Category: Principal Legislation

CHAPTER 52:02IODIZATION OF SALT ARRANGEMENT OF SECTIONS SECTION 1. Short title and commencement 2. Interpretation 3. Salt to be iodized 4. Registration 5. Restriction on iodization of salt 6. Inspection 7. Offences and penalties 8. Regulations 10 of 1995G.N. 3/1999 An Act to control the iodization of common salt and for matters incidental thereto and connected therewith 1. Short title This Act may be cited as the Iodization of Salt Act. 2. Interpretation In this Act, unless the context otherwise requires— “iodize” means to treat salt with iodine or a compound of iodine; “salt” means salt in any form commonly used for domestic purposes or in the manufacture or processing of food for human or animal consumption. 3. Salt to be iodized (1) Salt shall, before it is sold or distributed to the public or used in the manufacture or processing of food for human or animal consumption, be iodized to such specification as the Minister may, by Order published in the Gazette, prescribe. (2) The Order made under subsection (1) may further prescribe the manner of labelling, packaging, storing, transporting or otherwise treating iodized salt. 4. Registration Every person who is engaged in the business of salt iodization in accordance with this Act shall register such particulars thereof as the name and address of the business and every change thereof and for this purpose the Minister shall keep and maintain an appropriate register. 5. Restriction on iodization of salt (1) No person shall iodize salt or permit or cause any other person to iodize salt nor continue to do so after the expiry of a period of ninety days from the date of commencement of this Act otherwise than in accordance with this Act and unless that person is registered under section 4. (2) The Minister may, once only, extend the period prescribed in subsection (1) by a further period not exceeding a period so prescribed and shall cause notice of the extension to be published in the Gazette. 6. Inspection (1) The Minister may in writing appoint any public officer to be an inspector for the purposes of this Act. (2) Every inspector shall be furnished with a certificate verifying his appointment and authorizing him to exercise the powers conferred on an inspector. (3) When an inspector seeks to exercise power conferred under this Act, he shall, if requested by any person in relation to whom the power is sought to be exercised, produce to that person his certificate issued under subsection (2). (4) An inspector may, for the purposes of this Act— (a) without previous notice, at any time during business hours, enter upon any premises in or upon which any salt is or is reasonably suspected to be iodized or intended to be sold or distributed to the public; (b) inspect and take samples of any such salt or any material or substance in or on such premises used or suspected to be intended for use in the iodization of salt and open any package or container in or on such premises which contains, or he reasonably suspects to contain, any quantity of any such salt, material or substance; (c) inspect any operations carried out in or upon any such premises in connexion with the iodization of salt; (d) at any time require any person to produce there and then or at a time and place to be fixed by the inspector any book, notice, record, list or other document which relates to the iodization, sale or distribution of salt and is in the possession or custody, or under the control, of that person or of any other person on his behalf; (e) examine any such book, notice, record, list or document and make copies of, or take extracts from any such book, notice, record, list or document which relates to the iodization, sale or distribution of salt and require from any person an explanation of any entries therein and seize any such book, notice, record, list or document which, in the opinion of the inspector, may afford evidence of any offence under this Act; (f) in regard to any matter which is being investigated by the inspector, question, either alone or in the presence of any other person, as the inspector thinks fit, every person whom he finds on the premises which he has entered under this subsection or who he has reasonable grounds for believing is, or has been employed on any such premises, or is in possession, custody or control of anything referred to in this subsection; (g) order any person referred to in paragraph (d), (e) or (f) to appear before him at a time and place fixed by him, and at such time and place question that person concerning any matter which is being investigated by him pursuant to this Act.…

CHAPTER 66:05FISHERIES CONSERVATION AND MANAGEMENT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION 3. Director of Fisheries and fisheries protection officers 4. Honorary fisheries officers 5. Fisheries Advisory Board 6. Functions of the Board PART IIILOCAL COMMUNITY PARTICIPATION 7. Purposes of this Part 8. Fisheries management agreement 9. Minister may make rules PART IVREGISTRATION OF LOCAL REGISTRABLE FISHING VESSELS 10. Registration of registrable local fishing vessels 11. Control of fishing by registrable local fishing vessels PART VFOREIGN FISHING VESSELS 12. Fishing by foreign fishing vessels prohibited without a licence 13. Notification of fish on board by foreign fishing vessels entering fishing waters PART VIFISHING LICENCES, CONDITIONS AND OTHERS CONTROLS 14. Prohibition of commercial fishing without a licence 15. Grant of fishing licences and conditions relating thereto 16. Illegal holding of fish 17. Stowage of gear 18. Transhipment and export of fish PART VIISPECIAL, ARRANGEMENTS 19. Fisheries research permits, etc. PART VIIIAQUACULTURE 20. Establishment and operation of aquaculture establishment 21. Aquaculture permits PART IXFISHERIES FUND 22. Establishment of Fisheries Fund 23. Fund to vest in Minister 24. Advances to the Fund 25. Objects of the Fund 26. Application of the Fund 27. Books and other records of account, audit and reports of the Fund 28. Holdings of the Fund 29. Financial year PART XENFORCEMENT 30. General powers of fisheries protection officers relating to fishing vessels 31. Powers of inspection 32. Powers of search, seizure, demolition and arrest 33. Warrant to enter a dwelling place 34. Fisheries protection officer to give receipt 35. Control of weirs 36. Powers of fisheries protection officers and convention fisheries officers to enforce conventions 37. Indemnity 38. Security for release of fishing vessel 39. Disposal of seized fish and other perishables 40. Persons arrested, etc., to be brought before Court PART XIPROHIBITIONS AND OFFENCES 41. Prohibition of transfer, etc., of fish 42. Prohibited fishing methods 43. Pollution, etc., of rivers, streams, lakes or other parts of the fishing waters 44. Obstruction, etc., of fisheries protection officers 45. Offences, penalties and proceedings PART XIICOURT PROCEEDINGS, ADMINISTRATIVE PROCEEDINGS AND PENALTIES 46. Jurisdiction of magistrates courts 47. Convention offences 48. Liability of members of companies, etc. 49. Forfeiture of licence, permit or registration 50. Administrative penalties 51. Detention or forfeiture of fishing vessel on failure to pay fine PART XIIIINTERNATIONAL CO-OPERATION IN FISHERIES 52. Fisheries access agreements 53. Cross-border management 54. Regional fora 55. Implementation of agreements PART XIVMISCELLANEOUS 56. Applications, fees and charges 57. Suspension or cancellation of registrations, licences or permits 58. Appeals against suspension, cancellation or variation of registrations, licences or permits 59. Fishing districts and district fees 60. Statistical information 61. Regulations 62. Repeal and Savings 63. Transitional 25 of 1997G.N. 77/1997 An Act to make provision for the regulation, conservation and management of the fisheries of Malawi and for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Fisheries Conservation and Management Act. 2. Interpretation In this Act, unless the context otherwise requires— “aquaculture establishment” means any area, enclosure, impoundment, premise or structure set up or used on or in land or water for the cultivation of freshwater fish and includes any cage or raft or other structure used for the cultivation of fish; “Board” means the Fisheries Advisory Board established under section 5; “commercial fisherman” means— (a) in the case of an individual, a person who is engaged or intends to engage in fishing for sale throughout the year or a specified season or part of a season each year and who relies on his fishing activities for part of his income; or (b) in the case of a corporate body or association of persons, one that has an appreciable investment in the fishing industry or intends to make one; “commercial fishing” means, taking fish for sale; “convention” includes a treaty, agreement or other arrangement; “convention area” means, in relation to any bilateral or multilateral convention, the area to which the convention relates; “convention fisheries officer” means a person appointed by the government of another country to enforce, or having power under the laws of another country to enforce, a convention that provides for the safeguarding or conduct of fishing operations or operations ancillary thereto to which Malawi is a party; “convention fishing vessel” means a fishing vessel registered in a country which is a party to a convention to which Malawi is also a party; “Director” means the Director of Fisheries appointed pursuant to section 3; “fish” means any vertebrate fish or any aquatic crustacean, mollusc or other shellfish or other coldblooded aquatic animal, whether alive or dead, and their young, fry, eggs or spawn and shells and parts thereof but does not include any reptile; “fisheries protection officer” means the Director and any of the fisheries protection officers…

CHAPTER 3:08HUMAN RIGHTS COMMISSION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIMEMBERSHIP OF THE COMMISSION 3. Number of appointed members 4. Procedure for nominating appointed members 5. Tenure of appointed members 6. Chairman of the Commission 7. Remuneration 8. Committees 9. Co-opted persons PART IIICOMPETENCE AND RESPONSIBILITIES OF THE COMMISSION 10. Provisions in furtherance of the Constitution 11. Commission, an independent national institution 12. Competence and powers 13. Duties and functions 14. Responsibilities 15. Methods of operation PART IVHEARINGS, INVESTIGATIONS AND REMEDIES 16. Hearings 17. Procedure for hearings 18. Conduct of investigations 19. Entry and search of premises and attachment or removal of articles 20. Entry and search warrant 21. Order of attachment and removal 22. Remedies PART VMEETINGS 23. Meetings 24. Chairmen of committee 25. Minutes 26. Decisions PART VIADMINISTRATION 27. Regular supervision 28. Executive Secretary 29. Duties of the Executive Secretary 30. Other staff 31. Attendance of meetings by staff PART VIIFINANCE 32. Funding of the Commission 33. Accounting and audit PART VIIIMISCELLANEOUS 34. Impartiality and independence 35. Disclosure of interest 36. Oath of office 37. Annual reports to Parliament 38. Regulations SCHEDULE 27 of 199821 of 2016G.N. 16/2001 An Act to make provision relating to the status and functioning of the Human Rights Commission established under Chapter XI of the Constitution and to provide for matters ancillary thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Human Rights Commission Act. 2. Interpretation In this Act, unless the context otherwise requires— “appointed members” means members of the Commission appointed under section 131 (1) (c) of the Constitution, being those other than the Law Commissioner and the Ombudsman; “Commission” means the Human Rights Commission established under Chapter XI of the Constitution; “Executive Secretary” means the officer of the Commission appointed under section 28; “human rights” means human rights guaranteed by or under the Constitution or any other law in force in Malawi, including international law; “premises” includes land, any building or structure, any vehicle, conveyance, ship, boat, vessel, aircraft or container. PART IIMEMBERSHIP OF THE COMMISSION 3. Number of appointed members The number of other members of the Commission appointed under section 131 (1) (c) of the Constitution (in this Act referred to as “appointed members”) shall not exceed seven at any one time unless the President, on the recommendation of the Commission, by Order published in the Gazette, prescribes a greater number of appointed members. G.N. 16/2001 4. Procedure for nominating appointed members (1) The procedure for nominating appointed members shall involve first the issuing of a public advertisement, signed jointly by the Law Commissioner and the Ombudsman, directed to the organizations described in section 131 (1) (c) of the Constitution, being those which both the Law Commissioner and the Ombudsman, in their absolute discretion, consider to be reputable organizations representative of Malawian society and that are wholly or largely concerned with the promotion of rights and fundamental freedoms guaranteed by the Constitution. (2) The advertisement under subsection (1) shall invite all appropriate organizations to nominate up to two persons who are independent, non-partisan and of high integrity and standing from within or outside the organization for appointment as member or members of the Commission, and to do so within thirty days of the date of the publication of the advertisement and in writing addressed to the Commission, giving the full name and address of any person so nominated and his curriculum vitae. (3) The Law Commissioner and the Ombudsman shall— (a) jointly assess the reputation of the nominating organizations and may, for that purpose, seek other or further information pertaining to any nominated person from the person himself or any other person or source before recommending who among the nominated persons shall be formally appointed by the President as members of the Commission; (b) according to their assessment under paragraph (a), keep a list of reserved names of nominated persons to be appointed to fill any casual vacancy for the remainder of the term of a member who vacates office before the expiry of the term prescribed in section 5 (1). (4) A list of the names of nominating organizations, the names of the persons nominated and the names of the persons formally appointed by the President and the resultant membership of the Commission shall be published in the Gazette. 5. Tenure of appointed members (1) Appointed members of the Commission shall hold office for a term of three years, and shall be eligible for re-appointment. (2) when making recommendations for appointment after the expiry of the three-year term, the Law Commissioner and the Ombudsman shall have regard to the need to maintain a reasonable degree of continuity on the membership of the Commission, so that at least half of the appointed members shall be…

CHAPTER 2:03MALAWI ELECTORAL COMMISSION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IISTATUS AND MEMBERSHIP OF THE COMMISSION 3. Legal personality and capacity of the Commission 4. Appointment of members of the Commission 5. Eligibility for appointment to the Commission 6. Independence of the Commission 7. Committees of the Commission PART IIIFUNCTIONS AND POWERS OF THE COMMISSION 8. Functions and powers of the Commission 9. Delegation of powers and functions 10. Vacancy in the membership of the Commission PART IVMEETINGS OF THE COMMISSION 11. Meetings of the Commission PART VMANAGEMENT 12. Appointment of Chief Elections Officer 13. Appointment of staff of the Commission 14. Vacancy where employee becomes candidate in the elections PART VIFINANCIAL PROVISIONS 15. Funds of the Commission 16. Books and other records of accounts, audit and reports of the Commission 17. Holdings of funds of the Commission 18. Financial year PART VIIMISCELLANEOUS 19. Duty to cooperate 20. Legal representation 21. Publicity 21A. Provision of voter education 21B. Accreditation by the Commission 21C. Accreditation to provide voter education 21D. Code of conduct for accredited voter education providers 21E. Failure to comply with the code etc. 22. Regulations PART VIIITRANSITIONAL PROVISIONS 23. Savings 24. Transfer of assets, etc. 11 of 199816 of 201011 of 201332 of 201811 of 2023G.N. 25/2023 An Act to make provision for the appointment of members of the Malawi Electoral Commission; for the establishment of a Secretariat for the Malawi Electoral Commission; and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi Electoral Commission Act. 11 of 2023 2. Interpretation In this Act, unless the context otherwise requires, the several words and expressions used in this Act shall have the same meanings assigned to them in the Constitution and the Presidential, Parliamentary and Local Government Elections Act and the following additional words shall have the following meaning— 32 of 2018 11 of 2023 32 of 2018 “Chairman” means the Chairman of the Commission; “Chief Elections Officer” means the Chief Elections Officer appointed under section 12; 32 of 2018 “Commission” means the Malawi Electoral Commission established under section 75 (1) of the Constitution. PART IISTATUS AND MEMBERSHIP OF THE COMMISSION 3. Legal personality and capacity of the Commission The Commission shall be a body corporate with perpetual succession and a common seal and be capable of— (a) acquiring, holding and disposing of real and personal property; (b) suing and being sued in its own name; and (c) doing or performing all such acts and things as bodies corporate may by law do or perform. 32 of 2018 11 of 2023 4. Appointment of members of the Commission (1) The President shall, subject to section 75 of the Constitution and in accordance with subsections (2), (3) and (4), appoint suitably qualified persons to be members of the Commission on such terms and conditions as the Public Appointments Committee of Parliament shall determine. 32 of 2018 (2) Leaders of political parties represented in the National Assembly which secured more than one-tenth of the national vote in election to that Parliament, shall submit to the President a maximum of three persons as the political parties nominees as members of the Commission provided that where the President notes that all nominees used for such adequate number as is required under subsection (3), are not qualified under the Constitution for this Act to hold office as a Commissioner, the President shall return the names to nominating political parties within a reasonable time and in any event before appointing the members of the Commission and the nominating political party shall resubmit a final list of nominees within seven days of receipt of such notification. 32 of 2018 (3) Upon receipt of the nominees, as provided under subsection (2), the President shall appoint members of the Commission from the nominees in proportion to the nominating political parties representation in the National Assembly as determined by the previous General Elections. 32 of 2018 (4) In the event a vacancy in the membership of the Commission before the expiry of the term of a Commissioner, the President shall notify the political party that nominated the Commissioner whose office has fallen vacant to submit a minimum of three names within fourteen days of the notification and the President shall appoint a Commissioner from those names within a reasonable time, provided that provision to subsection (2), shall apply to this subsection mutatis mutandis. 32 of 2018 (5) The remuneration and any allowance of a member of a Commission, may not be reduced during his period of office without his consent, and may be increased at such intervals as the Public Appointments Committee of Parliament may determine. 32 of 2018 (6) Subject to the Constitution, a member of the Commission may be removed…

CHAPTER 3:09LAW COMMISSION ARRANGEMENT OF SECTIONS PART IPRELIMINARY 1. Short title 2. Interpretation PART IISTAFF OF THE COMMISSION 3. The Law Commissioner 4. Other staff of the Commission 5. Other members of the Commission PART IIIFUNCTIONS OF THE COMMISSION 6. Functions 7. Duties 8. Powers PART IVREPORTS OF THE COMMISSION 9. Publication of reports 10. Laying of reports in Parliament 11. Reference of reports to other Ministers 12. Promulgation of draft legislation recommended by the Commission 13. Comments by Cabinet, etc. PART VFINANCIAL PROVISIONS 14. Funding of the Commission 15. Accounting and auditing PART VIMISCELLANEOUS 16. Regulations 13 of 1998 An Act to make provision for the functional operation of the Law Commission established under Part XII of the Constitution and for matters connected therewith or ancillary thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Law Commission Act. 2. Interpretation In this Act, unless the context otherwise requires— “Commission” means the Law Commission established under Chapter XII of the Constitution; “Law Commissioner” means the officer designated and appointed as such under section 133 of the Constitution; “matter” in relation to the work of the Commission, means a matter within the competence of the Commission under the Constitution or this Act; “programme” means a programme of the work of the Commission prepared and published under section 7 (a); “report” means a report of the findings and recommendations of the Commission required by section 135 (d) of the Constitution to be submitted to the Minister and to be published and laid in Parliament by him. PART IISTAFF OF THE COMMISSION 3. The Law Commissioner The Law Commissioner shall be paid such salary and allowances and shall be entitled to such benefits as Parliament shall determine. 4. Other staff of the Commission (1) There shall be employed in the service of the Commission, subordinate to the Law Commissioner, such other support staff as the Commission shall consider necessary for the performance and exercise of the functions, duties and powers of the Commission, and who shall be officers in the public service appointed by the Commission. (2) Such of the professional or specialized staff of the Commission as the Commission shall specify shall be appointed on such terms and conditions of service as Parliament may approve. 5. Other members of the Commission Members of the Commission, other than the Law Commissioner, appointed under section 133 (1) (b) of the Constitution shall receive such remuneration as Parliament shall specially or generally approve on the recommendation of the Commission, but such members shall not, by reason only of their appointment as such, be deemed to be officers in the public service. PART IIIFUNCTIONS OF THE COMMISSION 6. The functions of the Commission, in addition to those conferred by the Constitution, shall be— (a) to review the Laws of Malawi with a view to the systematic development and reform of the law, including, in particular— (i) the modernization of the laws by bringing them into accord with current national and international conditions and norms; (ii) the elimination from the laws of any defects, whether of a procedural, substantive or policy nature; (iii) the simplification of the laws; (iv) the recommendation of new or more effective methods and procedures for the administration of the laws; (b) to make recommendations for the fusion or harmonization of customary law with other laws of Malawi; (c) to make recommendations for the codification of any branch of the law or of any customary law; and (d) to promote awareness of the laws and the Constitution by the public and by departments of the Government and other authorities or bodies. 7. Duties (1) In pursuance of its powers and functions under the Constitution and this Act, the Commission— (a) shall, from time to time, prepare programmes of its work for any specified period not exceeding a calendar year setting out, in an order of priority, matters for its consideration and shall publish a notice of any such programme in the Gazette; (b) may invite the Attorney General, on behalf of the Government, or any Minister to refer to the Commission any matter for inclusion in its programme to be prepared and published under paragraph (a); (c) may conduct a public inquiry into any matter relating to law reform or development and, for the purposes of such inquiry, the Commission shall have the same powers as commissioners appointed under the Commissions of Inquiry Act; (d) may invite or receive from any person or body proposals or submissions pertaining to any matter relating to law reform or development for its consideration; (e) may, for purposes of considering any matter relating to law reform or development, consult any person or body or conduct public or national consultation whether by circulation of working papers setting forth preliminary views on the matter or…

CHAPTER 69:01ROAD TRAFFIC ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIREGISTERING AUTHORITY AND OFFICERS 3. Appointment of Director of Road Traffic 4. Appointment of officers 5. Establishment of Committee for Road Traffic Law Enforcement 6. Determination and enforcement of national policy on road traffic law enforcement 7. Powers and duties of an examiner 8. Powers and duties of a traffic police officer 9. Failure to comply with instruction or direction of an authorized officer 10. Impersonating authorized officer or inducing any such officer not to perform his duty PART IIIREGISTRATION AND LICENSING OF MOTOR VEHICLES 11. Registration and licensing of motor vehicles 12. Previous registration deemed to be registration under this Act PART IVREGISTRATION OF MANUFACTURERS, BUILDERS AND IMPORTERS 13. Application for registration and registration of manufacturer, builder and importer 14. Suspension and cancellation of registration of manufacturer, builder or importer 15. Manufacturer, builder or importer to register motor vehicles 16. Right of appeal to Minister 17. Appointment of inspector of manufacturers, builders and importers PART VLICENSING OF DRIVERS, ISSUING PROFESSIONAL DRIVING PERMITS AND HOURS OF DRIVING 18. Driver of motor vehicle to be licensed 19. Licence to drive 20. Prescribing, classification and extent of learner’s or driver’s licence 21. Disqualification from obtaining or holding learner’s or driver’s licence 22. Failure to disclose disqualification in respect of licence authorizing driving of motor vehicle 23. Application for and issue of learner’s licence 24. Application for and issue or renewal of driver’s licence 25. Power of Director in respect of examination and testing of applicant for learner’s or driver’s licence 26. Holder of licence to drive motor vehicle shall give notice of change of particulars 27. Right of appeal to Director 28. When licence not issued in terms of this Act deemed to be driver’s licence 29. Suspension or cancellation by Director of learner’s or driver’s licence 30. Lapsing of endorsement on licence 31. Cancellation or amendment of endorsement on licence 32. Driving instructor to be licensed 33. Application for driving instructor’s licence 34. Licence and classification of driving instructor 35. Suspension and cancellation of driving instructor’s licence 36. Right of appeal to Minister 37. Driving school to be licensed 38. Application for driving school licence 39. Licence and classification of driving schools 40. Suspension and cancellation of driving school licence 41. Right of appeal, to Minister 42. Learner’s or driver’s licence issued contrary to provisions of this Part to be void 43. Use of learner’s or driver’s licence by another person prohibited 44. Unlicensed driver not to be employed or permitted to drive motor vehicle 45. Permit required by professional driver 46. Prescribing of classification and extent of professional driving permit 47. Application for professional driving permit 48. Registration of professional driver 49. Issue of professional driving permit 50. Suspension or cancellation of professional driving permit by Director 51. Right of appeal to Minister 52. Driver of motor vehicle in respect of which operator is registered to hold professional driving permit 53. Professional driving permit issued contrary to provisions of this Part to be void 54. Drivers to comply with driving hours 55. Certain classes of motor vehicles to contain recording device to measure time 56. Duties of operator and driver of certain class of motor vehicle with regard to records 57. Records produced by recording device may be removed and analysed 58. Production of licence and permit to court 59. Court may issue order for endorsement, suspension or cancellation of licence or permit or disqualify person from obtaining licence or permit 60. On convication of certain offence licence and permit shall be suspended for minimum period and learner’s or driver’s licence can not be obtained 61. Procedure subsequent to endorsement, suspension or cancellation of licence or permit PART VIFITNESS OF VEHICLES 62. Motor vehicle inspection station to be registered 63. Application for registration of motor vehicle inspection station 64. Registration and classification of motor vehicle inspection station 65. Persons empowered to examine vehicles exempted from liability for damage 66. Suspension or cancellation of registration of motor vehicle inspection station 67. Right of appeal to Minister 68. Appointment of inspector of motor vehicle inspection stations 69. Certificate of fitness required in respect of motor vehicle 70. Application for certificate of fitness 71. Examination of motor vehicle and issue of certificate of fitness 72. Prohibition against licensing of unroadworthy vehicle 73. Prohibition against holding of more than one certificate of fitness in respect of the same motor vehicle 74. Certificate of fitness to be affixed to motor vehicle 75. Authority conveyed by certificate of fitness subject to provisions of this Act 76. Effect of alteration of motor vehicle on certificate of fitness 77. Right of appeal to Director 78. Voidness of certificate of fitness issued contrary to provisions of this Part 79. Suspension or cancellation of certificate…

CHAPTER 63:01FORESTRY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Purposes of this Act PART IIADMINISTRATION 4. Director of Forestry and other officers 5. Duties of the Director of Forestry 6. Inspection by officers 7. Barriers across roads 8. Search 9. Seizure of forest produce and articles 10. Custody of seized forest produce and article 11. Disposal of seized forest produce and article 12. Money from the sale of forest produce or articles, to be paid into Fund 13. Arrest of a person for committing offence 14. Prosecution by officers PART IIIFOREST MANAGEMENT BOARD 15. Establishment of the Board 16. Composition of the Board 17. Functions of the Board 18. Meetings of the Board 19. Members of the Board not deemed civil servants 20. Allowances PART IVFOREST RESERVES AND PROTECTED FOREST AREAS 21. Purpose of this Part 22. Declaration of forest reserve 23. Acquisition of land for forest reserve 24. Management of forest reserves 25. Co-management of forest reserves 26. Declaration of protected forest areas 27. Management of protected forest areas 28. Revocation of declaration PART VCUSTOMARY LAND FOREST 29. Purpose of this Part 30. Demarcation of village forest areas 31. Forest management agreement 32. Minister may make rules 33. Approval of by-laws 34. Right to naturally growing trees PART VIAFFORESTATION 35. Purpose of this Part 36. Forest plantation agreement 37. Right to planted forest produce PART VIIFOREST PROTECTION 38. Purpose of this Part 39. Prohibition against fires 40. Declaration of fire protection area 41. Assistance in fire fighting 42. Forest pest and disease control 43. Prohibition of possession or use of weapons, traps, explosives, poisons or hunting animals 44. Prohibition of deposition of litter and waste PART VIIIUTILIZATION OF FOREST PRODUCE IN FOREST RESERVES AND CUSTOMARY LAND 45. Purpose of this Part 46. Acts under licence 47. Permit for exportation, importation and re-exportation of forest produce 48. Restrictions of exports, imports and re-exports of forest produce 49. Waiver of fees, etc. 50. Forest produce from customary land 51. Suspension of a licence 52. Grounds on which licence may be refused 53. Cancellation of a licence 54. Appeal to the Minister against refusal, suspension or cancellation of a licence PART IXESTABLISHMENT OF FOREST DEVELOPMENT AND MANAGEMENT FUND 55. Establishment of the Fund 56. The Fund to vest in the Minister 57. Advances to the Fund 58. Objects of the Fund 59. Application of the Fund 60. Books and other records of account, audit and reports of the Fund 61. Holdings of the Fund 62. Financial year PART XOFFENCES AND PENALTIES 63. Purpose of this Part 64. Offences relating to forest reserves and protected forest areas 65. Offences relating to fire 66. Offences relating to wildlife 67. Offences relating to forest pests and diseases 68. Offences relating to possession or trafficking of forest produce 69. Offences relating to obstruction of officers 70. Offences relating to official documents or stamps 71. Offences relating to possession or use of weapons, traps, explosives and poisons for hunting animals 72. Offences relating to deposition of litter and waste 73. Offences relating to import, export and re-export of forest produce 74. Additional order upon conviction 75. Authority to compound offences PART XIINTERNATIONAL CO-OPERATION IN FORESTRY 76. Purpose of this Part 77. Cross-border forest management 78. International fora 79. Cross-border trade in forest produce 80. Implementation of agreements PART XIIMISCELLANEOUS 81. Charcoal licensing 82. Permit for wood using and wood processing industries 83. Utilization of and trafficking in indigenous timber from private land 84. General indemnity 85. Disposal of forest produce from private land PART XIIIREGULATIONS 86. Regulations PART XIVREPEAL AND SAVINGS 87. Repeal and savings 11 of 19975 of 20177 of 2020G.N. 3/199864/2017 An Act to provide for participatory forestry, forest management, forestry research, forestry education, forest industries, protection and rehabilitation of environmentally fragile areas and international co-operation in forestry and for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Forestry Act. 2. Interpretation In this Act, unless the ntext otherwise requires— “Board” means the Forest Management Board establishment under section 15; “customary land” has the meaning assigned thereto in the Land Act; “customary land committee” bears the meaning ascribed to it in the Customary Land Act; “forest” means an area of land proclaimed to be a forest under this Act or unproclaimed land with trees on it; “forest management agreement” means an agreement made under section 31; “forest plantation agreement” means an agreement made under section 36 for establishment and management of forest plantations; “forest produce” includes trees, timber, firewood, branch wood, poles, bamboos, chips, sawdust, charcoal, plants, grass, reeds, peat, thatch, bedding, creepers, leaves, moss, fruits, seed, galls, slabs, roots, bark, rubber, gum, resin, sap, flowers, fungi, honey, wax, earth, water, soil, stones, vertebrates, invertebrates, wild animals, hides, horns, bones,…

CHAPTER 55:07OCCUPATIONAL SAFETY, HEALTH AND WELFARE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Workplace 4. General application 5. Application to workplaces belonging to the Government PART IIREGISTRATION OF WORKPLACES 6. Register of workplaces 7. Premises not to be used as a workplace unless registered 8. Application for erection or alteration of workplaces 9. Application for registration of workplaces 10. Notification of change 11. Transfer of workplace 12. Fees for registration, etc. PART IIIDUTIES AND RESPONSIBILITIES 13. Duties of employers 14. General duties of employers and self-employed persons to persons other than their employees 15. Duties of other persons 16. General duties of persons in control of workplaces in relation to harmful emissions 17. General duties of manufacturers or suppliers as regards articles and substances used at workplaces 18. General duties of employees at workplaces 19. Interference with or misuse of safeguards 20. Duty not to levy charges on employees 21. Safety committees PART IVHEALTH AND WELFARE 22. Cleanliness 23. Overcrowding 24. Ventilation and temperature 25. Lighting 26. Drainage of floor 27. Sanitary conveniences 28. Washing facilities 29. Drinking water 30. Change rooms 31. Seats 32. Facilities for meals 33. First aid 34. Medical examination PART VMACHINERY SAFETY 35. Fencing and guarding of dangerous machinery 36. Provision as to unfenced machinery 37. Construction and maintenance of fencing 38. Hoists and lifts 39. Escalators 40. Cranes and other lifting machines 41. Chains, ropes and lifting tackle 42. Steam boilers 43. Notification of repairs, etc., to boilers 44. Additional information on new boilers 45. Exemptions for steam tube ovens, etc. 46. Steam receivers and steam containers 47. Air receivers 48. Gas plants 49. Gas cylinders 50. Fees PART VIHEALTH AND SAFETY 51. Hazardous substances 52. Vessels, etc., containing dangerous substances 53. Bulk storage of dangerous substances 54. Precautions in relation to explosives, etc. 55. Precautions in relation to work in confined spaces 56. Prevention of fire 57. Means of escape in case of fire 58. Protective clothing and appliances 59. Removal of dust and fumes 60. Protection of eyes 61. Ionizing radiation 62. Non-ionizing radiation 63. Noise and vibration 64. Lifting and handling of weights 65. Information and training PART VIINOTIFICATION AND INVESTIGATION OF ACCIDENTS, DANGEROUS OCCURENCES AND INDUSTRIAL DISEASES 66. Notification of accidents 67. Dangerous occurrences 68. Notification of industrial diseases PART VIIIRECORDS 69. Posting of abstract of the Act, etc. 70. General register 71. Preservation of registers and records PART IXADMINISTRATION 72. Appointment of inspectors 73. Powers of inspectors 74. Power to deal with cause of imminent danger 75. Inspectors not to disclose information 76. Improvement notices 77. Prohibition notices 78. Provisions on prohibition notices and improvement notices 79. Appointment of Arbitration Board 80. Appeal against improvement or prohibition notices 81. Certificates by the Director to be gazetted PART XOFFENCES, PENALTIES AND LEGAL PROCEEDINGS 82. Offences 83. General penalty 84. Power of court to order contravention to be remedied 85. Penalty in case of death or bodily injury 86. Penalty on persons actually committing offence for which occupier is liable 87. Power of occupier or owner to exempt himself from liability on conviction of the actual offender 88. Proceedings against persons other than occupiers or owners 89. Owner of machine liable in certain cases instead of occupier 90. Special provisions as to evidence 91. Service of documents 92. Power to modify agreements 93. Power to apportion expenses PART XIMISCELLANEOUS PROVISIONS 94. Indemnity 95. Regulations 96. Repeal and savings First Schedule Second Schedule 21 of 1997 G.N. 72/1997 An Act to make provision for the regulation of the conditions of employment in workplaces as regards the safety, health and welfare of persons employed therein; for the inspection of certain plant and machinery, and the prevention and regulation of accidents occurring to persons employed or authorized to go into the workplaces; and to provide for matters connected with or incidental to the foregoing PART IPRELIMINARY 1. Short title This Act may be cited as the Occupational Safety, Health and Welfare Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “air receiver” means— (a) any vessel, other than a pipe or coil, or an accessory, fitting or part of a compressor, for containing compressed air and connected with an air-compressing plant; (b) any fixed vessel for containing compressed air or compressed exhaust gases and used for starting an internal combustion engine; (c) any fixed or portable vessel, not being part of a spraying pistol used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material, or an insecticide; and (d) any vessel in which oil is stored and from which it is forced by compressed air; “article” includes any solid, liquid or gas, or any combination thereof; “Board” means the Arbitration Board appointed under section 79; “bodily injury” includes…

CHAPTER 54:01LABOUR RELATIONS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IIFREEDOM OF ASSOCIATION 4. Freedom of association 5. Rights of trade unions and employers’ organizations 6. Protection of employees 7. Protection in respect of organizations 8. Remedies PART IIITRADE UNIONS AND EMPLOYERS’ ORGANIZATIONS 9. Appointment of Registrar and Assistant Registrars 10. Register 11. Registration 12. Effect of registration 13. Rules of registered trade unions and employers’ organizations 14. Alteration of rules 15. Change of name 16. Amalgamation 17. Deposit and safeguard of funds 18. Annual return 19. Retention of documents 20. Disqualification for office 21. Cancellation of registration 22. Reasons for decisions 23. Remedies 24. Appeals PART IVCOLLECTIVE BARGAINING AND ORGANIZATIONAL RIGHTS 25. Enterprise-level bargaining 26. Sectoral-level bargaining 27. Establishment of industrial councils 28. Composition of industrial councils 29. Meetings of industrial councils 30. Functions of industrial councils 31. Duty to negotiate in good faith 32. Terms of collective agreements 33. Enforceability of collective agreements 34. Submission of collective agreements 35. Access to employer’s premises 36. Trade union subscriptions 37. Leave for trade union activities 38. Disclosure of information 39. Successor rights and obligations 40. Right to choose a representative 41. Review of thresholds PART VDISPUTE SETTLEMENT 42. Definition of dispute 43. Reporting of disputes 44. Conciliation procedure 45. Unresolved disputes 46. Strike or lockout procedures 47. Strike or lockout in essential services 48. Status of collective agreement and employment contract 49. Civil immunity 50. Right to return to employment 51. Temporary replacement of labour 52. Refusal to do strikers’ work 53. Peaceful picketing 54. Injunction in respect of strike or lockout PART VITRIPARTITE LABOUR ADVISORY COUNCIL 55. Establishment of the Council 56. Officers of the Council 57. Term of office 58. Functions of the Council 59. Meetings of the Council 60. Quorum 61. Procedure 62. Allowances and expenses PART VIIINDUSTRIAL RELATIONS COURT 63. Constitution and operation of the Industrial Relations Court 64. Jurisdiction 65. Appeals 66. Composition 67. Sitting and decision 68. 69. Appointment of officers and staff 70. 71. Procedure and evidence 72. Costs 73. Representation of parties 74. Failure to attend 75. Enforcement of orders PART VIIIMISCELLANEOUS 76. Procedures 77. Notification of registration, etc., in the Gazette 78. Regulations 79. Repeal and savings 16 of 19961 of 201216 of 2021G.N. 69/1997 An Act to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective collective bargaining and the promotion of orderly and expeditious dispute settlement, conducive to social justice and economic development PART IPRELIMINARY 1. Short title This Act may be cited as the Labour Relations Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “collective agreement” means a written agreement between an employer, or an employers’ organization authorized by the employer, and a trade union concerning terms and conditions of employment and any other matter of mutual interest; “Council” means the Tripartite Labour Advisory Council appointed under section 55; “employee” means— (a) a person who offers his or her services under an oral or written contract of employment, whether express or implied; (b) a person who performs work or services for another person for remuneration or reward on such terms and conditions that he or she 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; and (c) where appropriate, a former employee; “employer” means any person or undertaking, corporation, company, public authority or body of persons who or which employs an employee, and includes the heirs, successors and assigns of an employer; “employers’ organization” means any combination established by employers, the principal purposes of which are the representation and promotion of employers’ interests and the regulation of relations between employers and employees; “essential services” means services, by whomsoever rendered, and whether rendered to the Government or to any other person, the interruption of which would endanger the life, health or personal safety of the whole or part of the population; “Industrial Relations Court” means the Industrial Relations Court established under section 110 (2) of the Constitution; “lockout” means closing a place of employment, a suspension of work by an employer, or a refusal by an employer to continue to employ or re-engage any number of his or her employees, done to compel his or her employees, or to aid another employer to compel his or her employees, to agree to terms or conditions of, or affecting employment; “organization” means a trade union or employers’ organization; “Registrar” means the Registrar of Trade Unions and Employers’ Organizations appointed under section 9; “sector” means an industry or a service; “strike” means concerted action resulting in a cessation of work, a refusal to work or to…

CHAPTER 30:09MZUZU UNIVERSITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE UNIVERSITY 3. Establishment of the University 4. Membership of the University 5. Objects of the University 6. Functions of the University 7. Specialist training PART IIITHE COUNCIL 8. Establishment and incorporation of the Council 9. Common Seal of the Council 10. Functions and Powers of the Council 11. Composition of the Council 12. Meetings and procedure of the Council PART IVMZUZU UNIVERSITY TRUST 13. Mzuzu University Trust PART VOFFICERS OF THE UNIVERSITY 14. Chancellor 15. Functions and duties of the Chancellor 16. Vice-Chancellor 17. Registrar 18. Librarian 19. Director of Investments 20. Director of Research PART VITHE SENATE 21. The Senate 22. Invited persons 23. Functions and powers of the Senate 24. Meetings of the Senate PART VIIFACULTIES, CENTRES AND INSTITUTES 25. Faculties, Centres and Institutes 26. Deans 27. Directors 28. Composition of Faculties 29. Composition of Centres and Institutes 30. Faculty Committee PART VIIIFINANCIAL PROVISIONS 31. Property of the University 32. Compliance with the Finance and Audit Act 33. Accounts 34. Borrowings PART IXMISCELLANEOUS 35. The Statutes 36. Amendments to the Statutes 37. Senate Regulations 38. Service of process and other documents on the Council 12 of 1997G.N. 48/1997 An Act to provide for the establishment of the Mzuzu University and for the conduct and management thereof; for the establishment and incorporation of the Council of the Mzuzu University as a body corporate and as the governing body of the University; for the establishment of a Senate thereof; and for matters incidental to and connected with the foregoing PART IPRELIMINARY 1. Short title This Act may be cited as the Mzuzu University Act. 2. Interpretation In this Act and in the Statutes, unless the context otherwise requires— ‘‘Centre’’ means a Centre within the University instituted under section 25; ‘‘Chairman’’ means the Chairman of the Council appointed pursuant to section 11; ‘‘Chancellor’’ means the person who is the Chancellor of the University under section 14; ‘‘Committee’’ includes sub-Committee; ‘‘Council’’ means the Council of the University established and incorporated by section 8; ‘‘Dean’’ means the Dean of a Faculty elected by a Faculty pursuant to section 26; ‘‘Director of Investments’’ means the Director of Investments appointed pursuant to section 19; ‘‘Director of Research’’ means the Director of Research appointed pursuant to section 20; ‘‘Faculty’’ means a Faculty within the University instituted under section 25; ‘‘financial year’’ means the period commencing on the date of commencement and ending on the 31st December, next following such date and thereafter the period of twelve months ending on the 31st December, in each year; ‘‘Institute’’ means an Institute within the University created under section 25; ‘‘Librarian’’ means the Librarian appointed pursuant to section 18; ‘‘Minister’’ means the Minister responsible for University education; ‘‘organization’’ means any company, association or body of persons, corporate or unincorporate wherever established or incorporated, but does not include any such association or body established or incorporated under this Act; ‘‘President’’ means the President of the Republic of Malawi; ‘‘property of the University’’ means any property, real or personal, of every description vested in or held by the Council under any right of ownership or possession; and any property held by the Council in trust for the furtherance of any of the objects of the University; ‘‘Registrar’’ means the Registrar of the University appointed pursuant to section 17; ‘‘Senate’’ means the Senate of the University established under section 21; ‘‘Senate Regulations’’ means Senate Regulations made under section 36; ‘‘Statutes’’ means the Statutes made under section 35; ‘‘University’’ means the Mzuzu University established under section 3; ‘‘Vice-Chancellor’’ means the Vice-Chancellor of the University appointed pursuant to section 16. PART IIESTABLISHMENT OF THE UNIVERSITY 3. Establishment of the University There is hereby established a university by the name and style of the Mzuzu University. 4. Membership of the University (1) The University shall consist of the following members— (a) the Chancellor; (b) the Vice-Chancellor; (c) the Deputy Vice-Chancellor; (d) the Registrar; (e) the Librarian; (f) the Director of Investments; (g) the Director of Research; (h) members of the Council; (i) members of the Senate; (j) all graduates of the University; (k) all holders of Honorary Degrees from the University; (l) all Deans of Faculties of the University; (m) all Directors of Centres and Institutes; (n) all professors, lecturers and assistant lecturers of the University; (o) all other members of the academic, administrative, and research staff of the University; (p) all persons for the time being registered as students of the University; (q) such other persons as the Council may by name or office declare to be members of the University. (2) Any person who is a member of the University solely by virtue of being possessed of any qualification shall continue to be a member so…