Category: Principal Legislation

CHAPTER 44:05FINANCIAL SERVICES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title and application 2. Interpretation 3. Principal object of this Act 4. Subsidiaries, holding companies and related bodies corporate 5. Controlling parties of financial institutions 6. References to obligations where financial institution not a legal person 7. Financial services laws bind Government PART IITHE RESERVE BANK AND THE REGISTRAR Division 1Registrar to Regulate and Supervise Financial Institutions 8. Registrar of Financial Institutions 9. Additional function of Reserve Bank of Malawi 10. Registrar’s objectives 11. Registrar to report financially unsound financial institutions Division 2Financial and Accountability Provisions 12. Funding for supervisory functions 13. Supervisory levies to be prescribed 14. Fees and charges to be prescribed 15. Supervisory levies debt due to Registrar 16. Levies Account 17. Investment of Levies Account surplus 18. Registrar’s annual report Division 3Other Provisions 19. Arrangements with other agencies 20. Delegation PART IIILICENSING AND REGISTRATION OF FINANCIAL INSTITUTIONS Division 1Licensing and Registration Requirements 21. Financial institutions to be licensed or registered Division 2Licensing and Registration Procedures 22. Application of the Division 23. Licensing and registration applications and procedure 24. Notification of a breach of licence or registration conditions 25. Issue and publication of licence 26. Variation, suspension and revocation of licences and registrations on request 27. Variation, suspension and revocation of licences and registrations 28. Exemptions from licensing and registration requirements PART IVCORPORATE GOVERNANCE 29. Board of directors 30. Appointment of executive officers and managers 31. Removal of executive officers or managers 32. Prohibition of self-dealing 33. Related Parties PART VSUPERVISION AND REGULATION OF FINANCIAL INSTITUTIONS Division 1Registrar’s Directives 34. Registrar’s directives Division 2Information, Reports, etc. 35. Directions to licensed or registered institutions to provide information 36. Requirements to provide information 37. Audited statements 38. Exchange of information Division 3Directions 39. Directions to licensed or registered financial institutions 40. Directions not ground for terminating contracts or accelerating debt, etc. Division 4Examinations and Investigations 41. Examiners 42. Investigators 43. Powers and protections of investigators 44. Identity cards Division 5Self-Regulatory Organizations 45. Declaration of Self-Regulatory Organizations 46. Rules by Self-Regulatory Organizations 47. Person affected to be heard 48. Self-Regulatory Organization to inform the Registrar of an appointment of director or executive 49. Declaration of Self-Regulatory Organizations revocable by Registrar 50. Amendment to Self-Regulatory Organization articles 51. Protection for Self-Regulatory Organizations 52. Annual reports by Self-Regulatory Organizations Division 6Controlling Parties of Prudentially Regulated Financial Institutions 53. Limitation on shareholding 54. Controlling parties to require Registrar’s approval PART VIAUDITORS 55. Internal auditor 56. Appointment of an external auditor 57. Auditor to report to Registrar 58. Meetings with Registrar 59. Duties of external auditors to the Registrar 60. Change of external auditors to be approved by Registrar PART VIIREGULATING MARKET PRACTICES OF FINANCIAL INSTITUTIONS 61. Application of Part VII 62. Misleading and deceptive conduct 63. Prohibited practices 64. Disclosure by financial institutions PART VIIIAMALGAMATIONS, TRANSFERS OF BUSINESS, STATUTORY MANAGEMENT AND WINDING-UP OF PRUDENTIALLY REGULATED FINANCIAL INSTITUTIONS Division 1Compromises and Arrangements and Transfers of Business 65. Application of Part VIII 66. Compromises and arrangements 67. Transfer of business Division 2Statutory Management 68. Appointment of statutory managers 69. Statutory managers 70. Legal proceedings against a prudentially regulated financial institution under statutory management 71. Period of statutory management Division 3Winding-Up 72. Winding-up of prudentially regulated financial institutions PART IXENFORCEMENT OF FINANCIAL SERVICES LAWS 73. Enforceable undertakings 74. Compensation for loss from breach of financial services laws 75. Administrative penalties 76. Court Orders 77. Exemptions PART XREVIEW OF DECISIONS Division 1Financial Services Appeals Committee 78. Financial Services Appeals Committee 79. Membership 80. Vacation of office 81. Disclosure of interest 82. Appeals to the Appeals Committee 83. Restriction on altering decisions under review Division 2Conduct of Review Proceedings 84. Notice of, and parties, to review proceedings 85. Procedure 86. Hearings 87. Rights of parties to review proceedings 88. Powers of Appeals Committee 89. Rights of legal practitioners, witnesses, etc. 90. Summons 91. Decisions of Appeals Committee 92. Appeal from decisions of Appeals Committee Division 3Complaints Resolution Schemes 93. Registrar to promote complaint resolution scheme 94. Requirements for complaint resolution schemes PART XIMISCELLANEOUS 95. Advisory bodies 96. Guidelines and bulletins 97. Holding out 98. Indemnity 99. Confidentiality 100. Customer due diligence 101. Offences relating to failure to answer questions 102. Offences relating to misleading answers and information 103. Offences relating to compliance with directions 104. Self-incrimination 105. Offences relating to holding out as licensed person 106. Destroying documents 107. Obstruction 108. Preventing compliance 109. Extension of time 110. Certificate by Registrar 111. Offences by bodies corporate relating to state of mind 112. Offences by bodies corporate relating to liability of directors 113. Penalties for offences by bodies corporate 114. Offences relating to acts done partly outside Malawi 115. Inconsistency with the Companies Act 116. Regulations PART XIITRANSITIONAL AND CONSEQUENTIAL PROVISIONS 117. Transition period CHAPTER 44:05FINANCIAL SERVICES 26…

CHAPTER 44:01BANKING ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application of the Financial Services Act PART IILICENSING OF BANKS 4. Licensing of banks 5. Conditions for licensing of banks 6. Limitation on shareholding 7. Licensing criteria 8. Suspension or revocation of licence 9. Register PART IIIPRUDENTIAL SUPERVISION Division IObligations of Banks 10. Capital funds and minimum capital ratios 11. Directives related to accounting policies of banks and financial institutions 12. Restriction of cash dividends 13. Submission of periodic returns to the Registrar 14. Supervision of banks and financial institutions 15. Exchange of information 16. Appointment of external auditor 17. Duties of external auditors to a bank 18. Requirements on bad debt provisions 19. Records, books of account and information to be kept Division IIStructural Matters and Limitations 20. Prohibited transactions 21. Equity investments privately held by liquidated or divested investor 22. Restricted transactions 23. Matters that may be covered by the Registrar’s directives 24. Restrictions on loans to shareholders, directors, officers, employees and to their relations, etc. 25. Actions requiring prior approval Division IIIEnforcement and Other Remedial Measures 26. Enforcement action by the Registrar 27. Provisions relating to statutory management or closure of banks 28. Registrar to determine action on bank placed under statutory management PART IVWINDING-UP 29. Liquidation or winding-up of a bank 30. Powers of a liquidator 31. Liquidator to report on custodial assets and liabilities 32. Preference of certain claims 33. Financial records, audit and release of liquidator 34. Companies Act applicable in case of winding-up 35. Entries in bank books and evidence of depositor claim 36. Unclaimed funds after winding-up 37. Expenses relating to liquidation PART VMONETARY SUPERVISION 38. Monetary directives 39. Administrative penalty PART VIABANDONED PROPERTY 40. Abandoned property to be delivered PART VIIFIDUCIARY OPERATIONS 41. Fiduciary operations to be specially permitted PART VIIIMISCELLANEOUS PROVISIONS 42. Identification of depositor by thumb impression 43. Use of the word “bank” 44. Advertisement of financial services 45. Board of directors for a bank 46. Conflict of interest 47. Additional responsibilities of the board 48. Additional duties of directors 49. Liability of executive officers, etc. 50. Prohibited remuneration of directors, officers and others 51. Customer due diligence 52. Violations of this Act to be published 53. Inconsistency with the Companies Act 54. General offence and penalty 55. Regulations 56. Continuity of banking licence 57. Transition period 10 of 2010 An Act to provide for the regulation of the business of banking in Malawi, and to provide for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Banking Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “bank” means a person who conducts banking business in Malawi, including by accepting funds withdrawable by cheque or transferable by other means; “banking business” means the business of receiving deposits or deposit substitutes from the public that are— (a) payable, with or without interest, on demand, or after the expiration of a stated period; and (b) transferable by cheque or by other means. “banking licence” means a licence granted by the Reserve Bank of Malawi and issued under the Financial Services Act to carry on banking business; “capital” includes paid-up capital and unimpaired reserves; “close relation” means spouse, brother, sister, parent, child, child of the spouse and the spouse of any of these and also includes a business partner and the close relations of the business partner; “controlling party” has the meaning ascribed to that term in the Financial Services Act; “company” means any company incorporated or registered as such under the Companies Act; “core capital” means paid-up share capital and disclosed reserves, with the latter being defined as the total of statutory reserves, retained profits from prior years, share premium, and sixty per cent of after tax profits in the current year to date (or in the case of loss, one hundred per cent of that loss), less unconsolidated investments in financial companies; “credit facility” includes financing by means of loans, leases, advances, establishing a line of credit, factoring, hire purchase, accepting of trade and other bills, discounting of such bills and notes, the opening or confirming of documentary credit, the issue of other letters of standby, guarantee or surety, the undertaking to pay on account of another person, and such other similar undertakings as may be prescribed by the Registrar in the Registrar’s directives from time to time; “deposit” means money entrusted to a bank and accepted by it for credit to a depositor’s account, which is payable, with or without interest, on demand or after the expiration of a stated period of time; “deposit substitutes” means funds received from the public through the issue, endorsement or acceptance of debt instruments of any kind other than deposits, or through the issue of participations, certificate…

CHAPTER 30:10SCIENCE AND TECHNOLOGY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY PROVISIONS 1. Short title 2. Interpretation PART IIADVANCEMENT OF SCIENCE AND TECHNOLOGY IN MALAWI 3. Policy and Statement to rank paramount 4. Publication and revision of the Policy and the statement PART IIIESTABLISHMENT OF THE NATIONAL COMMISSION FOR SCIENCE AND TECHNOLOGY 5. Establishment of the National Commission for Science and Technology 6. Composition of the Commission 7. Tenure of office and vacancies 8. Allowances and expenses of members 9. Policy directions 10. Proceedings of the Commission 11. Committees of the Commission 12. Minutes of meetings 13. Disclosure of interest 14. Protection of members 15. Invited persons 16. Oath of secrecy 17. Prohibition of publication or disclosure of information by unauthorized persons PART IVFUNCTIONS AND POWERS OF THE COMMISSION 18. Functions of the Commission 19. Powers of the Commission PART VSECRETARIAT OF THE COMMISSION 20. Secretariat of the Commission 21. Director General of the Commission 22. Disclosure of interest by employees, etc. 23. Functions of the Secretariat PART VIADVANCEMENT OF SCIENCE AND TECHNOLOGY FUND 24. Establishment of the Fund 25. The Fund to vest in the Minister 26. Advances to the Fund 27. Objects of the Fund 28. Application of the Fund 29. Books and other records of account, audit and reports of the Fund 30. Holdings of the Fund 31. Financial year 32. Levy PART VIIGRANTING OF AWARDS 33. Institution of awards 34. Awards Committee 35. Malawi Award for Science and Technological Achievement PART VIIILICENCES AND PERMITS 36. Licensing authority 37. Biotechnology consent 38. Other classes of licences 39. Exemption 40. Application for licence 41. Issue of licences 42. Suspension and revocation of a licence 43. Variation of a licence PART IXAPPEALS 44. Appeals 45. Appeals committee 46. Powers of the Appeals committee PART XMISCELLANEOUS PROVISIONS 47. Secrecy to be observed 48. Offences 49. Penalty for offences 50. Regulations 16 of 2003G.N. 1/2009 An Act to provide for the advancement of science and technology; to establish the National Commission for Science and Technology and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY PROVISIONS 1. Short title This Act may be cited as the Science and Technology Act. 2. Interpretation In this Act, unless the context otherwise requires— “appeals committee” means an appeals committee appointed under section 44; “Awards Committee” means the Scientific Awards Committee established under section 34; “Chairman” means Chairman of the Commission; “Commission” means the National Commission for Science and Technology established under section 5; “committee” means a committee of the Commission established under section 11 and includes the Scientific Awards Committee; “Fund” means the Science and Technology Fund established under section 24; “member” means a member of the Commission; “organism” means any biological entity, whether microscopic or not, capable of replication; “Vice-Chairman” means the person elected as the Vice-Chairman of the Commission under section 6 (3). PART IIADVANCEMENT OF SCIENCE AND TECHNOLOGY IN MALAWI 3. Policy and Statement to rank paramount Every public officer and any authority in Malawi exercising or performing powers, duties or functions in connexion with or concerning the commitment of the Government in advancing science and technology in Malawi as declared in the National Science and Technology Policy (in this Act otherwise referred to as the “Policy”) and in the Statement of National Priorities in Science and Technology (in this Act otherwise referred to as the “Statement”) shall, in the exercise of his powers or the performance of his duties or functions, consider and treat the Policy and the Statement as ranking paramount in the business of the Government and shall further consider it to be his paramount duty to act with all due diligence and dispatch in taking such action as is required or necessary to give effect to the Policy and Statement. 4. Publication and revision of the Policy and the Statement (1) The Policy and the Statement shall be published respectively by the Minister and the Commission for general distribution and, in the case of the Statement, copies of its publication shall be made freely available and without charge in and outside Malawi to bodies connected with science and technology. (2) Following any change in the Policy or the Statement, or following any legislative or statutory action or other action having similar effect taken by the Government in pursuance or implementation of the Policy or the Statement, the Minister shall publish in the Gazette the changes. PART IIIESTABLISHMENT OF THE NATIONAL COMMISSION FOR SCIENCE AND TECHNOLOGY 5. Establishment of the National Commission for Science and Technology There is hereby established a commission to be known as the National Commission for Science and Technology (in this Act otherwise referred to as the “Commission”). 6. Composition of the Commission (1) The Commission shall consist of— (a) the Chairman who shall be appointed by the Minister; (b) nine persons, who…

CHAPTER 50:03LIQUID FUELS AND GAS (PRODUCTION AND SUPPLY) ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Application 3. Act not to apply to exploration of liquid fuels and gas 4. Interpretation PART IIGENERAL PRINCIPLES 5. Objectives 6. Activities in chain of supply open to any person PART IIIFUNCTIONS OF THE MINISTER 7. Functions of the Minister PART IVLIQUID FUELS AND GAS PRODUCTION LICENCE 8. Obligation to obtain a production licence 9. Production activities to be licensed 10. Application for a production licence 11. Application fees and expenses 12. Approval of applications 13. Validity of production licence 14. Assignment of production licence 15. Suspension, revocation or termination of production licence PART VLIQUID FUELS AND GAS CONSTRUCTION AND OPERATING LICENCES 16. Obligation to obtain a licence 17. Activities to be licensed 18. Application for a licence 19. Application fees and expenses 20. Approval of applications 21. Validity of licences 22. Assignment of licences 23. Suspension, revocation or termination of licences PART VIOBLIGATIONS OF THE HOLDERS OF LICENCES 24. Compliance with laws, regulations, standards and specifications 25. Inspection and information 26. Minister to establish minimum stock requirements 27. National Liquid Fuels and Gas Information System 28. Reports and information to be submitted 29. Central Registry of Liquid Fuels and Gas Operations PART VIIASSURANCE OF FAIR COMPETITION 30. Prohibition against activities contrary to principles of fair competition 31. Negotiated access to unused capacities of third party facilities PART VIIIPROTECTION OF OCCUPATIONAL SAFETY, HEALTH AND WELFARE, PUBLIC SAFETY, PUBLIC HEALTH AND THE ENVIRONMENT 32. Adoption and adaptation of international standards and specifications 33. Environmental impact studies PART IXNATIONAL LIQUID FUELS AND GAS EMERGENCY PLAN AND STRATEGIC FUEL RESERVE STORAGE 34. National Liquid Fuels and Gas Emergency Plan 35. Strategic Fuel Reserve Storage PART XPRODUCT PRICES, TAXES AND LEVIES 36. Approval of prices 37. Advisory committees 38. Levies PART XIMEDIATION AND APPEALS 39. Non-binding mediation by the Authority 40. Appeal to the High Court PART XIIOFFENCES AND PENALTIES 41. Offences 42. Penalties 43. Joint liability 44. Initiation of actions by consumers PART XIIIMISCELLANEOUS PROVISIONS 45. Rehabilitation of area damaged by operations 46. Regulations 47. By-laws 48. Transitory regime for licences 49. Repeal and savings Schedule 23 of 2004G.N. 40/2007 An Act to make provisions for production, blending, extraction, conversion, importing, transforming, transporting, storing, distributing and selling liquid fuels and gas in a liberalized market and for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Liquid Fuels and Gas (Production and Supply) Act. 2. Application (1) The provisions of this Act shall apply to the production, extraction, conversion, importation, blending, transportation, storage, distribution, wholesale and retail sale of liquid fuels and gas and related activities within Malawi, and in the event that natural gas is used as boiler fuel, feed stock or for other commercial purposes in Malawi, all provisions of this Act which refer to liquid fuels and gas shall also apply to natural gas, whether imported or produced in Malawi, including compressed and liquefied natural gas. (2) The provisions of this Act shall apply to all persons, whether individual or body corporate, all departments and other entities of the Government, the Malawi Defence Force, all public corporations and all corporations under the Companies Act, subject to specific exemption for military and other entities for reasons of national security as may be authorized by the Minister by notice published in the Gazette. 3. Act not to apply to exploration of oil and gas The activities and installations related to the prospecting, exploration, discovery and development of oil and gas within Malawi as well as the storage, transportation and transformation of such oil and gas within the limits of the development area shall be governed by the Petroleum Exploration Act. 4. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Malawi Energy Regulatory Authority established under section 3 of the Energy Regulation Act; “chain of supply” means all operations, activities, installation equipment and other facilities, directly or indirectly, related to liquid fuels and gas supply operations; “commercial storage” means liquid fuels and gas storage held by a licensee for his day to day commercial operations; “consumer” has the meaning assigned thereto in the Consumer Protection Act; “Energy Laws” has the meaning ascribed thereto in the Energy Regulations Act; “exploration area” has the meaning assigned thereto in the Petroleum Exploration Act; “franchising” means an agreement between a licensee and a retail dealer under which the retail dealer is permitted to retail liquid fuels and gas under a designated business name; “importation” means buying liquid fuels and gas from a source outside Malawi by a licensee; “international haulage” means transportation of liquid fuels and gas into Malawi delivered at designated storage facilities of a licensee holding a storage licence; “internal distribution” means transportation of…

CHAPTER 73:01ELECTRICITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IILICENCES 3. Electricity supply activities to be carried on under licence 4. Licensees to hold only one type of licence 5. Applications for licences 6. Mode and procedure of application for licence 7. Criteria for consideration of application for licence 8. Incomplete premises 9. Conditions of a licence 10. Amendment or revocation of licences 11. Breach of conditions of licence 12. Duration and renewal of licences 13. Transfer of licence 14. Rural electrification licensees 15. Register of licences PART IIITARIFFS 16. Licensees to charge only approved tariffs 17. Public hearing before tariff revision 18. Criteria for granting or revising tariffs PART IVTRANSMISSION, DISTRIBUTION, SYSTEM AND MARKET OPERATOR AND SINGLE BUYER LICENSEE 19. Transmission licence 20. Duties and functions of a transmission licensee and a distribution licensee 20A. Duties and functions of system and market operation licensee 20B. Duties and functions of single buyer licensee 21. Power sales and purchase contracts 22. Import and export of power 23. Wheeling of power 24. Third party access 25. Load Dispatch Centre 26. Functions and reports of the Load Dispatch Centre PART VSYSTEM OPERATION 27. Requirements of the Load Dispatch Centre 28. Transmission or distribution licensee not to own a generation station 29. Transmission or distribution licensee to conduct operations in accordance with Grid Code 30. Generators to sell power to single buyer PART VIDISTRIBUTION 31. Duties of distributor 32. Delays in supply 33. Standby supply 34. Customers’ installation testing 35. Interference with licensee’s system PART VIIINSPECTION, ACCIDENTS, INQUIRIES AND INVESTIGATIONS 36. Entry and inspection of premises 37. Licensee to report accidents 38. Inquiries and investigations PART VIIIRIGHTS OVER LAND 39. Wayleaves over land 40. Right of entry on land 41. Trees or buildings interfering with electricity supply and equipment 42. Breaking up of streets 43. Licensees’ equipment not part of the land 44. Compensation for damage caused by licensee PART IXOFFENCES AND PENALTIES 45. Offences 46. PART XMISCELLANEOUS PROVISIONS 47. Consumer and customer education brochure 48. Resolution of disputes by the Authority 49. Service of notice 50. Distribution licensee may discontinue supply for non-payment, etc. 51. Right of appeal to the High Court 52. By-laws, rules, codes and guidelines 53. Repeal and savings 22 of 200412 of 201619 of 2024 G.N. 39/2007 An Act to make provisions for the regulation of the generation, transmission, wheeling distribution, sale, importation and exportation, use and safety of electricity and for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Electricity Act. 2. Interpretation In this Act unless the context otherwise requires— “Authority” means the Malawi Energy Regulatory Authority established under section 3 of the Energy Regulation Act. “average selling price” means the weighted average of the price paid by the single buyer in its contracts with generators, imports and any other supply obtained by the single buyer; “bulk consumer” means a consumer that is allowed to buy electricity directly from a generator; “case of emergency” with reference to a right of entry on or to land or premises conferred under this Act, means a case in which the person requiring entry to the land or premises in question has reasonable cause to believe that circumstances exist which are likely to endanger life or property, and that immediate entry to such land or premises is necessary to verify the existence of the circumstances or to ascertain the cause or to effect a remedy; “consumer” means a person using electricity; “contract of supply” means a contract between the operator of an electricity undertaking and any other person for the supply of electricity to that person; “customer” means a person purchasing electricity; “distribution” means the conveyance of electricity at less than 66,000 volts, or as may be prescribed by notice in the Gazette, from the transmission grid to customers through a distribution power system, and the terms “distribute” and “distributing” have corresponding meanings; “distributor” means a person distributing electricity; “distribution line” means any cable underground or overhead line for the distribution or reticulation of electricity from an electricity undertaking to a customer, together with any transformers, switchgear or other works necessary to, and used in connexion with, such cable underground or overhead line, and the buildings or such part thereof as may be required to accommodate transformers, switchgear and other works; “electricity” means electric energy generated from hydro, thermal, coal, diesel, oil, biomass, gas, photovoltaic, wind, nuclear and any other source as defined in Energy Laws; “electricity undertaking” means any installation works or services for the commercial generation, transmission, wheeling, distribution or supply of electricity which is owned or operated by a licensee, and ‘electricity undertaker’ bears a corresponding meaning; “energy laws” has the meaning ascribed thereto in the Energy Regulation Act; “generation” means the production…

CHAPTER 73:02ENERGY REGULATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE ENERGY REGULATORY AUTHORITY: CONSTITUTION, FUNCTIONS, POWERS AND DUTIES 3. Establishment of the Authority 4. Constitution of the Authority 5. Appointment of members of the Authority 6. Chairperson of the Authority 7. Tenure of office of members 8. Removal from office and vacancy 9. Powers and functions 10. Minister to Gazette Policy 11. Remuneration of members 12. Meetings of the Authority 13. Duties and responsibilities of members 14. Just administrative action 15. Committees of the Authority 16. Advisory Committees and customer-consumer fora 17. Members and employees not to be engaged in licensed activity 18. Chief Executive of the Authority 19. Other staff of the Authority 20. Disclosure of interest 21. Hiring of services 22. Delegation of powers and authority PART IIIFINANCIAL PROVISIONS 23. Funds of the Authority 24. Energy regulation levy 25. Rural electrification levy 26. Books of accounts 27. Annual report PART IVREGULATION OF THE ENERGY SECTOR 28. Activities to be carried out under licence 29. Application for and issuing of licence 30. Tariffs or prices of energy 31. Transfer of licences PART VRESOLUTION OF DISPUTES 32. Authority may arbitrate 33. Authority may act as mediator 34. Authority may appoint another arbitrator 35. Procedure and fees for mediation and arbitration 36. Decision of the Authority is final PART VIINSPECTION, ACCIDENTS, INQUIRIES AND INVESTIGATIONS 37. Inquiries and formal investigations 38. Licensee to report accidents 39. Entry and inspection of premises PART VIIOFFENCES AND PENALTIES 40. Offences 41. Penalties PART VIIIMISCELLANEOUS PROVISIONS 42. Service of notice 43. Right of appeal to the High Court 44. Obligation of secrecy 45. By-laws 20 of 2004G.N. 37/2007 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 PART IPRELIMINARY 1. Short title This Act may be cited as the Energy Regulation Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Malawi Energy Regulatory Authority established under section 3; “coal” means coal as defined in the Energy Laws; “customer” means a person purchasing energy; “consumer” means a person consuming energy; “electricity undertaking” means electricity undertaking as defined in the Electricity Act; “energy” means such sources of renewable and non-renewable energy as defined in this Act; “Energy Laws” means this Act and any other written law under which the Authority exercises any function; “energy undertaking” means any undertaking selling energy or commercial activities related thereto, whether public or private as defined in the Energy Laws; “licence” means a licence granted under Part III; “licensee” bears a corresponding meaning; “liquid fuels and gas” means liquid fuels and gas as defined in Energy Laws; “member” means a member of the Authority and includes the Chairperson or Vice-Chairperson; “non-renewable energy” means those sources of energy available to mankind arising from natural processes in the interaction between the sun and the earth’s surface but not regularly replenished and these include uranium and fossil fuels e.g. coal, peat, crude oil, natural gas; “Public Appointments Committee” means the Public Appointments Committee established under section 56 (7) of the Constitution; “renewable energy” means those sources of energy available to mankind arising from natural processes in the interaction between the sun and the earth’s surface and regularly replenished and these include the sun as the primary renewable energy resource and the secondary renewable energy resources that derive from the sun including wind energy, hydro, ocean thermal, ocean wave, ocean tidal and electricity from photovoltaic effects, biomass, geothermal, etc.; “rural electrification” means rural electrification as defined in the Rural Electrification Act; “Rural Electrification Fund” means the fund set up under the Rural Electrification Act; “solar, wind, biogas” means solar, wind, biogas as defined in the Energy Laws; PART IIESTABLISHMENT OF THE ENERGY REGULATORY AUTHORITY: CONSTITUTION, FUNCTIONS, POWERS AND DUTIES 3. Establishment of the Authority There is hereby established an Authority known as the Malawi Energy Regulatory Authority (in this Act otherwise referred to as the “Authority”) which shall be a body corporate by that name with perpetual succession and a common seal and capable of suing and being sued in its corporate name and capable of acquiring and disposing of any moveable or immoveable property and performing such acts and things as bodies corporate may by law do or perform and have power to perform such functions and exercise such powers as are conferred by this Act and the Energy Laws. 4. Constitution of the Authority (1) The Authority shall comprise— (a) a Chairperson, a Vice-Chairperson and three other members; (b) the Principal Secretary responsible for Energy Affairs as ex officio member; (c) the Director of Energy Affairs; and (d) the Chief Executive of…

CHAPTER 73:03RURAL ELECTRIFICATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF RURAL ELECTRIFICATION MANAGEMENT COMMITTEE 3. Establishment of the Committee 4. Composition of the Committee 5. Objectives of the Committee 6. Functions of the Committee 7. Meetings of the Committee 8. Remuneration and expenses of the Committee 9. Committee may co-opt advisors 10. Committee to be accountable to the Minister 11. Secretariat and staff of the Committee PART IIIESTABLISHMENT OF MALAWI RURAL ELECTRIFICATION FUND 12. Establishment of the Fund 13. Purpose of the Fund 14. Advances to the Fund 15. Holdings of the Fund 16. Surplus funds to be invested 17. Disbursements from the Fund 18. Credit guarantees 19. Appointment of Credit Finance Manager 20. Grant and subsidy agreements PART IVFINANCIAL PROVISIONS 21. Books of accounts 22. Annual report PART VREGULATION OF RURAL ELECTRIFICATION 23. Application of Cap. 73:01 and Cap. 73:02 24. Rural electrification activities to be licensed 25. Tariffs 26. Safety by-laws 27. Concession agreements 28. Concession management fee 29. Duration of concession agreement 30. Implied terms and conditions in concession agreement 31. Solar home system agreements 32. Ownership of lines and equipment 33. Grid power coming to off-grid system PART VIMANAGEMENT OF RURAL ELECTRIFICATION ACTIVITIES 34. Annual rural electrification programme 35. Priority listing of projects 36. Promotion of rural electrification 37. Committee to monitor rural electrification 38. Reports of rural electrification PART VIIMISCELLANEOUS 39. Offences 40. Penalties 41. Regulations 21 of 2004G.N. 38/2007 An Act to make provision for the promotion, funding, management and regulation of rural electrification; and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Rural Electrification Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Malawi Energy Regulatory Authority established under section 3 of the Energy Regulation Act; “beneficiary” means a person who procures a credit guarantee under section 18; “candidate site” means a site included in the rural electrification programme; “Committee” means the Rural Electrification Management Committee established under section 3; “Concedante” means the Department of Energy Affairs and any other entity or body as the Minister may designate by notice published in the Gazette; “Concessionaire” means a person who has entered into concession agreement to install, operate or maintain a rural electrification installation on behalf and as agent of a Concedante; “concession agreement” means a concession agreement concluded between a Concedante and a Concessionaire whereby the Concessionaire agrees to construct, install, operate or maintain a rural electrification installation on behalf and as an agent of the Concedante in accordance with section 27; “concession area” means an area demarcated in the concession agreement over which a Concessionaire is granted exclusive right to construct, install, operate or maintain a rural electrification installation on behalf of a Concedante; “Credit Finance Manager” means the Credit Finance Manager appointed under section 19; “Fund” means the Malawi Rural Electrification Fund established under section 12; “grant and subsidy agreement” means the agreement entered into between the Concedante and the Concessionaire for purposes of channelling funds from the Fund to the Concessionaire for rural electrification and m accordance with section 2; “grid extension rural electrification” means rural electrification installation that is connected to the interconnected system; “interconnected system” means the high voltage national electricity system of 66 KV and above, or as may be prescribed by notice in the Gazette, including related substations and associated equipment and generation stations to which they are connected and any distribution system connected thereto; “Malawi Bureau of Standards” means the Malawi Bureau of Standards established under the Malawi Bureau of Standards Act; “management fee” means the fee payable by a Concessionaire to a Concedante in accordance with section 28; “micro hydropower station” means a hydropower station whose installed generation capacity is not less than 2 KW, but is less than 100 KW; “mini hydropower station” is a hydropower station whose installed generation capacity is not less than 100 KW, but is less than 500 KW; “off-grid rural electrification” means rural electrification installation that is not connected to the interconnected system; “public institutions” includes Government schools, hospitals, clinics, health centres, police stations and other Government offices and institutions; “renewable energy resources” means solar home system, micro, mini and small hydro-electric power stations, biomas, biogas, wind, and other thermal electricity generation systems and technologies; “rural electrification” means grid extension or off-grid electrification or renewable energy resources electrification whose internal rate of return is up to 6 per cent per annum and line capacity is lower than 66 KV or generation capacity is up to 5MW; “rural electrification programme” means the rural electrification programme prepared or compiled in accordance with section 34; “rural electrification site” means a site where rural electrification installation is in progress or under commercial operation; “Rural Electrification Unit” means the Rural…

CHAPTER 60:03BIOSAFETY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IIADMINISTRATION 4. Administration of the Act 5. Appointment of other officers 6. Functions of the Minister PART IIIBIOSAFETY FUND 7. Establishment of the Biosafety Fund 8. Levy 9. Vesting of the Fund in the Minister 10. Advances to the Fund 11. Objects of the Fund 12. Application of the Fund 13. Books and other records of account, audit and reports of the Fund 14. Holdings of the Fund 15. Financial year PART IVLICENCES AND PERMITS 16. Licensing authority 17. GMO licence 18. Special arrangements 19. Other classes of licences 20. Exemptions 21. Application for a licence 22. Matters to be considered before issuing a licence 23. Issue of licences 24. Suspension and revocation of a licence 25. Variation of a licence PART VCONTAINERS, PACKAGES AND IDENTIFICATION OF GENETICALLY MODIFIED ORGANISMS OR PRODUCTS THEREOF 26. Labelling 27. Leaflets PART VIPROMOTION OF SALES OF GENETICALLY MODIFIED ORGANISMS OR PRODUCTS THEREOF 28. Regulations on advertisement 29. Meaning of advertisement PART VIIINSPECTION 30. Inspection 31. Entry into premises 32. Mode of inspection 33. Non-disclosure of information 34. Inspectors not to be personally liable for acts done by them under this Act PART VIIIAPPEALS 35. Appeals 36. Appeals committee 37. Powers of the appeals committee PART IXMISCELLANEOUS PROVISIONS 38. Secrecy to be observed 39. Offences 40. Penalty for offences 41. Regulations 13 of 2002G.N. 26/2007 An Act to provide for the safe management of biotechnological activities and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY PROVISIONS 1. Citation This Act may be cited as the Biosafety Act. 2. Interpretation In this Act, unless the context otherwise requires— “accident” means any incident involving an unintended general release of biotechnological products which could have an immediate or delayed adverse impact on the environment; “appeals committee” means an appeals committee appointed under section 35; “biotechnology” means any technique that uses living organisms or parts of organisms to— (a) make or modify products; (b) improve plants or animals: or (c) develop micro-organisms for specific purposes; “contained use” means any activity in which organisms are genetically modified or in which genetically modified organisms are cultured, stored, used, transported, destroyed or disposed of and for which physical barriers or a combination of physical, chemical or biological barriers are used to limit contact thereof with the environment; “environment” means the aggregate of surrounding objects, conditions and influences that affect the life and habits of man or any other organisms or collection of organisms; “Fund” means the Biosafety Fund established under section 7; “general release” means the introduction of genetically modified organisms into the environment, by whatever means, where the organisms are no longer under the control of any person; “gene therapy” means a technique for delivering functional genes to replace aberrant ones into living cells by means of a genetically modified vector or by physical means in order to genetically alter the living cell; “genetically modified organism” means an organism whose genes or genetic material has been modified in a way that does not occur naturally through mating or natural recombination; “hazard” means an intrinsic biological chemical or physical characteristic of genetically modified organisms or products thereof which could lead to an adverse impact on the environment; “inspector” means a person appointed as an inspector under section 30; “organism” means any biological entity, whether microscopic or not, capable of replication; “permit” means a permit issued under section 18; “risk” means the combination of the magnitude of the consequences of a hazard, if it occurs, and the likelihood that the consequences will occur; “trial release” means the deliberate release of genetically modified organisms into the environment under conditions where the degree of dissemination of the genetically organisms is limited by chemical or physical barriers or by built-in barriers which prevent the survival of such organisms in the environment; “waste” means any matter, whether gaseous, liquid, solid or any combination thereof, which is an undesirable or superfluous by-product, emission, resolve or remainder of any process or activity in connexion with genetically modified organisms. 3. Application This Act shall apply to— (a) the genetic modification of organisms; (b) the importation, development, production, testing, release, use and application of genetically modified organisms; and (c) the use of gene therapy in animals, including human beings. PART IIADMINISTRATION 4. Administration of the Act This Act shall be administered by the Minister responsible for environmental affairs, and such other officers subordinate to him as may be appointed under this Part, whose offices shall be public offices. 5. Appointment of other officers In addition to the Minister, there shall be appointed in the public service such other officers subordinate to the Minister, as may be required for the proper performance of his functions. 6. Functions of the Minister The Minister shall—…

CHAPTER 69:07ROADS AUTHORITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE ROADS AUTHORITY 3. Establishment of the Authority 4. Purpose of the Authority PART IIIBOARD OF THE AUTHORITY 5. Composition of the Board 6. Disclosure of interest 7. Board may establish committees 8. Board may co-opt advisors 9. Vacation, etc., of members from office 10. Meetings of the Board 11. Remuneration and expenses of members of the Board PART IVFUNCTIONS AND POWERS OF THE BOARD 12. Functions of the Board 13. Powers of the Board 14. Board to be accountable to Minister 15. Board to report to Minister 16. Inquiries by the Minister PART VFINANCIAL PROVISIONS 17. Funds of the Authority 18. Books and other records of accounts and audit 19. Holdings of the funds of the Authority 20. Financial year PART VIMANAGEMENT 21. Appointment of staff of the Authority PART VIIANNUAL ROADS PROGRAMMES 22. Annual roads programmes 23. Review of annual roads programmes 24. Annual national roads programme to be submitted to the Minister PART VIIIMANAGEMENT OF ROAD NETWORKS 25. Management of road network 26. Procedures agreement PART IXOFFENCES AND PENALTIES 27. Offences and penalties 28. Failure of the Authority to comply with certain provisions PART XMISCELLANEOUS 29. Inconsistency with other written laws 30. Regulations PART XITRANSITIONAL PROVISIONS 31. Vesting of assets of the National Roads Authority 32. Registration of property to be transferred by the National Roads Authority 33. Legal proceedings 34. Terms of service of employees of the National Roads Authority 35. Repeal and savings 28 of 19983 of 200612 of 2023G.N. 32/2006 An Act to make provision for the establishment of the Roads Authority for the construction, maintenance and rehabilitation of public roads; and for connected purposes PART IPRELIMINARY 1. Short title This Act may be cited as the Roads Authority Act. 2. Interpretation In this Act, unless the context otherwise requires— “Administration” means the Roads Fund Administration established under section 3 of the Roads Fund Administration Act; “Authority” means the Roads Authority established under section 3; “appointed date” means the date appointed by the Minister under section 1; “Board” means the Board referred to in section 5; “Minister” means the Minister responsible for public roads; “procedures agreement” means a procedures agreement referred to in section 26; “public road” has the same meaning ascribed to it in the Public Roads Act; “road” has the same meaning ascribed to it in the Public Roads Act; “road agency” means any institution or body, whether or not incorporated, charged under any written law with the responsibility of constructing, maintaining or rehabilitating public roads, and includes any institution or body designated as a roads authority by the Minister by notice published in the Gazette; and “Roads Fund” means the Roads Fund established under section 18 of the Roads Fund Administration Act. PART IIESTABLISHMENT OF THE ROADS AUTHORITY 3. Establishment of the Authority (1) There is hereby established a body to be known as the Roads Authority (in this Act otherwise referred to as the “Authority”) which shall— (a) be a body corporate with perpetual succession; (b) have a common seal; (c) be capable of— (i) acquiring, holding and disposing of real and personal property; (ii) suing and being sued in its corporate name; and (iii) doing or performing all such acts and things as bodies corporate may by law do or perform. (2) There shall be established within the Authority such Agencies as the Board may, in consultation with the Minister, determine. 4. Purpose of the Authority The purpose of the Authority shall be to— (a) ensure that public roads are constructed, maintained or rehabilitated at all times; and (b) advise the Minister and, where appropriate, the Minister responsible for Local Government on the preparation and the efficient and effective implementation of the annual national roads programme referred to in section 22. PART IIIBOARD OF THE AUTHORITY 5. Composition of the Board (1) The operations of the Authority shall be governed by a Board which shall consist of— (a) the following members appointed by the Minister— (i) a Chairman; (ii) a Vice-Chairman; (iii) one chartered accountant registered under the Public Accountants and Auditors Act; (iv) one legal practitioner who possesses a valid practising licence in accordance with the Legal Education and Legal Practitioners Act; (v) one procurement specialist registered under the Malawi Institute of Procurement and Supply Act; (vi) one professional civil engineer registered under the Malawi Engineering Institution Act; and (vii) two members of the public of high integrity, representing the general interest of the public; and (b) the following ex officio members— (i) the Secretary responsible for public works or his or her designated representative; (ii) the Secretary responsible for local government or his or her designated representative; and (iii) the Director of Road Traffic or his or her designated representative.…

CHAPTER 7:05PREVENTION OF DOMESTIC VIOLENCE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Purpose of Act 4. Persons who may apply for orders PART IIPROTECTION ORDERS 5. Application for a protection order 6. Grant of a protection order on an ex parte application 7. Grant of a protection order 8. Court may make a direction for alternative dispute resolution 9. Existence of other proceedings 10. Variation or discharge of a protection order PART IIIOCCUPATION ORDERS 11. Application for an occupation order 12. Grant of an occupation order on an ex parte application 13. Effect of an occupation order 14. Variation or discharge of an occupation order PART IVTENANCY ORDERS 15. Application for a tenancy order 16. Grant of a tenancy order on an ex parte application 17. Effect of a tenancy order 18. Power to discharge a tenancy order and revesting of tenancy PART VPROVISIONS RELATING TO OCCUPATION ORDERS AND TENANCY ORDERS 19. Procedure relating to occupation orders and tenancy orders 20. Ancillary orders respecting furniture, etc. PART VIINTERIM ORDERS 21. Interim orders PART VIIPROCEDURES IN RESPECT OF APPLICATIONS FOR ORDERS 22. Date of hearing 23. Notice of proceedings 24. Absence of respondent 25. Absence of applicant 26. Explanation of orders 27. Service of orders 28. Service, other than personal service 29. Respondent to have notice PART VIIIENFORCEMENT OF ORDERS 30. Breach of orders PART IXDESIGNATION, DUTIES AND POWERS OF ENFORCEMENT OFFICERS 31. Designation of enforcement officers 32. Duties of enforcement officers 33. Powers of enforcement officers PART XPOWERS AND DUTIES OF POLICE OFFICERS 34. Duties of police officers 35. Issue of warrant 36. Police powers of entry without warrant 37. Duty of police officers to assist victims 38. Powers of arrest where order is in force 39. Existing criminal law to apply 40. Refractory witnesses 41. Granting of bail PART XIMISCELLANEOUS 42. Duty to report domestic violence 43. Service providers to assist 44. Protection of authorized persons 45. Jurisdiction 46. Single act of condonation 47. Conduct of proceedings 48. Evidence 49. Standard of proof 50. Restriction of publication of reports of proceedings 51. Order by consent 52. Counselling 53. Appeals 54. Protection of mortgage 55. Rules of court 56. Regulations Schedule 5 of 2006G.N. 9/2007 An Act to make provision for the prevention of domestic violence, for the protection of persons affected by domestic violence; and for matters connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Prevention of Domestic Violence Act. 2. Interpretation In this Act, unless the context otherwise requires— “applicant” means a person who applies, or on whose behalf an application is made, for an order pursuant to this Act; “child” means a person under the age of eighteen years who ordinarily or periodically resides with the applicant, whether or not the child is a child of the applicant and the respondent or either of them, and includes an adopted child, a stepchild, or a child who is treated as a child of the family but does not include a person who is, or has been, married; “court” means a court which, in accordance with section 45, has competent jurisdiction; “dependant” means a person over the age of eighteen years, living within the household, who by reason of age, physical or mental disability or infirmity is reliant on either the applicant or respondent for his or her welfare; “domestic relationship”, in relation to domestic violence, means the relationship between persons who are family members and share a household residence or are dependent on each other socially or financially, and includes the relationship where— (a) the applicant and the respondent are husband and wife; (b) a person has a child in common with the respondent and that person is being subjected or is likely to be subjected to domestic violence by the respondent; (c) one is a parent and the other is his or her child or dependant; and (d) the applicant and the respondent are or have been in a visiting relationship for a period exceeding twelve months; “domestic violence” means any criminal offence arising out of physical, sexual, emotional or psychological, social, economic or financial abuse committed by a person against another person within a domestic relationship; “economic abuse” means the denying of a person the liberty to undertake any lawful income generating activity or access economic resources, and includes refusal to provide basic household necessities, withholding that person’s income or salary and denying that person the opportunity to seek employment; “emergency monetary relief”, in relation to an interim protection order, means relief provided to the applicant to compensate for loss suffered as a result of the domestic violence, and includes medical and dental expenses, accommodation and transport expenses, household necessities and loss of earnings; “emotional or psychological abuse” means a pattern of behaviour of any…