Category: Principal Legislation

CHAPTER 5:05NON-GOVERNMENTAL ORGANIZATIONS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Objects of the Act 4. Application of the Act 5. Exempt organizations PART IIESTABLISHMENT OF THE NON-GOVERNMENTAL ORGANIZATIONS REGULATORY AUTHORITY 6. Establishment of the Authority 7. Composition of the Authority 8. Disqualification from appointment to the Authority 9. Removal of members 10. Tenure of office 11. Filling of vacancies 12. Invited persons 13. Allowances, etc., of members 14. Chairman and Vice-Chairman PART IIIMEETINGS OF THE AUTHORITY 15. Meetings of the Authority 16. Establishment of committees 17. Disclosure of interest PART IVDUTIES, FUNCTIONS AND THE POWERS OF THE AUTHORITY 18. Duties and functions of the Authority PART VMANAGEMENT OF THE AUTHORITY 19. Registrar and other employees PART VIREGISTRATION OF NGOS 20. Registration 21. Certificate of Registration 22. Reporting requirements 23. Cancellation or suspension of registration PART VIITHE DESIGNATED NGO COORDINATING BODY 24. Designation of body 25. PART VIII 26. PART IXFINANCIAL PROVISIONS 27. Funding of the Authority 28. Borrowing powers 29. Investment of surplus money 30. Financial year 31. Accounts and audit 32. Annual report PART XFUNDRAISING 33. Fundraising by registered NGOs PART XIMISCELLANEOUS PROVISIONS 34. Offence and penalty 35. Regulations 36. Savings 6 of 200119 of 2022G.N. 11/2007 An Act to provide for the rights and obligations of Non-Governmental Organizations in Malawi, to promote the development and values of a strong independent civil society, to provide for the establishment, functions and powers of the Non-Governmental Organizations Regulatory Authority and the right of the public to access information with respect to registered organizations and to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Non-Governmental Organizations Act. 19 of 2022 2. Interpretation In this Act, unless the content otherwise requires— 19 of 2022 “Authority” means the Non-Governmental Organizations Regulatory Authority established under section 6; 19 of 2022 “designated NGO Coordinating body” means an independent institution representing Non-Governmental Organizations in Malawi designated under section 24; “exempt organization” means an NGO exempted from the provisions of this Act under section 5; “international NGO” means an institution or organization for public benefit purposes, established under the laws of a country other than Malawi, or established under a treaty or convention and conducting some or all of its activities in Malawi; 19 of 2022 “NGO” means an organization constituted for a public benefit purpose to which the provisions of this Act are applicable under section 4; “public benefit purposes” means organizational purposes involving developmental and charitable purposes including but not limited to, educational, health, welfare, advocacy, cultural, civic, social, recreational, scientific, environmental, or other similar objects for the benefit of the general public, a section thereof or members of the organization but excluding involving the activities of a church or religion, trade union, employers organization or political party; “public fundraising’’ means the soliciting from the general public in Malawi, for public benefit purposes, of contributions of value, whether in cash or in kind, but for the avoidance of doubt does not include the kind of soliciting directed to members, office bearers or other persons who have a relationship with the organization concerned; “Registrar of NGOs” means the Registrar appointed under section 19. 3. Objects of the Act The objects of this Act are— (a) to promote the development of a strong independent civil society in Malawi and to facilitate the formation and effective functioning of NGOs for public benefit purposes; (b) to create a conducive environment for NGO development through Government provision of incentives; (c) to promote donor and public confidence in the NGO sector, and to encourage the development of an NGO code of conduct, incorporating principles of fiduciary integrity, public accountability, democratic decision-making, developmental synergy, non-discrimination and beneficiary equity; (d) to facilitate a relationship between NGOs and the Government involving constructive collaboration and partnership in furtherance of the public interest; and (e) to affirm the human rights enshrined in the Constitution of the Republic of Malawi. 4. Application of the Act Save as otherwise provided in this Act, the provisions of this Act shall apply to an NGO within Malawi which fulfils the following conditions— (a) it has a written constitution or a governing instrument; (b) it is not established, administered or controlled directly or indirectly by the Government of Malawi, or any other government; (c) it applies all its funds and resources for public benefit purposes only; (d) it does not transfer or distribute, whether directly or indirectly, any benefit to its members, donors, trustees, directors or other officers, or their associates or next of kin, except if such benefits represent— (i) reasonable remuneration for services actually rendered; or (ii) benefits conferred, without favour or discrimination, by reason of the beneficiary being part of an eligible group or category entitled to benefit in accordance with the…

CHAPTER 3:10JUDICATURE ADMINISTRATION ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Chief Courts Administrator 4. Funds of the Judiciary 5. Regulations 11 of 2000G.N. 60/2000 An Act to provide for the establishment of the office of Chief Courts Administrator; the administration of the judiciary; the funding of the judiciary; the terms and conditions of service for members of staff of the judiciary; and for matters connected therewith or incidental thereto 1. Short title This Act may be cited as the Judicature Administration Act. 2. Interpretation In this Act, unless the context otherwise requires— “Chief Courts Administrator” means the Chief Courts Administrator of the judiciary appointed under section 3; “Commission” means the Judicial Service Commission established under section 116 of the Constitution; “court fees” means any fees, commissions or charges payable under any written law in connexion with the filing, service, execution or administrative processing of any writ, application or other legal process, and includes sheriff’s fees and any other commission, late fees or other charges so payable; “judicial office” has the meaning ascribed to it under section 111 (4) of the Constitution; “member of staff of the judiciary” means any employee of the judiciary, other than a person holding a judicial office. 3. Chief Courts Administrator (1) There shall be a Chief Courts Administrator for the judiciary whose office shall be a public office and who shall be subordinate to the Registrar of the Supreme Court of Appeal and the High Court. (2) The Chief Courts Administrator shall oversee the general, financial and personnel administration of the judiciary and, in exercising his or her duties, shall be subject to any general or special directions of the Chief Justice. 4. Funds of the judiciary (1) Subject to section 114 (2) of the Constitution, the funds of the judiciary shall consist of— (a) such sums as shall be appropriated by Parliament for the purpose of the judiciary; (b) such sums as may be payable to the judiciary by way of court fees; (c) such sums as may be received by the judiciary under subsection (2); and (d) such sums as may otherwise vest in or accrue to the judiciary. (2) The judiciary may accept grants, whether or not subject to conditions, for the benefit of any activity, function, fund or asset of the judiciary. (3) There shall be paid out of the funds of the judiciary— (a) the salaries, pension, gratuity and allowances of holders of judicial office in accordance with section 114 of the Constitution; (b) the loans of holders of judicial office; (c) the salaries, allowances and loans of members of staff of the judiciary as may be determined by the Commission in accordance with regulations made under this Act; and (d) any other expenses incurred in connexion with the administration of the judiciary. 5. Regulations The Commission may— (a) subject to sections 118 and 119 of the Constitution, make regulations for— (i) the nomination of persons for judicial office; (ii) the exercise of disciplinary powers in relation to persons holding judicial office; (b) make regulations for— (i) the appointment of members of staff of the judiciary; (ii) the exercise of disciplinary powers in relation to members of staff of the judiciary; (iii) with the approval of the Minister responsible for finance, the terms and the conditions of service for members of staff of the judiciary; and (c) make regulations for the general administration of the judiciary.

CHAPTER 55:01EMPLOYMENT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Citation 2. Application 3. Interpretation PART IIFUNDAMENTAL PRINCIPLES 4. Prohibition against unlawful labour 5. Anti-discrimination 6. Equal pay 7. Remedies for infringement of fundamental rights PART IIIADMINISTRATION 8. The Labour Commissioner and labour officers 9. Powers of labour officers 10. Labour officer to notify employer of his presence 11. Free access and assistance to a labour officer 12. Prohibition against victimization 13. Prohibition against revealing secret information 14. Prohibition against conflict of interest 15. Assistance to small enterprises 16. Reports 17. Annual general report 18. Content of the annual general report 19. Identity card 20. Obstruction, etc., of labour officers PART IVEMPLOYMENT OF YOUNG PERSONS 21. Prohibition against child labour 22. Hazardous work 23. Register of young persons 24. Offences against this Part PART VCONTRACTS 25. Types of contracts 26. Probationary period 27. Particulars of employment 28. Termination of contracts 29. Notice of termination of contracts 30. Payment in lieu of notice 31. Certificate of termination 32. Transfer of contract 33. Death of employer 34. Insolvency of employer 35. Severance allowance 35A. Gratuity PART VIHOURS OF WORK, WEEKLY REST AND LEAVE 36. Normal working hours, weekly rest, etc. 37. Maximum daily working hours 38. Exemption 39. Overtime 40. Payment for working on public holiday 41. Continuous employment 42. Successor employer 43. Seasonal employment 44. Annual leave 45. Date of leave 46. Sick leave 46A. Special work conditions for pregnant or breastfeeding woman 47. Maternity leave 47A. Paternity leave 48. Right to return 49. Termination related to pregnancy PART VIIWAGES 50. Payment of wages 50A. Deduction of wages for participation in a strike 51. Pay statement and record keeping 52. Prohibition related to payment of remuneration 53. Payment of remuneration on termination of employment 54. Setting of minimum wages 55. No abatement of minimum wages PART VIIIDISCIPLINE AND DISMISSAL 56. Disciplinary action 57. Justification for dismissal 58. Unfair dismissal 59. Summary dismissal 60. Constructive dismissal 61. Proof of reason for dismissal 62. Complaints of unfair dismissal 63. Remedies for unfair dismissal PART IXMISCELLANEOUS PROVISIONS 64. Disputes and complaints 65. Handling of complaints 66. Offences and penalties 67. Regulations 68. Repeals and savings 69. Transitional FIRST SCHEDULE SECOND SCHEDULE 6 of 200027 of 201017 of 2021G.N. 47/20002/200224/200411/2011 An Act to establish, reinforce and regulate minimum standards of employment with the purpose of ensuring equity necessary for enhancing industrial peace, accelerated economic growth and social justice and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Citation This Act may be cited as the Employment Act. 2. Application (1) Subject to subsection (2), this Act applies to the private sector and the Government, including any public authority or enterprise. (2) This Act does not apply to members of the armed forces, the prisons service or the police, except those employed in a civilian capacity. 3. Interpretation In this Act, unless the context otherwise requires— “Commissioner” means the Labour Commissioner appointed pursuant to section 8; “Court” means the Industrial Relations Court established under section 110 (2) of the Constitution; “employee” means— (a) a person who offers his services under an oral or written contract of employment, whether express or implied; (b) any person, who performs work or services for another person for remuneration or reward on such terms and conditions that he is in relation to that person in a position of economic dependence on, and under an obligation to perform duties for that person more closely resembling the relationship of employee than that of an independent contractor; or (c) where appropriate, a former employee; “employer” means— (a) any person, body corporate, undertaking, public authority or body of persons who or which employs an employee and includes heirs, successors and assignees of the employer; or (b) where appropriate, a former employer; “forced labour” means any work or service that is exacted from any person under the threat of any penalty and is not offered voluntarily, but does not include— (a) any compulsory military service or work of a purely military character; (b) any work or service that forms part of the normal communal or civil obligations of citizens of Malawi; (c) any work or service exacted from a person as a consequence of a conviction by any court: Provided the person is not hired by or placed at the disposal of a private individual, company or association and the work or service is carried out under the supervision and control of a public authority; (d) any work or service exacted in emergency situations where the life or well being of the whole or part of the population is endangered, but only to the extent that the requiring of such labour is reasonably justifiable in the circumstances; or (e) minor communal services of a kind performed by members of the community in the direct interest…

CHAPTER 8:05BAIL GUIDELINES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Application 3. Bail guidelines 8 of 2000 An Act to provide for guidelines to be followed by the police and courts when granting bail in criminal cases 1. Short title This Act may be cited as the Bail (Guidelines) Act. 2. Application This Act shall apply to all criminal cases where the granting of bail is considered by the police and courts under section 118 of the Criminal Procedure and Evidence Code. 3. Bail guidelines In considering whether to grant or refuse bail, a police officer or a court, as the case may be, shall be guided by the principles, factors and other matters, constituting Guidelines on Bail, specified in the Schedule. s .3 SCHEDULE GUIDELINES ON BAIL PART IBAIL BY THE POLICE 1. Where a person has been arrested, whether with or without warrant, but the most Senior Police Officer at the police station where he or she is detained is not satisfied that there is sufficient evidence to charge him or her, then the most Senior Police Officer should release him or her either unconditionally or on bail. 2. Where a person has been arrested and is then charged at the police station, the most Senior Police Officer must decide whether to keep him or her in custody till he or she can be brought before the court or to release him or her on bail. 3. Bail should not be granted to a person arrested for an offence punishable with death such as treason, murder, rape, armed robbery and burglary. 4. Where a person has been remanded in custody by a court, the police should not grant bail to that person. 5. The principles which the police should take into account in deciding whether or not bail should be granted include— (a) the likelihood of the accused failing to appear for further inquiry or for his or her trial; (b) the likelihood of the accused committing an offence while on bail; and (c) the likelihood of the accused interfering with witnesses or tampering with evidence or otherwise obstructing the course of justice. 6. In considering whether the principles stated above have been established, the police shall take into account the following factors— (a) the nature and the seriousness of the offence; (b) the strength of the evidence against the accused; (c) the sentence which the offence may carry upon conviction; (d) the character, antecedents, associations and community ties of the accused; (e) the safety and protection of the accused; and (f) the state of health of the accused, as certified by a medical practitioner. 7. Where the accused is a juvenile the police shall, in addition, consider the following factors— (a) the welfare of the juvenile; (b) whether it is necessary in the interest of the juvenile to remove him or her from association with any undesirable person; and (c) whether the release of the juvenile will defeat the ends of justice. 8. Any bail conditions given to the accused should not be unreasonable. 9. In all cases where bail is granted or refused the police shall record that fact. 10. Where bail is refused, the police shall— (a) give the accused reasons for the refusal; and (b) inform the accused of his or her right to apply to a court for bail. PART IIBAIL BY THE COURTS 1. A person arrested for, or accused of, the alleged commission of an offence is entitled to be released, with or without bail, at any stage preceding his or her conviction in respect of the offence, unless the court finds that it is in the interests of justice that he or she be detained in custody. 2. In bail proceedings the court shall deal with such proceedings expeditiously but may postpone the proceedings to allow the accused or the prosecutor to adduce evidence or further information. 3. If reliable or sufficient information is not before the court, the court may order its production. 4. The principles which the court should take into account in deciding whether or not bail should be granted include the following— (a) the likelihood that the accused, if released on bail, will attempt to evade his or her trial; and in considering this principle the court may, where applicable, take into account the following factors— (i) the nature and the seriousness of the offence for which the accused is to be tried; (ii) the strength of the case against the accused and the temptation that he or she may in consequence attempt to evade his or her trial; (iii) the nature and the severity of the punishment which is likely to be imposed should the accused be convicted of the offence against him or her; (iv) whether the accused is in custody on another…

CHAPTER 55:03WORKERS’ COMPENSATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Meaning of “worker” 3. Interpretation PART IIELIGIBILITY FOR COMPENSATION IN CASE OF INJURY OTHER THAN THE CONTRACTION OF A SCHEDULED DISEASE 4. Employer’s liability for compensation for death or incapacity due to injury other than the contraction of a scheduled disease 5. Compensation, how paid and by whom 6. Workers engaged on business outside Malawi, etc. PART IIICOMPENSATION FOR INJURY CAUSED OTHERWISE THAN BY THE CONTRACTION OF A SCHEDULED DISEASE 7. Compensation in fatal cases 8. Compensation in the case of permanent total incapacity 9. Compensation in the case of permanent partial incapacity 10. Minister may prescribe maximum amounts of compensation payable under this Act PART IVCALCULATION AND DISTRIBUTION OF COMPENSATION 11. Method of calculating earnings 12. Persons entitled to compensation 13. Distribution of compensation PART VMEDICAL AID 14. Medical expenses 15. Decisions of the Board in regard to medical aid PART VICOMPENSATION FOR INJURY DUE TO THE CONTRACTION OF SCHEDULED DISEASES 16. Compensation where incapacity or death due to a scheduled disease 17. Employer’s liability to pay compensation in case of incapacity or death due to scheduled disease 18. Special provisions relating to incapacity or death due to scheduled diseases 19. Presumption as to cause of a scheduled disease 20. Right of worker to proceed against previous employer 21. Minister to amend Second Schedule 22. Pre-engagement clinical test for scheduled diseases PART VIIPROCEDURE FOR OBTAINING COMPENSATION 23. Requirements as to notice of injury and application for compensation 24. Employers to report injuries 25. Medical examination and treatment 26. Dependants of deceased worker PART VIIIESTABLISHMENT OF THE BOARD 27. Establishment and composition of the Board 28. Tenure of office of the members of the Board and vacancies thereon 29. Remuneration of members of the Board 30. Secretary 31. Meeting of the Board 32. Committees of the Board 33. Functions of the Board 34. Regulations PART IXADMINISTRATION 35. Appointment of the Commissioner and other staff 36. Duties and functions of the Commissioner 37. Powers of inspection and investigation 38. Secrecy 39. Revision of compensation by the Commissioner 40. Powers of the Commissioner in respect of witness, etc. 41. Objections by workers or employers against decisions of the Commissioner 42. Objections on behalf of dependants in case of death of a worker 43. Formal inquiry by the Commissioner 44. Appeal against a decision of the Commissioner made under section 36 45. Suspension of obligation 46. Commissioner may state a case for High Court 47. Commissioner may submit tribunals decision to the High Court 48. Assessors 49. Applications for the Commissioner’s determination by interested parties 50. Enforcement of determinations of the Commissioner 51. Appeals to the High Court PART XAPPEAL 52. Establishment of the Workers’ Compensation Tribunal 53. Proceedings of the Workers’ Compensation Tribunal 54. Appeals to the Workers’ Compensation Tribunal 55. Powers of the Workers’ Compensation Tribunal 56. Appeals from the Workers’ Compensation Tribunal PART XIWORKERS’ COMPENSATION FUND 57. Establishment of the Workers’ Compensation Fund 58. Application of the Fund 59. Holding of assets of the Fund 60. Accounts and audit 61. Liability to assessment PART XIIGENERAL 62. Remedies against both employer and stranger 63. Proceedings independently of this Act 64. Provisions in case of bankruptcy of employer 65. Contracting out 66. Compensation not to be assigned, charged or attached 67. General penalty 68. Offences relating to records and returns 69. Other laws 70. Transitional First Schedule Second Schedule CHAPTER 55:03WORKERS’ COMPENSATION 7 of 2000G.N. 20/2011 An Act to provide for compensation for injuries suffered or diseases contracted by workers in the course of their employment or for death resulting from such injuries or diseases; to provide for the establishment and administration of a Workers’ Compensation Fund; and to provide for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Workers’ Compensation Act. 2. Meaning of “worker” In this Act, unless the context otherwise requires, “worker” means any person who has, whether before or after the commencement of this Act, entered into, or works under, a contract of service or apprenticeship with an employer in any employment, whether the contract is expressed orally or in writing or is implied: Provided that the following persons shall be excepted from the definition of “worker”— (a) a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer’s business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club; or (b) an outworker; (c) a tributer; (d) a member of the employer’s family living in the employer’s house; (e) a member of the armed forces of Malawi; or (f) any class of persons whom the Minister may, by notice published in the Gazette, declare…

CHAPTER 47:02BUSINESS REGISTRATIONCOOPERATIVE SOCIETIES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIREGISTRATION 3. Registrar and assistant registrars 4. Societies which may be registered 5. Conditions of registration 6. Application for registration 7. Registration of society 8. Indication of registration 9. Cancellation of registration 10. Amendment of by-laws of a registered society 11. Appeal to the Minister 12. Name of society to be different from others 13. Evidence of registration PART IIIRIGHTS AND LIABILITIES OF MEMBERS 14. Qualification for membership 15. Restriction on shareholding 16. Restriction on membership 17. Member not to exercise rights until due payment made 18. Restriction of membership in more than one society 19. Votes of members 20. Restriction on transfer of shares or interest PART IVDUTIES OF REGISTERED SOCIETIES 21. Address of society 22. Copy of the Act, regulations, by-laws, etc., to be open for inspection 23. Audit and annual returns and accounts 24. Qualifications of auditors 25. Estimates and expenditure 26. Voluntary amalgamation of societies 27. Transfer of assets and liabilities to another society 28. Voluntary division of a society PART VDUTIES AND PRIVILEGES OF SOCIETIES 29. Societies to be bodies corporate 30. By-laws to bind members 31. Contract with members 32. Imposition of fines upon members 33. Charge on produce and certain other materials and articles 34. Charge and set-off in respect of shares or interest of members 35. Share or interest not liable to attachment 36. Liability of past member 37. Liability of estate of deceased member 38. Transfer of interest or death of member 39. Registers and books of societies and copies thereof shall be received in evidence in certain circumstances 40. Restriction on the production of societies books 41. Power to remit or refund revenue PART VIPROPERTY AND FUNDS OF REGISTERED SOCIETIES 42. Restrictions on loan 43. Restrictions on borrowing 44. Restrictions on other transactions with non-members 45. Investments of funds 46. Dividend or bonus 47. Reserve and provident fund 48. Distribution of net balance PART VIINATIONAL COOPERATIVE EDUCATION FUND 49. Establishment of the Fund 50. Fund Committee 51. Account and Audit 52. Financial Year 53. Disbursement from the Fund 54. Holdings of the Fund PART VIIICHARGES BY SOCIETIES 55. Power to charge property 56. Registration of charges 57. Duty of society to register charges created by society 58. Duty of society to register charges existing on property acquired 59. Register of charges 60. Endorsement of certificate of registration on debentures 61. Entry of satisfaction 62. Rectification of register of charges 63. Registration of appointment of receiver 64. Copy of instrument creating charge to be kept by society 65. Society’s register of charges 66. Right to inspect copies of instruments creating charges and society’s register of charges PART IXSUPERVISION AND INSPECTION OF AFFAIRS 67. Production of cash and books of society 68. Ad hoc committee of inquiry 69. Inspection of books of indebted society 70. Cost of inquiry 71. Recovery of an award under section 70 PART XDISSOLUTION OF A REGISTERED SOCIETY 72. Cancellation of registration after inquiry or inspection 73. Cancellation for other reasons 74. Winding-up 75. Application of certain provisions of Companies Act 76. Effect of cancellation 77. Copy of order to be filed by Registrar 78. Appointment of liquidator 79. Powers of liquidator 80. Powers of Registrar in liquidation 81. Appeal against an order of a liquidator or the Registrar 82. Closure of liquidation 83. Commission of offence 84. Convicted officers not to be officers of a society 85. Offences PART XISURCHARGE AND ATTACHMENT 86. Powers of Registrar to surcharge officers, etc. 87. Appeal to Minister 88. Attachment of property PART XIISETTLEMENT OF DISPUTES 89. Settlement of dispute 90. Protection of arbitrator 91. Appeal to court from decision of the Minister PART XIIIREGULATIONS 92. Regulations PART XIVMISCELLANEOUS PROVISIONS 93. Remuneration of officers 94. Prohibition of the use of the word “Cooperative” 95. Offences and penalties 96. Penalty for soliciting violation of contracts 97. Application of other laws 98. Certain laws not to apply 99. Repeal and savings 36 of 1998G.N. 10/2000 An Act to consolidate the law relating to the constitution and regulation of cooperative societies and for other matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Cooperative Societies Act. 2. Interpretation In this Act, unless the context otherwise requires— “apex society” means a registered society under this Act, the membership of which is restricted to cooperative unions and includes a society established to serve the cooperative movement by providing facilities for banking, insurance and the supply of goods or services; “bonus” means a share of the surplus of a registered society divided among its members in proportion to the volume of business done with the society by them from which the surplus of the society was derived; “by-laws” means the registered by-laws…

CHAPTER 47:02BUSINESS REGISTRATION COOPERATIVE SOCIETIES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIREGISTRATION 3. Registrar and assistant registrars 4. Societies which may be registered 5. Conditions of registration 6. Application for registration 7. Registration of society 8. Indication of registration 9. Cancellation of registration 10. Amendment of by-laws of a registered society 11. Appeal to the Minister 12. Name of society to be different from others 13. Evidence of registration PART IIIRIGHTS AND LIABILITIES OF MEMBERS 14. Qualification for membership 15. Restriction on shareholding 16. Restriction on membership 17. Member not to exercise rights until due payment made 18. Restriction of membership in more than one society 19. Votes of members 20. Restriction on transfer of shares or interest PART IVDUTIES OF REGISTERED SOCIETIES 21. Address of society 22. Copy of the Act, regulations, by-laws, etc., to be open for inspection 23. Audit and annual returns and accounts 24. Qualifications of auditors 25. Estimates and expenditure 26. Voluntary amalgamation of societies 27. Transfer of assets and liabilities to another society 28. Voluntary division of a society PART VDUTIES AND PRIVILEGES OF SOCIETIES 29. Societies to be bodies corporate 30. By-laws to bind members 31. Contract with members 32. Imposition of fines upon members 33. Charge on produce and certain other materials and articles 34. Charge and set-off in respect of shares or interest of members 35. Share or interest not liable to attachment 36. Liability of past member 37. Liability of estate of deceased member 38. Transfer of interest or death of member 39. Registers and books of societies and copies thereof shall be received in evidence in certain circumstances 40. Restriction on the production of societies books 41. Power to remit or refund revenue PART VIPROPERTY AND FUNDS OF REGISTERED SOCIETIES 42. Restrictions on loan 43. Restrictions on borrowing 44. Restrictions on other transactions with non-members 45. Investments of funds 46. Dividend or bonus 47. Reserve and provident fund 48. Distribution of net balance PART VIINATIONAL COOPERATIVE EDUCATION FUND 49. Establishment of the Fund 50. Fund Committee 51. Account and Audit 52. Financial Year 53. Disbursement from the Fund 54. Holdings of the Fund PART VIIICHARGES BY SOCIETIES 55. Power to charge property 56. Registration of charges 57. Duty of society to register charges created by society 58. Duty of society to register charges existing on property acquired 59. Register of charges 60. Endorsement of certificate of registration on debentures 61. Entry of satisfaction 62. Rectification of register of charges 63. Registration of appointment of receiver 64. Copy of instrument creating charge to be kept by society 65. Society’s register of charges 66. Right to inspect copies of instruments creating charges and society’s register of charges PART IXSUPERVISION AND INSPECTION OF AFFAIRS 67. Production of cash and books of society 68. Ad hoc committee of inquiry 69. Inspection of books of indebted society 70. Cost of inquiry 71. Recovery of an award under section 70 PART XDISSOLUTION OF A REGISTERED SOCIETY 72. Cancellation of registration after inquiry or inspection 73. Cancellation for other reasons 74. Winding-up 75. Application of certain provisions of Companies Act 76. Effect of cancellation 77. Copy of order to be filed by Registrar 78. Appointment of liquidator 79. Powers of liquidator 80. Powers of Registrar in liquidation 81. Appeal against an order of a liquidator or the Registrar 82. Closure of liquidation 83. Commission of offence 84. Convicted officers not to be officers of a society 85. Offences PART XISURCHARGE AND ATTACHMENT 86. Powers of Registrar to surcharge officers, etc. 87. Appeal to Minister 88. Attachment of property PART XIISETTLEMENT OF DISPUTES 89. Settlement of dispute 90. Protection of arbitrator 91. Appeal to court from decision of the Minister PART XIIIREGULATIONS 92. Regulations PART XIVMISCELLANEOUS PROVISIONS 93. Remuneration of officers 94. Prohibition of the use of the word “Cooperative” 95. Offences and penalties 96. Penalty for soliciting violation of contracts 97. Application of other laws 98. Certain laws not to apply 99. Repeal and savings 36 of 1998G.N. 10/2000 An Act to consolidate the law relating to the constitution and regulation of cooperative societies and for other matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Cooperative Societies Act. 2. Interpretation In this Act, unless the context otherwise requires— “apex society” means a registered society under this Act, the membership of which is restricted to cooperative unions and includes a society established to serve the cooperative movement by providing facilities for banking, insurance and the supply of goods or services; “bonus” means a share of the surplus of a registered society divided among its members in proportion to the volume of business done with the society by them from which the surplus of the society was derived; “by-laws” means the registered…

CHAPTER 39:07MALAWI REVENUE AUTHORITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE MALAWI REVENUE AUTHORITY 3. Establishment of the Authority 4. Functions of the Authority 5. Powers of the Authority 6. Taxpayer identification and exchange of information 7. Duty of the Minister to determine fiscal policies, etc. PART IIIESTABLISHMENT OF THE BOARD OF THE AUTHORITY 8. Establishment of the Board 9. Vacation of members from office 10. Meetings of the Board 11. Disclosure of interest 12. Invited persons 13. Committees of the Board 14. Remuneration and expenses of members 15. Powers of the Board 16. Exemptions, etc. PART IVADMINISTRATION OF THE AUTHORITY 17. Appointment of Commissioner-General and Deputy Commissioner-General 18. Appointment of revenue commissioners, etc. PART VFINANCIAL PROVISIONS 19. Revenue to be paid into the Consolidated Fund 20. Funds of the Authority 21. Books and other records of accounts and audit 22. Annual reports 23. Financial year PART VIMISCELLANEOUS PROVISIONS 24. Confidentiality 25. Exemption from personal liability 26. Regulations 27. Vesting of assets, liabilities, etc. 28. Construction and modification of other written laws SCHEDULE 14 of 199826 of 200420 of 2022G.N. 4/200020/200124/200221/20079/201514/2015 An Act to provide for the establishment of the Malawi Revenue Authority as a main body responsible for the assessment and collection, on behalf of the Government, of specified revenue; for the administration and enforcement of laws relating to such revenue; and to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi Revenue Authority Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Malawi Revenue Authority established under section 3; “Board” means the Board of the Authority established under section 9; “Chairman” means the Chairman of the Board designated as such under section 9 (2); “Commissioner-General” means the Commissioner-General of the Authority appointed under section 17 (1); “Deputy Commissioner-General” means the Deputy Commissioner-General of the Authority appointed under section 17 (11); “member” means a member of the Board; “revenue” means the taxes, duties, fees, fines or other monies imposed by or collected under the written laws, or the specified provisions of the written laws, set out in the Schedule. Schedule PART IIESTABLISHMENT OF THE MALAWI REVENUE AUTHORITY 3. Establishment of the Authority There is hereby established a body to be known as the Malawi Revenue Authority (in this Act otherwise referred to as the “Authority”) which shall be— (a) a body corporate with perpetual succession and a common seal; (b) in its corporate name, capable of suing and being sued; (c) capable of holding, purchasing and otherwise acquiring and disposing of any property, moveable and immoveable, for purposes of, or in the course of carrying out its functions; and (d) doing or performing all such acts and things as bodies corporate may by law do or perform. 4. Functions of the Authority (1) The Authority shall be an agency of the Government responsible for the assessment, collection and receipt of specified revenue, and shall be accountable to and operate under the general supervision of the Minister. (2) Without prejudice to the generality of the foregoing, the functions of the Authority shall be— (a) to administer and enforce the laws or the specified provisions of the laws set out in the Schedule; (b) to promote voluntary tax compliance to the highest degree possible; (c) to take such measures as may be required to improve the standards of service given to taxpayers with a view to improving efficiency and effectiveness and maximizing revenue collection; (d) to take such measures as may be required to counteract tax fraud and other forms of fiscal evasion; (e) to advise the Minister on matters of revenue policy and matters relating to the administration and collection of revenue under the laws listed in the Schedule; and (f) to perform such other functions in relation to revenue as the Minister may direct. (3) The Minister may, by notice published in the Gazette, amend the Schedule. 5. Powers of the Authority The Authority shall, in the discharge of its functions, have power— (a) to study revenue laws and identify amendments which may be made to any law for the purpose of improving the administration of, and compliance with, revenue laws; (b) to study the administrative costs, compliance costs and the operational impact of intended legislative changes, and to advise the Minister accordingly; (c) to collect and process statistics needed to provide forecasts of revenue receipts and the effect on yield of any proposals for changes in revenue laws, and to advise the Minister accordingly; and (d) to take such other measures as the Authority deems necessary or desirable for the achievement of the purposes or provisions of this Act. 6. Taxpayer identification and exchange of information (1) The Authority shall, with the approval…

CHAPTER 55:06TECHNICAL, ENTREPRENEURIAL VOCATIONAL EDUCATION AND TRAINING ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIOBJECTIVES OF TECHNICAL EDUCATION AND TRAINING 3. Objectives of technical education and training PART IIIESTABLISHMENT OF TECHNICAL, ENTREPRENEURIAL AND VOCATIONAL EDUCATION AND TRAINING AUTHORITY OF MALAWI 4. Establishment of Authority 5. Functions of the Authority PART IVESTABLISHMENT OF BOARD OF THE AUTHORITY 6. Establishment of Board of the Authority 7. Vacation of members from office 8. Meetings of the Board 9. Invited persons 10. Remuneration and expenses of members, etc. 11. Powers of the Board 12. Establishment of Technical Qualification Committee 13. Functions of Technical Qualification Committee 14. Establishment of Trade Advisory Committees 15. Functions of Trade Advisory Committees 16. Other committees of the Board 17. Designation of Resource Centres PART VMANAGEMENT 18. Appointment of Executive Director 19. Appointment of other officers and staff PART VITECHNICAL, ENTREPRENEURIAL AND VOCATIONAL EDUCATION AND TRAINING PAYROLL-LEVY 20. Technical, Entrepreneurial and Vocational Education and Training Payroll-Levy 21. Penalty upon failure to pay levy 22. Summary recovery of unpaid levy, etc. 23. Exemption from levy 24. Collection of levy 25. Maintenance of basic payroll by employers 26. False information, etc., to evade levy 27. Designation of inspectors PART VIIESTABLISHMENT OF TECHNICAL, ENTREPRENEURIAL AND VOCATIONAL EDUCATION AND TRAINING FUND 28. Establishment of Technical, Entrepreneurial and Vocational Education and Training Fund 29. Resources of the Fund 30. Management and auditing of the Fund PART VIIIFINANCIAL PROVISIONS 31. Funds of the Authority 32. Books and other records of accounts and audit 33. Annual report 34. Financial year PART IXMISCELLANEOUS PROVISIONS 35. Exemption from personal liability 36. Regulations PART XTRANSITIONAL PROVISIONS 37. Vesting of assets, liabilities, etc. 38. Repeal and savings 6 of 1999G.N. 24/1999 An Act to provide for the promotion and co-ordination of technical, entrepreneurial and vocational education and training; the establishment of the Technical, Entrepreneurial and Vocational Education and Training Authority of Malawi; the establishment of a Technical, Entrepreneurial and Vocational Education and Training Fund, the payment into the Fund of periodical contributions levied on employers and the application of the Fund towards defraying various costs and expenses relating to technical education and training; and further to provide for matters incidental to or connected with the forgoing PART IPRELIMINARY 1. Short title This Act may be cited as the Technical, Entrepreneurial and Vocational Education and Training Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Technical, Entrepreneurial and Vocational Education and Training Authority of Malawi established under section 4; “basic payroll” means the total basic annual emoluments paid by an employer to employees; “Board” means the Board of the Authority established under section 6; “Chairman” means Chairman of the Board elected pursuant to section 6; “Committee” means a committee of the Board established under section 16; “Executive Director” means the Executive Director of the Authority appointed under section 18; “Fund” means the Technical, Entrepreneurial and Vocational Education and Training Fund established under section 28; “levy” means the Technical Entrepreneurial and Vocational Education and Training Payroll-Levy imposed under section 20; “member” means a member of the Board appointed as such under section 6; “Resource Centre” means a Resource Centre designated as such under section 17; “technical education and training” means technical, entrepreneurial and vocational education and training; “Technical Qualification Committee” means the Technical Qualification Committee of the Authority established under section 12; “Trade Advisory Committee” means a Trade Advisory Committee established under section 14. PART IIOBJECTIVES OF TECHNICAL EDUCATION AND TRAINING 3. Objectives of technical education and training The technical education and training to be carried out under this Act shall have the following broad objectives— (a) to promote an integrated, demand-driven, competency based modular technical education and training system; (b) to monitor gaps between supply and demand for skills; (c) to support the adoption and application of appropriate technologies; (d) to promote managerial and business skills, and a spirit of entrepreneurial culture with regard to both wage and self-employment; (e) to facilitate sound and sustainable financing and funding mechanisms for technical education and training; and (f) to facilitate and bring together the expertise and moderate the different interests of stakeholders of technical education and training. PART IIIESTABLISHMENT OF TECHNICAL, ENTREPRENEURIAL AND VOCATIONAL EDUCATION AND TRAINING AUTHORITY OF MALAWI 4. Establishment of Authority (1) There is hereby established a body to be known as the Technical, Entrepreneurial and Vocational Education and Training Authority of Malawi (in this Act otherwise referred to as the “Authority”) which shall be— (a) a body corporate with perpetual succession and a common seal; (b) in its corporate name, capable of sueing and being sued; (c) capable of holding, purchasing and otherwise acquiring and disposing of any property, moveable or immoveable, for the purposes, or in the course, of carrying out its functions; and (d) subject to this Act,…

CHAPTER 22:01LOCAL GOVERNMENT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IILOCAL GOVERNMENT Division 1Objectives and Areas 3. Objectives of Local Government 4. Local Government areas Division 2Constitution and Functions 5. Composition of the Council 6. Functions of the Council 7. Chairman and Vice-Chairman of the Council 8. Procedure at meetings of the Council 9. Mayor and Deputy Mayor 10. Elected members 11. Designation of Head of the Council PART IIIPROCEEDINGS OF THE COUNCIL 12. Disclosure of Interest 13. Procedure PART IVDISCHARGE OF FUNCTIONS 14. Service committees 15. Delegation to committees, etc. 16. Appointment of committees 17. Expenses of joint committees 18. Disability from voting on account of pecuniary interests 19. Standing Orders 20. Monitoring of Council decisions 21. Prohibition orders 22. Evidence of resolution 23. Admission to meetings PART VPOWERS OF THE COUNCIL 24. General powers 25. Staff regulations 26. Remuneration of officers 27. Secondment of public officers 28. Secondment and exchange of staff 29. Security in relation to officers 30. Appointments to be on merit 31. Members not to be employees 32. Disclosure of interest by employees, etc. 33. Oath of secrecy 34. Acquisition of land by agreement 35. Disposal of land 36. 37. Supply of goods and services 38. Contracts 39. Contributions to concurrent expenditure 40. Powers in respect of emergencies or disasters 41. Acceptance of gifts of property 42. Provision of information 43. Subscription to associations PART VIFINANCIAL PROVISIONS 44. Sources of revenue 45. Secretariat of the Local Government Finance Committee 46. General fund and special funds 47. Council to open bank account 48. Overdrafts 49. Power to borrow 50. Investment of funds 51. Annual and supplementary estimates 52. Reallocation of approved estimates 53. Accounts 54. Audit of accounts 55. Local Government Finance Committee may disallow or surcharge 56. Power of Minister to give financial instructions 57. External assistance 58. Assistance from Non-Governmental Organizations 59. Financial year 60. Superannuation and retirement provisions PART VIIVALUATION AND RATING 61. Application 62. Definitions 63. Assessable property 64. Levy of fixed sums 65. Preparation of valuation rolls 66. Supplementary valuation 67. Valuer 68. Method of valuation 69. Supplementary valuation roll to be part of main roll 70. Alteration of valuation roll 71. Correction of entry 72. Effective date of supplementary valuation roll 73. Powers of entry 74. Provision of information to valuer 75. Deposit of valuation roll 76. Objection to valuation roll 77. Valuation rolls to be conclusive evidence 78. Payment of rates pending the hearing of an objection or an appeal 78A. Valuation Tribunal 78B. Proceedings of a valuation Tribunal 78C. Consideration of objectives by the Valuation Tribunal 79. Duty to levy rates 80. Period of rates 81. Date on which rate is payable 82. Notice of rate 83. Remission of rate 84. Exempted properties 85. Government to pay rates 86. Payment of rates 87. Liability for rates 88. Rates records 89. Evidence of rates 90. Rate to be a charge upon the property 91. Seizure of property in default PART VIIIGENERAL PROVISIONS RELATING TO THE COUNCIL 92. Legal proceedings 93. Documents and notices, etc. 94. Inspection of documents 95. Copies of documents 96. Reports and returns 97. Service of notices on the Council 98. Public notices 99. Service of notices by the Council 100. Authentication of documents 101. Powers of entry 102. Obstruction of officers on duty 103. By-laws 104. Procedure for by-laws 105. Offences against by-laws 106. Evidence of by-laws 107. Computation of time PART IXMISCELLANEOUS PROVISIONS 108. Status 109. Honorary appointments 110. Inquiries 111. Transfer of staff 112. Penalties 113. Expenses 114. Repeal and savings Schedules First Schedule Local Government Areas Second Schedule Additional Functions of the CouncilThird Schedule Sources of Revenue for the Council An Act to amend and consolidate the law relating to local government and to provide for the matters connected therewith or incidental thereto. 42 of 1998 5 of 2001 17 of 2010 10 of 2017 G.N. 8/1999 59/2000 67/2017 PART IPRELIMINARY 1. Short title This Act may be cited as the Local Government Act. 2. Interpretation In this Act, unless the context otherwise requires— 17 of 2010 “Council” means a Council specified in the second column of the First Schedule; “Immediate family member”, in relation to any person, means that person’s spouse, child, parent, brother or sister; 10 of 2017 “local government authority” means a District Council, Town Council, Municipal Council or City Council constituted under this Act; “Local government area” means an area under the jurisdiction of a District Council, Municipal Council or City Council. PART IILOCAL GOVERNMENT AREAS Division 1Objectives and Areas 3. Objectives of local government The objectives of local government shall be to further the constitutional order based on democratic principles, accountability, transparency and participation of the people in decision-making and development processes. 4. Local government areas (1) For the administration of local…