offences committed by legal persons, firms, etc. 51. Vicarious liability 52. Regulations 53. Transitional provision 3 of 2024G.N. 40/2024 An Act to provide for the protection of personal data of natural persons; the regulation of the processing and movement of personal data of natural persons; the rights of natural persons with respect to the processing of personal data; the obligations of data controllers and data processors; the designation of a Data Protection Authority; and matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Data Protection Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Malawi Communications Regulatory Authority established under section 4 of the Communications Act; “binding corporate rules” means personal data protection policies which are adhered to by a data controller or data processor or a group of data controllers or data processors engaged in joint economic activity, for a transfer or a set of transfers of personal data to a data controller or data processor outside Malawi; “biometric data” means personal data resulting from technical processing relating to the physical, physiological or behavioural characteristics of a natural person which confirms the unique identification of that person, and includes, a physical measurement, facial image, blood type, fingerprint, retinal scan, voice recognition and deoxyribonucleic acid analysis; “certification mechanism” means certification of personal data protection policies and procedures in accordance with internationally recognized standards, by an official authority or professional third-party entity; “child” means a person below the age of eighteen years; “consent” means specific, informed and unambiguous agreement or approval by a natural person, given freely, in writing, orally or by any affirmative action, to a data controller or data processor to process personal data relating to that person or to another natural person on whose behalf the person has the authority to provide the consent; “data controller” means a natural or legal person who, alone or jointly with another natural or legal person, determines the purpose and means of processing personal data; “data controller of significant importance” means a data controller who— (a) is domiciled, ordinarily resident, or ordinarily operates in Malawi and processes or intends to process personal data of more than ten thousand data subjects who are resident in Malawi; or (b) processes or intends to process personal data of significance to the economy, society or security of Malawi; “data processor” means a natural or legal person who processes personal data on behalf of a data controller; “data processor of significant importance” means a data processor who— (a) is domiciled, ordinarily resident, or ordinarily operates in Malawi and processes or intends to process personal data of more than ten thousand data subjects who are resident in Malawi; or (b) processes or intends to process personal…

CHAPTER 33:06PERSONS WITH DISABILITIES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIMALAWI COUNCIL FOR DISABILITY AFFAIRS 3. Establishment of Malawi Council for Disability Affairs 4. Functions of the Council 5. Powers of the Council 6. Composition of the Council 7. Tenure of office and vacancies 8. Meetings of the Council 9. Committees of the Council 10. Disclosure of interest 11. Allowances and expenses 12. Common seal PART IIIADMINISTRATION 13. Secretariat 14. Director General 15. Duties of the Director General 16. Removal of Director General 17. Other employees of the Council PART IVFUNDS AND PROPERTY OF THE COUNCIL 18. Funds and property of the Council 19. Accounting and audit 20. Establishment and management of the Disability Trust Fund PART VREGISTRATION OF PERSONS WITH DISABILITIES AND INSTITUTIONS, ASSOCIATIONS AND ORGANIZATIONS IMPLEMENTING DISABILITY PROGRAMMES 21. Registration of persons with disabilities 22. Registration of institutions, associations, etc., implementing disability programmes PART VIRIGHTS OF PERSONS WITH DISABILITIES 23. Respect, promotion and protection of fundamental rights and freedoms of persons with disabilities 24. Prohibition of inhuman and degrading treatment 25. Health care and rehabilitation services 26. Education and training 27. Work and employment 28. Access to a physical environment 29. Provision of parking space and access to public transport 30. Access to information, communication and technology 31. Adequate standard of living 32. Access to justice 33. Participation in political and public life 34. Cultural, sporting and recreational services 35. Economic activity 36. Research PART VIIENFORCEMENT 37. Complaints 38. Compliance orders PART VIIIMISCELLANEOUS 39. Incentives to local manufacturers 40. Power to inspect 41. Civil remedies 42. Offences and penalties 43. Oath of secrecy 44. Protection from liability 45. Annual reports 46. Regulations PART IXTRANSITIONAL PROVISIONS 47. Repeal and savings 48. Transfer of assets and liabilities 49. Transfer of licences 50. Legal proceedings 51. Transfer of employees SCHEDULE 4 of 2024G.N. 18/2024 An Act to provide for the promotion and protection of the fundamental rights and freedoms of persons with disabilities; obligations of duty bearers in the promotion and protection of rights of persons with disabilities; a simplified and cost-effective mechanism for redress in cases of a breach of the fundamental rights and freedoms of persons with disabilities; the establishment of the Malawi Council for Disability Affairs; the establishment of the Disability Trust Fund; the registration of persons with disabilities, institutions, associations and organizations implementing disability programmes; the repeal of the Handicapped Persons Act and the Disability Act and matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Persons with Disabilities Act. 2. Interpretation In this Act, unless the context otherwise requires— “assistive products” means appropriate aids, appliances, technologies or other support systems that facilitate the better functioning of persons with disabilities; “Chairperson” means the Chairperson of the Council appointed under section 6 (1) (a); “communication” means disseminating information to a person with disabilities using a means or format that makes the information accessible and comprehensible to the person and includes the use of languages, display of text, braille, tactile communication, sign language, signs, large print, accessible multimedia whether in written, audio or plain language, human-reader in augmentative or alternative modes, formats of communication; “compliance order” means an order issued by the Council under section 39; “Council” means the Malawi Council for Disability Affairs established under section 3; “disability” means a long-term physical, mental, psycho-social, intellectual, neurological, developmental or other sensory impairment which in interaction with various barriers may hinder full and effective participation in society of a person on an equal basis with others; “discriminate” means to accord different treatment to a person solely or mainly on the basis of a disability of the person, and includes using words, gestures or caricatures that demean, scandalize or embarrass a person with a disability; “reasonable accommodation” means the provision of necessary and appropriate facilities including modifications and adjustments, where necessary, to ensure persons with disabilities effective enjoyment or exercise of their fundamental rights and freedoms, on an equal basis with others; “rehabilitation” means inpatient or outpatient health care services such as physical therapy, occupational therapy, speech-language pathology and psychiatric rehabilitation services that help a person with disabilities to keep, restore or improve skills and functioning for daily living; “universal design” means a design of a building that makes the building usable by all persons, to the greatest extent possible, without the need for adaptation, and includes accommodation for the use of assistive products; and “Vice-Chairperson” means the Vice-Chairperson of the Council appointed pursuant to section 6 (1) (a). PART IIMALAWI COUNCIL FOR DISABILITY AFFAIRS 3. Establishment of Malawi Council for Disability Affairs (1) There is hereby established the Malawi Council for Disability Affairs (in this Act otherwise referred to as the “Council”). (2) The Council shall be a body corporate with perpetual succession and a common seal and…

CHAPTER 65:02TOBACCO INDUSTRY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE TOBACCO COMMISSION 3. Establishment of the Tobacco Commission 4. Functions of the Commission 5. Powers of the Commission 6. Composition of the Commission 7. Tenure and vacancies 8. Meetings of the Commission 9. Committees of the Commission 10. Personal attendance of meetings 11. Disclosure of interest 12. Allowances and expenses PART IIIADMINISTRATION 13. Secretariat 14. Appointment of the Chief Executive Officer 15. Duties and responsibilities of the Chief Executive Officer 16. Tenure and removal of the Chief Executive Officer 17. Other members of staff of the Commission PART IVFUNDS AND PROPERTY OF THE COMMISSION 18. Funds and property of the Commission 19. Accounting and audit 20. Financial year of the Commission PART VREGISTRATION, LICENSING AND DUTIES OF GROWERS 21. Registration of growers 22. Registration numbers and production quotas 23. Licensing of growers 24. Production of certificate of registration 25. Grower reporting obligations at the beginning of growing season 26. Certificate of compliance PART VIBUYERS 27. Registration of buyers 28. Licensing of buyers PART VIICONTRACT AND NON-CONTRACT FARMING 29. Contract farming 30. Minimum terms under contracts 31. Register of contracts 32. Non-contract farming PART VIIIGROWERS’ ASSOCIATIONS 33. Growers’ association 34. Registration of growers’ associations 35. Licensing of growers’ associations 36. Membership of growers’ associations 37. Growers’ association to represent its members PART IXPRODUCTION QUOTA AND EXCESS TOBACCO 38. Allocation of production quota 39. Regulation of excess tobacco PART XHESSIAN SCHEME 40. Registration of hessian scheme 41. Licensing of hessian scheme 42. Membership of hessian scheme 43. Hessian charges 44. Hessian returns 45. Hessian inspectors 46. Collection of hessian for non-hessian scheme members PART XITRANSPORTERS 47. Transporters to be registered and licensed 48. Registration of transporters 49. Licensing of transporters 50. Transport rates PART XIITRANSPORTERS’ ASSOCIATIONS 51. Transporters’ associations 52. Registration of transporters’ associations 53. Licensing of transporters’ associations PART XIIICOMMERCIAL GRADERS 54. Registration of commercial graders 55. Licensing of commercial graders 56. Commercial grading premises to be licensed 57. Commercial grading rates 58. Grading inspectors 59. Labelling of graded tobacco PART XIVTOBACCO FLOOR 60. Tobacco floor operator to be registered 61. Tariff for a tobacco floor operator 62. Tobacco floor licensing 63. Inspection of tobacco floors PART XVSALE OF TOBACCO 64. Allocation of delivery quota 65. Regulation of excess delivery quota 66. Transportation of tobacco under contract farming 67. Delivery of tobacco by a grower to tobacco floor 68. Marking of registration number on a bale 69. Tobacco minimum prices 70. Classification and pricing of tobacco 71. Supervision, suspension and prohibition of sales on a tobacco floor 72. Opening of tobacco floors 73. Selling of tobacco 74. Sale of imported tobacco 75. Sale of tobacco grown in previous growing season 76. Buying of tobacco 77. Deductions from and payment for purchase price of tobacco 78. Prohibition for buying below set minimum prices 79. Mediation during sale of tobacco 80. Disposal of unsold tobacco PART XVITOBACCO PROCESSING, IMPORT AND EXPORT 81. Registration of tobacco processors 82. Licensing of tobacco processors 83. Exportation of tobacco or processed tobacco 84. Importation of tobacco PART XVIITOBACCO PLANTS AND STALKS 85. Tobacco plants and stalks to be uprooted and disposed PART XVIIIRESEARCH AND EXTENSION IN TOBACCO 86. Designation of tobacco research institution 87. Tobacco extension services PART XIXMANUFACTURER 88. Registration of manufacturers 89. Licensing of manufacturers 90. Inspection 91. Packaging and labelling PART XXAPPEALS PANEL 92. Establishment of the Appeals Panel 93. Procedure of the Appeals Panel 94. Decisions of the Appeals Panel PART XXIOFFENCES AND PENALTIES 95. Growing tobacco without registration and licence 96. Prohibition against sale of tobacco 97. Prohibition against processing, importing and exporting of tobacco without a licence or permit 98. Prohibition against obstruction, etc.; of officers of the Commission 99. Prohibition against making false statements 100. Transportation of tobacco 101. Operation of a hessian scheme 102. Failure to uproot tobacco plants and stalks 103. General penalty 104. Offences by body corporates PART XXIIMISCELLANEOUS 105. The Commission’s number 106. Validity of decisions and acts of the Commission 107. Annual reports 108. Oath of secrecy 109. Protection from liability 110. Power of entry and production of documents 111. Confidentiality of returns 112. Registration certificate, licence or permit not transferable 113. Validity of licences 114. Power to cancel certificate; suspend, vary or revoke a licence or permit 115. Right of aggrieved party to review or appeal the decision of the Minister 116. Display of licence 117. Sale of tobacco and nicotine products 118. Smoking in public places 119. Advertisement of tobacco and nicotine products 120. Cess, levies and charges 121. Regulatory orders and sanctions 122. Regulations 123. Repeal and savings 124. Transfer of assets and liabilities 125. Transitional provision 126. Legal proceedings 127. Transfer of employees SCHEDULE 5 of 2024G.N. 21/2024 An Act to provide for the establishment…

CHAPTER 67:01FERTILIZER ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIMALAWI FERTILIZER REGULATORY AUTHORITY 3. Establishment of the Malawi Fertilizer Regulatory Authority 4. Functions of the Authority 5. Powers of the Authority 6. Composition of the Authority 7. Tenure of office and vacancies 8. Meetings of the Authority 9. Committees of the Authority 10. Personal attendance of meetings 11. Disclosure of Interest 12. Allowances and Expenses PART IIIADMINISTRATION 13. Secretariat 14. Appointment of Director General 15. Duties and responsibilities of the Director General 16. Removal of the Director General 17. Other staff of the Authority PART IVFUNDS AND PROPERTY OF THE AUTHORITY 18. Funds and property of the Authority 19. Accounting and Audit 20. Financial year of the Authority 21. Annual Reports PART VREGISTRATION OF FERTILIZERS 22. Registration of fertilizer approved for use 23. Application for registration of fertilizer 24. Exemption from registration requirement PART VIFERTILIZER MANUFACTURING AND BLENDING 25. Fertilizer manufacturing or production 26. Blending of fertilizer 27. Fertilizer testing laboratories 28. Laboratory analysis report and certificate 29. Fertilizer analysis 30. Fertilizer testing guidelines 31. Fertilizer efficacy field evaluation trials PART VIIDISTRIBUTION OF FERTILIZER 32. Distribution of fertilizer 33. Registration of fertilizer distributors 34. Licensing of fertilizer distribution premises 35. Packaging and labelling of fertilizer PART VIIIIMPORTATION AND EXPORTATION OF FERTILIZER 36. Restriction on importation and exportation of fertilizer 37. Importation and exportation of fertilizer and fertilizer raw materials 38. Conditions for importation of fertilizer 39. Importation of fertilizer samples 40. Conditions for exportation of fertilizer PART IXAPPEALS PANEL 41. Establishment of Appeals Panel 42. Procedure of Appeals Panel 43. Decision of the Appeals Panel PART XOFFENCES AND PENALTIES 44. Prohibition against production or distribution of misbranded, harmful or adulterated fertilizer 45. Prohibition against repackaging expired fertilizer 46. Prohibition against tampering with fertilizer samples 47. Prohibition against altering, defacing or removing official records, etc. 48. Prohibition against altering, defacing etc., other documents and labels 49. Prohibition against testing fertilizer in a place other than a fertilizer testing laboratory 50. Prohibition against obstruction, etc.; of officer of the Authority 51. Breach of confidentiality 52. General penalty 53. Forfeiture and disposal of items used in commission of offence 54. Offences by body corporates PART XIMISCELLANEOUS 55. Confidentiality 56. Oath of secrecy 57. Protection from liability 58. Restriction on engagement in fertilizer business 59. Common seal 60. Power to search and seize goods 61. Regulatory orders and sanctions 62. Duty to keep records 63. Duty to surrender revoked certificate, licence or permit 64. Registration licence or permit not transferable 65. Cessation of operations or activity 66. Regulations SCHEDULE 13 of 2023G.N. 20/2024 An Act to provide for the establishment of the Malawi Fertilizer Regulatory Authority; regulate the registration of fertilizers approved for use in Malawi; regulate the manufacturing, production, blending, distribution, importation and exportation of fertilizer; and provide for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Fertilizer Act. 2. Interpretation In this Act, unless the context otherwise requires— “analyst” means a person registered and licensed as an analyst pursuant to section 29; “Appeals Panel” means an Appeals Panel established under section 41; “Authority” means the Malawi Fertilizer Regulatory Authority established under section 3; “blending” means the process of mixing different fertilizer compounds in appropriate proportions to produce a composite fertilizer; “Chairperson” means the Chairperson of the Authority appointed under section 6; “Director General” means the Director General of the Authority appointed under section 14; “distribute” means make available to the public and includes offer or keep for sale, donate, move stock from one location to another and make available for purposes of distribution; “fertilizer” means any substance, other than manure, wood ash, town refuse or night soil in their original form, that is intended to improve or maintain the growth of plants or improve soil productivity and includes liquid and bio substances; “fertilizer blender” means a person registered as a fertilizer blender under section 26; “fertilizer container” includes a bag, barrel, case, tin, package or any other receptacle in which fertilizer is stored or packaged; “fertilizer manufacturer” means a person registered as a fertilizer manufacturer under section 25; “Fertilizer Register” means a fertilizer register maintained under section 22; “fertilizer testing laboratory” means a fertilizer testing laboratory established or accredited under section 27; “label” means any tag, brand mark, pictorial or other descriptive matter written, printed, stenciled, marked, embossed or impressed on, or attached to, a fertilizer container; “owner” includes a person having the possession, custody or control of fertilizer, equipment or any item or thing, for the time being; “plant nutrient” means a chemical element in fertilizer that is recognized as essential for plant growth; and “sample” means a sample of fertilizer taken from a fertilizer lot for analysis; PART IIMALAWI FERTILIZER REGULATORY AUTHORITY 3. Establishment of the Malawi Fertilizer…

CHAPTER 67:06SEED ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIMALAWI SEED REGULATORY AUTHORITY 3. Establishment of the Malawi Seed Regulatory Authority 4. Functions of the Authority 5. Composition of the Authority 6. Tenure of office and vacancies 7. Meetings of the Authority 8. Committees of the Authority 9. Allowances and expenses 10. Independence of the Authority 11. Director General 12. Removal of a Director General 13. Other staff of the Authority 14. Oath of secrecy 15. Disclosure of interest 16. Protection from liability 17. Common seal 18. Annual reports PART IIIFUNDS AND PROPERTY OF THE AUTHORITY 19. Funds and property of the Authority 20. Accounting and audit PART IVCROP VARIETY RELEASE AND REGISTRATION 21. Crop Variety Release and Registration Committee 22. Composition of the Committee 23. National Crop Variety Catalogue 24. Crop variety registration requirements 25. Withdrawal of a crop variety from the National Crop Variety Catalogue 26. Crop variety database PART VCERTIFIED SEED 27. Seed certification scheme 28. Seed testing laboratories 29. Seed inspectors, samplers and analysts 30. Crop variety and class of seed for production of certified seed 31. Certification of seed 32. Registration of seed producers 33. Cancellation or suspension of registration 34. Inspection 35. Seed sample to be tested for certification 36. Testing of seed samples PART VIPROCESSING AND SALE OF SEED 37. Processing of seed 38. Reporting obligations and inspection 39. Packaging of certified seed 40. Sale of seed by seed producer 41. Sale of certified seed by seed seller 42. Registration of seed sellers 43. Licensing of certified seed selling premises PART VIIIMPORTATION AND EXPORTATION OF SEED 44. Restriction on importation and exportation of seed 45. Importation and exportation of seed 46. Conditions for importation of certified seed 47. Importation of seed samples 48. Testing requirement for seed imported from some countries PART VIIIAPPEALS PANEL 49. Establishment of Appeals Panel 50. Procedure of the Appeals Panel 51. Decisions of the Appeals Panel PART IXOFFENCES AND PENALTIES 52. Prohibition against tampering with samples and seed lots 53. Prohibition against altering, defacing or removing official records, etc. 54. Prohibition against altering, defacing, etc.; other documents and labels 55. Prohibition of sale of uncertified seed, etc. 56. Prohibition against testing seed in a place other than a seed testing laboratory 57. Prohibition against obstruction, etc., of seed inspector or seed sampler, etc. 58. Prohibition against sale of certified seed under name other than varietal name 59. Breach of confidentiality 60. General penalty 61. Forfeiture and disposal of items used in commission of offence 62. Offences by body corporates PART XMISCELLANEOUS 63. Power to search and seize goods 64. Duty to keep records 65. Duty to surrender revoked registration certificate or licence 66. Inspection of registers 67. Regulations 68. Repeal and savings SCHEDULE 21 of 2022G.N. 19/2024 An Act to regulate the release and registration of crop varieties in Malawi; regulate the production, processing, certification and sale of certified seed and importation and exportation of seed; provide for the establishment of the Malawi Seed Regulatory Authority; and matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Seed Act. 2. Interpretation In this Act, unless the context otherwise requires— “Appeals Panel” means an Appeals Panel appointed under section 49 (1); “Authority” means the Malawi Seed Regulatory Authority established under section 3; “certified seed” means any seed which is certified under section 31; “Chairperson” means the Chairperson of the Authority appointed under section 5; “crop variety” means a plant grouping within a single botanical taxon of the lowest known rank, which can be— (a) defined by the expression of the characteristics resulting from a given genotype of that plant grouping; (b) distinguished from other plant grouping by expression of at least one of its genotype characters; and (c) considered as a unit with regard to its suitability for being propagated, which remains unchanged after the propagation; “Crop Variety Release and Registration Committee” means the Crop Variety Release and Registration Committee established under section 21; “Director General” means the Director General of the Authority appointed under section 11; “genetically modified organism” has the meaning ascribed to that term under the Biosafety Act; “imported certified seed” means imported seed which is certified as Imported Certified Seed under section 31; “label” includes any word, legend, mark, symbol or design applied or attached to, or accompanying seed or a seed container; “National Crop Variety Catalogue” means a catalogue of crop varieties maintained under section 23; “owner” includes a person having the possession, custody or control of seed for the time being; “region” means a regional economic bloc; “seed” means a botanical structure that contains at least one ripened ovule with or without accessory parts and includes any plant or plant part used as a propagation material such as fruit, root, rhizomes, corm, stem,…