Category: Principal Legislation

CHAPTER 30:08GOVERNMENT TEACHING SERVICE COMMISSION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE GOVERNMENT TEACHING SERVICE COMMISSION 3. Establishment and composition of the Government Teaching Service Commission 4. Appointment of members of the Commission 5. Tenure of office of members of the Commission 6. Remuneration and allowances of members of the Commission PART IIIPOWERS AND FUNCTIONS OF THE COMMISSION 7. Powers and functions of the Commission 8. Delegation PART IVMISCELLANEOUS 9. Application of Cap. 1:03 10. Regulations 11. Savings 12 of 1996G.N. 47/1997 An Act to provide for the establishment, functions and powers of the Government Teaching Service Commission, to regulate the appointment and terms and conditions of persons employed in the Government Teaching Service, and to make provision for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Government Teaching Service Commission Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Commission’’ means the Government Teaching Service Commission established under section 3; ‘‘Government Teaching Service’’ means that body of teachers who, as such are public officers; ‘‘Minister’’ means the Minister responsible for education; ‘‘Public Appointments Committee’’ means the Public Appointments Committee established under section 56 (7) of the Constitution; ‘‘Service’’ means the Government Teaching Service; PART IIESTABLISHMENT OF THE GOVERNMENT TEACHING SERVICE COMMISSION 3. Establishment and composition of the Government Teaching Service Commission There is hereby established a Commission to be known as the Government Teaching Service Commission (in this Act otherwise referred to as the ‘‘Commission’’) which shall have the powers and functions conferred upon by this Act, and which shall consist of a Chairperson, a Deputy Chairperson and not less than six nor more than ten other members. 4. Appointment of members of the Commission (1) Members of the Commission shall be appointed by the President and the appointment shall be confirmed by the Public Appointments Committee. (2) A person shall not be qualified for appointment as a member of the Commission if that person— (a) is a President, a Vice President, a Minister or Deputy Minister, a Member of Parliament or an officer in the Service; (b) is an undischarged bankrupt; (c) has, within the three years immediately preceding, been convicted of any offence by a court and sentenced therefor to a term of imprisonment of six months or more without the option of a fine; (d) has, within the seven years immediately preceding been convicted of an offence involving fraud or dishonesty. 5. Tenure of office of members of the Commission (1) Subject to subsections (3), (4) and (5), every member of the Commission shall hold office as such member for such period not exceeding three years from the date of his or her appointment, as may be specified in the instrument of appointment. (2) Any retiring member of the Commission, other than a member who is disqualified under section 4 (2), shall be eligible for re-appointment. (3) Upon the expiry of the period for which a member is appointed he or she shall continue to hold office until his or her successor is appointed, but in no case shall such further period exceed three months. (4) The office of a member of the Commission shall be vacated— (a) upon his or her death; (b) if, save through illness, he or she is absent from three consecutive meetings of the Commission without the permission of the Commission or the Minister; (c) upon the expiry of one month’s notice in writing of his or her intention to resign given by him or her to the Minister; (d) if he becomes physically or mentally unfit, and the Minister and the Commission are of the opinion that, by reason of such unfitness, he or she is no longer capable of performing his or her duties as a member of the Commission: Provided that, in the case of the Chairperson, this paragraph shall not apply if, upon the submission of the opinion of the Commission and the Minister to the President by the Minister, the President does not approve of its application; and (e) if he or she becomes disqualified from membership of the Commission under section 4 (2). (5) A member of the Commission may be removed from office by the President at any time, subject to the Public Appointments Committee being satisfied that the member is no longer competent to discharge his or her duties. (6) A member of the Commission who is removed from office under this section may appeal to the High Court against the decision to remove him or her from office. 6. Remuneration and allowances of members of the Commission The Chairperson and other members of the Commission shall receive such remuneration and allowances as may, from time to time, be determined by the Minister.…

CHAPTER 53:05NATIONAL CONSTRUCTION INDUSTRY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE NATIONAL CONSTRUCTION INDUSTRY COUNCIL OF MALAWI 3. Establishment of the Council 4. Composition of the Council 5. Disqualification from appointment to the Council 6. Vacation, etc., of members from office 7. Filling of vacancies of the Council 8. Invited persons 9. Chairman and Vice-Chairman PART IIIMEETINGS OF THE COUNCIL 10. Meetings of the Council PART IVFUNCTIONS AND POWERS OF THE COUNCIL 11. Functions of the Council 12. Powers of the Council 13. Committees of the Council PART VFINANCIAL PROVISIONS 14. Funds, accounts and audit 15. Levy 16. Remuneration and expenses of members of the Council 17. Investment of surplus sums 18. Borrowing powers 19. Financial year of the Council PART VIREGISTRATION 20. Prohibition of carrying on business, etc. 21. Council to maintain a register 22. Application for registration 23. Qualifications for registration 24. Certificate of registration 25. Council to decide applications for registration 26. Appeals against refusal to register or removal from register 27. Striking off from the register PART VIIMISCELLANEOUS PROVISIONS 28. Offences 29. Regulations PART VIIIREPEAL AND SAVINGS 30. Repeal and savings 19 of 1996G.N. 6/1997 An Act to provide for the establishment of the National Construction Industry Council of Malawi, for the promotion and development of the construction industry in Malawi, for the registration of persons engaged in the construction industry, for the co-ordination of training of persons engaged in the construction industry and generally for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the National Construction Industry Act. 2. Interpretation In this Act, unless the context otherwise requires— “Council” means the National Construction Industry Council of Malawi established under section 3; “financial institution” has the meaning ascribed thereto in section 2 of the Banking Act; “foreign firm” means a firm operating in Malawi but belonging to a person who is not a Malawian national and having fifty-one per cent or more of its capital originating from outside Malawi; “local firm” means a firm operating in Malawi having fifty-one per cent or more of its capital originating from within Malawi but belonging to a person who is not a Malawian national; “Malawian firm” means a firm operating in Malawi and having fifty-one per cent or more of its capital belonging to a Malawian national; “member” in relation to the Council means a member thereof appointed or elected under section 4 (1); “person engaged in construction industry” means a contractor, consultant, material manufacturer and material supplier. PART IITHE NATIONAL CONSTRUCTION INDUSTRY COUNCIL OF MALAWI 3. Establishment of the Council There is hereby established a Council to be known as the National Construction Industry Council of Malawi which shall be a body corporate having perpetual succession and a common seal and shall, under that name, be capable of suing and being sued and of purchasing or otherwise acquiring, holding and alienating movable or immovable property and, subject to the provisions of this Act, of performing all such acts as bodies corporate may by law perform. 4. Composition of the Council (1) The Council shall consist of the following members appointed by the Minister three quarters of whom shall, save in the case of an ex officio member, be citizens of Malawi— (a) three members who shall be contractors nominated by the Master Builders’ Association and the Malawian Building Contractors and Allied Trades Association; (b) one specialized sub-contractor nominated by the Master Builders’ Association and the Malawi Building Contractors and Allied Trades Association; (c) one quantity surveyor nominated by the Board of Architects and Quantity Surveyors; (d) one architect nominated by the Board of Architects and Quantity Surveyors; (e) one engineer nominated by the Board of Engineers; (f) one consulting engineer nominated by the Association of Consulting Engineers; (g) two members representing material manufacturers; (h) one member nominated by the Board of Registration of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers; (i) two members from financial institutions; (j) the General Manager of the Malawi Investment Promotion Agency or his representative; (k) the Executive Director of the Malawi Chamber of Commerce and Industry or his representative; (l) the Secretary for Works and Supplies or his representative; (m) the Secretary for Economic Planning and Development or his representative; (n) the Solicitor General or his representative; (o) one person nominated by the University of Malawi; and (p) one person of good character and good standing in the community. (2) Members of the Council, not being members ex officio shall hold office for a period of three years from the date of their appointment. (3) Upon the appointment of any member to the Council, the Minister shall cause notice of such appointment to be published in the Gazette and shall in such notice specify the current membership…

CHAPTER 31:04NATIONAL YOUTH COUNCIL OF MALAWI ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE NATIONAL YOUTH COUNCIL OF MALAWI 3. Establishment of the Council 4. Composition of the Council 5. Vacation of office of members 6. Filling of vacancies on the Council 7. Co-opted persons 8. Chairman and Vice-Chairman 9. Remuneration of members of the Council 10. Meetings of the Council 11. Non-liability of members of the Council or of committees PART IIIFUNCTIONS AND POWERS OF THE COUNCIL 12. Functions of the Council 13. Powers of the Council 14. Committees of the Council 15. Disclosure of interest PART IVMANAGEMENT OF THE COUNCIL 16. Appointment of an Executive Secretary PART VFINANCIAL PROVISIONS 17. Funds, accounts and audit 18. Remuneration and expenses of members of the Council 19. Investment of surplus sums 20. Borrowing powers 21. Financial year of the Council PART VIREGISTRATION OF YOUTH ORGANIZATIONS 22. Registrar of youth organizations 23. Application for registration 24. Ground for refusing to register a youth organization 25. Cancellation of registration 26. Notification of grounds 27. Appeal to the Minister PART VIIGENERAL ASSEMBLY 28. General Assembly 29. Extraordinary General Assembly PART VIIIMISCELLANEOUS PROVISIONS 30. Independence of youth organizations 31. Appeals to the Minister 32. Dissolution of youth organization 33. Regulations 22 of 1996G.N. 2/1997 An Act to make provision for the promotion, co-ordination and implementation of youth development programmes in Malawi; the establishment of a National Youth Council of Malawi; and further to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the National Youth Council of Malawi Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Chairman’’ means the person appointed as Chairman of the Council under section 8; ‘‘Council’’ means the National Youth Council of Malawi established under section 3; ‘‘Member’’ means a member of the Council; ‘‘Executive Secretary’’ means the person appointed Executive Secretary of the Council under section 16. PART IITHE NATIONAL YOUTH COUNCIL OF MALAWI 3. Establishment of the Council There is hereby established a body to be known as the National Youth Council of Malawi (in this Act otherwise referred to as the ‘‘Council”) which shall be— (a) a body corporate with perpetual succession and a common seal; (b) in its corporate name, capable of suing and of being sued; (c) capable of holding, purchasing and otherwise acquiring and disposing of any property, movable or immovable, for the purposes, or in the course, of carrying out its functions; and (d) capable of doing and performing all such acts and things as bodies corporate may by law do and perform. 4. Composition of the Council (1) The Council shall consist of— (a) the following members appointed by the Minister— (i) seven persons representing registered youth organizations in Malawi (ii) a representative of the Episcopal Conference of Malawi; (iii) a representative of the Christian Council of Malawi; (iv) a representative of the Muslim Association of Malawi; (v) a representative of Women’s Organizations; and (vi) three Councillors. (b) the following ex officio members— (i) the Secretary for Education or his representative; (ii) the Secretary for Youth, Sports and Culture or his representative; (iii) the Secretary for Health or his representative; (iv) the Secretary for Women and Children Affairs and Community Development and Social Welfare or his representative; (v) the Secretary for Labour and Manpower Development or his representative; (vi) the Secretary for Local Government and Rural Development or his representative; (vii) the Secretary for Justice or his representative; and (viii) the Secretary for Home Affairs or his representative. (2) A representative of an ex officio member referred to in subsection (1) (b) shall be designated by, or on behalf of, the ex officio by a notice in writing to the Council to attend the meetings of the Council, and upon such designation such representative shall not attend to the business of the Council by representation. (3) A member of the Council appointed under subsection (1) (a) shall hold office for a period of two years unless his appointment is terminated sooner than the expiry of that period and shall be eligible for re-appointment. (4) A member of the Council appointed under subsection (1) (a) may resign his office upon giving one month’s written notice to the Minister. (5) The names of all members of the Council as first constituted and every change in the membership of the Council shall be published in the Gazette. 5. Vacation of office of members The office of a member, other than an ex officio member, shall become vacant— (a) upon his death; (b) if he has been absent from three consecutive meetings of the Council, of which he has had notice, without the permission of the Chairman; (c) if he has been convicted of an offence without the option…

CHAPTER 3:07OMBUDSMAN ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIAPPOINTMENT OF OMBUDSMAN AND STAFF 3. Terms and conditions of the appointment of the Ombudsman 4. Staff of the Ombudsman PART IIIDUTIES AND FUNCTIONS OF THE OMBUDSMAN 5. Duties and functions of the Ombudsman 6. Powers of the Ombudsman 7. Laying of complaints, etc. 8. Remedies PART IVMISCELLANEOUS 9. Reports of the Ombudsman 10. Preservation of secrecy 11. Limitation of liability 12. Expenditure in connexion with the functions of the Ombudsman 12A. Protection of whistle-blowers and other informers 12B. Evidence and procedure 13. Offences and penalties 14. Rules 17 of 19961 of 2024 An Act to define and prescribe the powers, duties and functions of the Ombudsman, and to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Ombudsman Act. 2. Interpretation In this Act, unless the context otherwise requires— 1 of 2024 1 of 2024 “controlling officer” means a person who is the head or principal officer in-charge of an organ of Government; 1 of 2024 “Legal Affairs Committee” means the Legal Affairs Committee established under section 56 (7) of the Constitution; 1 of 2024 “maladministration” means any action taken, or omitted to be taken, or any decision made, or omitted to be made, by an organ of Government in the performance of an administrative function, which is unfair, unreasonable, illegal or not compliant with the rules of natural justice; 1 of 2024 “organ of Government” includes— (i) any of the three branches of Government, a local authority and a body or a committee established or instituted by, or under, any written law; and (ii) a state-owned enterprise; “Public Appointments Committee” means the Public Appointments Committee established under section 56 (7) of the Constitution; 1 of 2024 “state-owned enterprise” means a corporation, body or institution where the Government, directly or indirectly, holds more than fifty per cent of the issued share capital or has controlling interest or power. PART IIAPPOINTMENT OF OMBUDSMAN AND STAFF 3. Terms and conditions of appointment of the Ombudsman The appointment of the Ombudsman under section 122 of the Constitution shall be on terms and conditions to be determined by the Public Appointments Committee. 4. Staff of the Ombudsman The Ombudsman shall in the performance of his functions under this Act be assisted by staff appointed by him for that purpose on terms and conditions to be determined by agreement with such staff. PART IIIDUTIES AND FUNCTIONS OF THE OMBUDSMAN 5. Duties and functions of the Ombudsman (1) Without derogation from section 123 of the Constitution, the Ombudsman may— 1 of 2024 (a) where it appears to the Ombudsman that there is no remedy reasonably available by way of court proceedings or by way of appeal from a court decision or where there is no other practicable remedy, on a complaint lodged, inquire into and investigate— (i) any case where it is alleged that a person has suffered injustice as a result of abuse of power, unfair treatment, oppressive or unfair conduct by an organ of Government; (ii) any allegation of maladministration, including delay, discourtesy, incompetence, misbehaviour, inefficiency, manifest injustice, lack of responsiveness, abuse of power, unfair treatment, ineptitude or any other conduct by an official in any organ of Government which would be regarded as unreasonable oppressive or unfair in an open and democratic society; and (iii) any conduct in State affairs, or any act or omission in public administration by any organ of Government or public officer which is alleged or suspected to be prejudicial or improper or is likely to result in any impropriety or prejudice; (b) on his own initiative, in the public interest, inquire into and investigate any matter specified under paragraph (a); (c) facilitate the setting up of, and build complaint handling capacity in organs of Government; (d) work with organs of Government to promote alternative dispute resolution methods in the resolution of complaints relating to public administration; (e) provide advisory opinions or proposals on the improvement of public administration, including, legal reforms, codes of conduct, processes and procedures; (f) publish periodic reports on the status of administrative justice in Malawi; (g) promote administrative justice through public awareness; (h) take appropriate steps in conjunction with other organs of Government to promote and protect fundamental human rights and freedoms in public administration; (i) work with the Human Rights Commission and other public institutions to promote efficiency, effectiveness and complementarity, and to establish mechanisms for referrals and collaboration; and (j) perform such other functions as may be prescribed by any other written law. (2) Without derogating from the provisions of subsection (1), any request or complaint in respect of any instance or matter referred to in that subsection may include any instance or matter in respect…

CHAPTER 36:02NURSES AND MIDWIVES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE NURSES AND MIDWIVES COUNCIL OF MALAWI 3. Establishment of the Council 4. Composition of the Council 5. Vacation, etc., of members from office 6. Filling of vacancies on the Council 7. Co-opted persons 8. Chairperson and Vice-Chairperson PART IIIMEETINGS OF THE COUNCIL 9. Meetings of the Council 10. Disclosure of interest of member PART IVFUNCTIONS AND POWERS OF THE COUNCIL 11. Functions of the Council 12. Powers of the Council 13. Executive Committee 14. Committees of the Council PART VMANAGEMENT 15. Appointment of Registrar and other staff PART VIFINANCIAL PROVISIONS 16. Funds, accounts, audit 17. Remuneration and expenses of members of the Council PART VIIREGISTERS 18. Registers 19. Specialist register 20. Duties of Registrar 21. Certificate and licence 22. Publication of registers 23. Registers to be evidence PART VIIIREGISTRATION 24. Persons registered under the Repealed Act 25. Residence of registered persons 26. Registration and licensing prerequisites for practising 27. Persons entitled to be registered 28. Use of titles 29. Registered persons entitled to practise 30. Licensing of registered persons 31. Refresher courses and in-service training 32. Registration of additional qualifications 33. Registration of student nurses 34. Registration of pupil nursing technicians 35. Limited registration 36. Registration of persons temporarily employed 37. Procedure for registration 38. Erasure from register 39. Method of erasure 40. Consequences of erasure 41. Appeals against refusal to register or erasure from register PART IXPRIVATE PRACTICE 42. Licence for private practice 43. Issue, etc., of licences to be published in the Gazette 44. No fees recoverable unless nurse licensed for private practice PART XEDUCATION AND TRAINING 45. Education and Examination Committee 46. Reports on training qualifications and practice of persons who are registerable 47. Approval of institutions, curricula and qualifications 48. Certificate of attendance of courses 49. Rules for training PART XIINVESTIGATION PROVISIONS 50. Investigation Committee 51. Functions of Investigation Committee 52. Reporting of complaint 53. Duty to investigate complaint 54. Powers of the Council and Investigation Committee during investigative stage 55. Action after preliminary investigation PART XIIDISCIPLINARY PROVISIONS 56. Disciplinary powers of the Council 57. Disciplinary Committee 58. Function of Disciplinary Committee 59. Taking of evidence by Disciplinary Committee 60. Exercise of disciplinary powers on conviction for offence 61. Council to refer cases to Disciplinary Committee 62. Exercise of disciplinary powers 63. Appeal to High Court 64. Publication of result of disciplinary proceedings 65. Council or Disciplinary Committee or investigation committee not to be liable 66. Improper or disgraceful conduct PART XIIIPROFESSIONAL PRACTICE 67. Professional Practice Committee 68. Prescription of drugs and other medicine PART XIVOFFENCES AND PENALTIES 69. Unregistered persons practising as nurses or nursing technicians 70. Falsification of registers, etc. 71. Persons conducting education, training, etc., without authority 72. Employment of unregistered or unlicensed persons 73. Unregistered substitutes 74. Personation of registered person or misrepresentation 75. Registered person using unregistered title or qualification 76. Remuneration not recoverable by unregistered persons 77. Certain certificates invalid if signed by unregistered person 78. Proof required for issue of licence PART XVMISCELLANEOUS PROVISIONS 79. African systems of nursing and midwifery allowed 80. Exemptions from registration 81. Registered persons becoming unfit to practise 82. Restoration to register 83. Burden of proof on unregistered persons 84. Notification of death or change of address 85. Regulations 86. Repeal and savings 16 of 1995 G.N. 23/1996 An Act to provide for the establishment of the Nurses and Midwives Council of Malawi, the registration and disciplining of nurses and nursing technicians, the licensing of private practice, the regulation of education and training of nurses and nursing technicians and generally for the control and regulation of the nursing profession and practice in Malawi and for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Nurses and Midwives Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘certificate’’ means a certificate of registration issued by the Council to a person entitled to be registered in accordance with this Act; ‘‘Council’’ means the Nurses and Midwives Council of Malawi established by section 3; ‘‘Executive Committee’’ means the committee established by section 13; ‘‘medical practitioner’’ means a person registered as such under section 17 of the Medical Practitioners and Dentists Act; ‘‘nurse’’ means a person registered as such under section 26 and includes a midwife; ‘‘nursing agency’’ means practice registered as such under section 42; ‘‘nursing technician’’ means a person registered as such under section 26 and includes a midwife; ‘‘pharmacist’’ means a person registered as such under section 4 of the Pharmacy, Medicines and Poisons Act; ‘‘register’’ means any of the registers required to be kept under sections 18 and 19; ‘‘Registrar’’ means the Registrar of the Council appointed under section 15. PART IITHE NURSES AND MIDWIVES COUNCIL…

CHAPTER 71:01INLAND WATERS SHIPPING ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application of the Act PART IISURVEY AND REGISTRATION 4. Application of Part II 5. Obligation to register 6. Application for registration 7. Declaration of ownership 8. First registration 9. Marking of vessels 10. Survey of vessels 11. Register of vessels 12. Port of registration 13. Liability of registered owners 14. Issue of certificate of registration 15. Custody of certificate of registration 16. Lost certificate of registration 17. Surrender of certificate of registration 18. Duration and renewal of certificate of registration 19. Wrecked and abandoned vessels 20. Amendments in certificate of registration and register 21. Re-registration of wrecked or abandoned vessels 22. Masters and crews of vessels PART IIIMORTGAGES, ALTERATIONS AND TRANSMISSION 23. Transfer of vessels 24. Registration of transfer 25. Transmission of vessel 26. Mortgage of vessel 27. Alterations to vessel 28. Registration of alteration 29. Provisional endorsement of alterations PART IVLICENSING ARRANGEMENTS 30. Licensing authority 31. Licensing of vessels used for water transport 32. Using vessels in contravention of section 31 33. Duration of licence 34. Licence not transferable 35. Form of licence 36. Procedure for application for licence 37. Objection to application for licence 38. Discretion of the licensing authority to grant or refuse licences 39. Conditions of licences 40. Power to revoke or suspend licences 41. Provision for appeals in connexion with licences PART VBILATERAL AND MULTILATERAL ARRANGEMENTS 42. Declaration of inland waters 43. Agreements with other countries 44. Existing treaty obligations paramount PART VISURVEYS AND INSPECTIONS Division ASurveys 45. Regulations to implement safety conventions 46. Surveys and inspections 47. Purposes of surveys and inspections 48. Powers of surveyors and boat examiners 49. Records of surveyors and boat examiners 50. Survey of passenger vessels 51. Initial survey 52. Periodic survey 53. Additional survey 54. Cargo vessels and fishing vessels 55. Life-saving and fire-fighting appliances 56. Radio installation 57. Passenger vessels, pleasure crafts and oil tankers 58. Survey reports to the Chief Surveyor Division BInspection 59. Inspection certificate 60. Safety certificates 61. Posting of certificate 62. Alteration to vessel 63. Foreign safety convention certificate 64. Certification of foreign vessels PART VIIMANNING LEVELS 65. Regulations for grant of certificates of competency and certificated officers 66. Board of examiners and foreign certificates 67. Loss of certificates 68. Production of certificates 69. Records of certificates and licences 70. Notification of engagement 71. Sailing undermanned 72. Contracts of apprenticeship PART VIIISAFETY PROVISIONS Division ASafety 73. Manning to ensure safety 74. Vessel’s stability 75. Signalling lamp 76. Hazards to navigation 77. Assistance in distress 78. Giving helm orders 79. Collision regulations 80. Presumption of fault 81. Assistance in collision 82. Reporting of accidents Division BLoad Lines 83. Load line regulations 84. Load line vessels 85. Compliance with regulations 86. Load line certificate 87. Renewal of load line certificate 88. Cancellation or suspension of load line certificate 89. Surrender of load line certificate 90. Vessel without load line certificate 91. Display of load line certificate and entries 92. Load line certificate of foreign vessel 93. Inspection of foreign vessel PART IXTHE CREW Division AContents of Agreement 94. Crew agreement 95. Contents of crew agreement 96. Posting of specimen agreement 97. Employment of young persons 98. Continuous Discharge Book 99. Character report 100. Time and manner of payment 101. Account of wages 102. Deductions 103. Settlement of wages 104. Rate of exchange 105. Payment of advances 106. Allotment of wages 107. Right to wages and provisions 108. Abandonment of wages and salvage 109. Premature termination of service 110. Wages during sickness 111. Wages on improper discharge 112. Annual leave 113. Custody of property of deceased seaman 114. Delivery of property of deceased seaman Division BProvisions 115. Complaints as to provisions 116. Allowance for provisions 117. Weights and measures 118. Qualified cook 119. Medical requisites 120. Expenses for medical treatment or burial 121. Medical personnel 122. Facilities for complaints Division CDiscipline 123. Disciplinary proceedings 124. Review by Minister 125. Misconduct endangering vessel or life 126. Official log-book to be kept and delivered 127. Particulars of entry 128. Breaches respecting official log-book Division DRelief and Repatriation 129. Return on loss or abandonment of vessel 130. Documents to be handed over 131. Birth and death on board 132. Application of sections 132 to 134 133. Repatriation of seamen 134. Defaulting seamen not entitled to be returned 135. Security by owner or master 136. Effects and wages of seamen left behind 137. Exemption from liability 138. Return from service 139. Discharge on change of ownership 140. Relief of distressed seamen 141. Forcing ashore 142. Return of seamen PART XDANGEROUS GOODS AND UNSEAWORTHY VESSELS Division AGrain and Deck Cargo 143. Carriage of grain 144. Deck cargo Division BDangerous Goods 145. Meaning of “dangerous goods” 146. Carriage of dangerous goods 147. Inspection or refusal to…

CHAPTER 72:01WATERWORKS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIWATER BOARDS, MEMBERSHIP, POWERS AND DUTIES 3. Water Boards 4. Water-areas 5. Constitution of the Board 6. Control of waterworks 7. Record of proceedings 8. Officers and servants 9. Remuneration of members of the Board 10. Power to make standing orders PART IIIFURTHER POWERS OF THE BOARD 11. Purposes for which waterworks may be constructed 12. Power to carry pipes, etc., through any land 13. Compensation, etc. 14. Power to enter land 15. Power of entry at specified times 16. Power to suspend, etc., supply of water 17. Power to construct public fountains 18. Supply of water in or outside water-area 19. Board to supply water 20. Power to instal water-borne sewerage sanitation schemes PART IVSERVICES AND SUPPLY OF WATER 21. Request for supply of water 22. Construction and connexion of services 23. Expenses, by whom borne 24. Services may be constructed by the Board 25. Supply pipes to be the property of the Board PART VOPERATION OF WATER-BORNE SEWERAGE SANITATION 26. Provision of public sewers and sewerage disposal work 27. Board to keep map showing public sewers 28. Power of the Board to alter or close public sewers 29. Certain matters not to be passed into sewers or drains 30. Right of owners and occupiers within the water-area to drain into public sewers 31. Use of public sewers by owners and occupiers without the water-area of the Board 32. Sewer connexions in streets and through private land 33. Procedure in regard to making communication with public sewers PART VIFINANCIAL PROVISIONS 34. Rates 35. Board to make charges for supply of water 36. Rates and charges to be charged on premises to which they relate 37. Revenue of the Board 38. Disposal of funds 39. Investment powers 40. Expenditure of the Board 41. Advances from the Government 42. Borrowing powers 43. Estimates and accounts 44. Keeping of accounts 45. Audit of the Board’s accounts 46. Auditor may require production of documents and may summon persons 47. Report by the auditor 48. Minister may act on receipt of auditor’s report PART VIIINQUIRIES 49. Inquiries by the Minister PART VIIIOFFENCES 50. Injuries, pollution, etc. 51. Waste, etc. 52. Change of occupancy 53. Fraudulent measurement 54. Foul accumulation of earth 55. Penalty for unauthorized building over or near to pipes, etc. PART IXBY-LAWS 56. Power of the Board to make by-laws PART XMISCELLANEOUS 57. Recovery of penalties 58. Limitation of time for prosecution 59. Burden of proof in certain cases 60. Recovery of moneys 61. Legal representation of the Board 62. Proof of documents 63. Good faith shall be defence to personal liability 64. Minister may make rules 65. Election to transfer to employment with the Board PART XITRANSITIONAL PROVISIONS 66. Power to take over existing waterworks 67. Taking over water-borne sewerage sanitation 68. Vesting of rights, liabilities, etc. PART XIIREPEALS AND SAVINGS 69. Repeal and Savings 17 of 1995G.N. 68/1996 An Act to provide for the establishment of Water Boards and water-areas and for the administration of such water-areas and for the development, operation and maintenance of waterworks and water-borne sewerage sanitation systems in Malawi and for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Waterworks Act. 2. Interpretation In this Act, unless the context otherwise requires— “Board” means a Water Board specified in the Schedule; “domestic purposes” includes every kind of ordinary household purpose, but does not include the use of any engine or machine, any mining operations, the flushing of any sewer or drain, purposes connected with any trade, manufacture or business, the cleansing of any road, path or pavement, or garden purposes; “fathering ground” means any natural or artificial surface which collects the rainfall or which contains any spring, well or stream from which water is or is intended to be drawn for the purpose of a waterworks; “main” means any pipe laid by the Board for the purpose of providing either a general supply of water as distinct from a supply to individual consumers or a general conveyance of sewerage as distinct from the conveyance of sewerage from individual connexions and includes any apparatus used in connexion with such a pipe; “member” means a member of the Board appointed pursuant to section 5, and includes the Chairman of the Board; “meter” means any appliance used to measure or ascertain the amount of water taken or used from the waterworks by means of any service; “occupier” in relation to premises, means any person lawfully occupying such premises; “premises” includes any land, with or without buildings, and any building, room, hut or shed which is held or occupied as a distinct or separate holding or tenancy; “public fountain” includes any fountain, standpipe, valve, tap or appliance…

CHAPTER 7:04CORRUPT PRACTICES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Application 3. Interpretation PART IITHE ANTI-CORRUPTION BUREAU 4. Establishment and composition of the Bureau 5. Appointment of Director 5A. Civil suits by or against the Director 5B. Legal representation 6. Director of the Bureau 6A. Recruitment process for Director 6B. Tenure of Director 7. Appointment of Deputy Director 8. Acting Director 9. Appointment of other officers of the Bureau PART IIIFUNCTIONS AND POWERS OF THE BUREAU 10. Functions of the Bureau 11. Powers of the Bureau 12. Special powers of investigation 12A. Further powers of the Director to obtain information 12B. Bail where suspect or accused is about to leave Malawi 13. Obstructing of officers of the Bureau 14. False reports of information to the Bureau 15. Powers of arrest 16. Identity cards 17. Impersonation, etc., of officers of the Bureau 18. Standing orders 19. Accounts 20. Audit 21. Annual reports 22. Immunity of officers of the Bureau 23. Restriction on disposal of property, etc. 23A. Seizure of property, etc. PART IVOFFENCES 24. Corrupt practices by or with public officers 25. Corrupt use of official powers and procuring corrupt use of official powers 25A. Public officers performing functions corruptly 25B. Misuse of public office 25C. Dealing in contracts 25D. Disclosure of interest by public officers 26. Corrupt transactions by or with private bodies 27. Corrupt transactions by or with agents 28. Corruption of members of public bodies in regard to meetings, etc. 29. Advantage for giving assistance, etc., in regard to contracts 30. Advantage for procuring withdrawal of tenders 31. Advantage in regard to bidding at auction sales 32. Possession of unexplained property 33. Certain matters not to constitute defence 34. Penalty 35. Attempts, conspiracies, etc. 36. Duty of public officers to make reports, etc. 36A. Tracing of property 36B. Value of property PART VADDITIONAL PENALTIES AND RECOVERY OF CORRUPT ADVANTAGE 37. Penalty additional to other punishment 38. Recovery of advantage by distress, etc. 39. Principal may recover advantage corruptly received by agent 40. Effect of conviction of an offence under Part IV 41. Certificate of Government valuation officer or other specialist valuer PART VIPOWERS OF THE DIRECTOR OF PUBLIC PROSECUTIONS 42. 43. 44. PART VIIEVIDENCE AND PRESUMPTIONS 45. Presumptions of corrupt intention 46. Evidence of custom PART VIIIMISCELLANEOUS PROVISIONS 47. Absence of power, authority or opportunity no defence 48. Corrupt practice coming to the notice of a commission 49. False, frivolous or groundless complaints or allegations 49A. Non-compliance with Bureau’s orders, directions, etc. 49B. Unauthorized disclosure by employees, etc., of the Bureau 50. Alternative convictions and amending particulars 51. Legal practitioners and privileged information 51A. Protection of whistle-blowers and other informers 52. Defences 53. Liability of citizens of Malawi for offences committed outside Malawi 54. Regulations 18 of 199517 of 20041 of 201931 of 2022G.N. 10/1996 An Act to provide for the establishment of an Anti-Corruption Bureau; to make comprehensive provision for the prevention of corruption; and to provide for matters connected with or incidental to the foregoing PART IPRELIMINARY 1. Short title This Act may be cited as the Corrupt Practices Act. 2. Application (1) Save as otherwise provided, the provisions of this Act shall apply notwithstanding anything to the contrary contained in the Criminal Procedure and Evidence Code or in any other written law. (2) Subject to subsection (1), all offences under this Act shall be inquired into, tried and otherwise dealt with in accordance with the provisions of the Criminal Procedure and Evidence code. 3. Interpretation In this Act, unless the context otherwise requires— 17 of 2004 “advantage” means any benefit, service, enjoyment or gratification, whether direct or indirect, and includes a payment, whether in cash or in kind, or any rebate, deduction, concession or loan, and any condition or circumstance that puts one person or class of persons in a favourable position over another; “agent” means any person who acts for or on behalf, or in the name, of a public body or a private body or any other person, and includes a trustee, an administrator, an executor and an employee; “bank” has the meaning ascribed thereto in the Banking Act, and includes a financial institution; “Bureau” means the Anti-Corruption Bureau established under section 4; “corruptly” means the doing of, or the engaging in, any corrupt practice; “corrupt practice” means— (a) the offering, giving, receiving, obtaining or soliciting of any advantage to influence the action of any public officer or any official or any other person in the discharge of the duties of that public officer, official or other person; (b) influence peddling; (c) the extortion of any advantage; “Director” means the person appointed under section 5 to be the Director of the Bureau; “Deputy Director” means the person appointed under section 7 to be the Deputy Director of the Bureau; “entertainment”…

CHAPTER 5:04PRESS TRUST RECONSTRUCTION ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Variation of original deed 4. Appointment of Trustees 5. Transfer of assets, liabilities, etc. 6. Freezing of the Trust Fund 7. Liquidation of Press (Holdings) Limited 8. Penalty 9. Rules first Schedule second Schedule 15 of 199526 of 2023 An Act to make provision for the reconstruction of the Press Trust; to clarify the objects and status of the Press Trust and to provide for consequential changes relating to assets forming part of the Press Trust Fund and for matters connected with or incidental to the foregoing 1. Short title This Act may be cited as the Press Trust Reconstruction Act. 2. Interpretation In this Act, unless the context otherwise requires— “existing trustees” means the trustees of the Press Trust at the commencement of this Act; “initial trustee” means the person appointed as such in accordance with section 4; “original deed” means the Press Trust Deed dated the 10th day of February, 1982, and incorporated under the Trustees Incorporation Act on the 5th day of March, 1982, at the office of the Registrar General; “official receiver” has the meaning ascribed to it in the Companies Act; “Press (Holdings) Limited” means the company of that name incorporated under the Companies Act on 13th January, 1969, under company registration number 1210; “Press Trust” means the Trust established under the original deed; “Settlor” means the person referred to in the original deed as the Founder Trustee; “Trust Fund” has the meaning ascribed to it in the original deed and includes any sums wherever held on account of the Trust Fund. 3. Variation of original deed First Schedule For the better administration of the Press Trust, the original deed shall be deemed varied in the terms and form as set out in the First Schedule at the expiry of fourteen days from the date of publication in the Gazette of a notice to that effect given by the Minister of Finance and the terms and form as set out in the First Schedule are hereinafter referred to as the “Deed of Variation”. 4. Appointment of Trustees (1) Upon the publication of the notice referred to in section 3, the President and the Settlor shall, within twenty days from the date thereof, each appoint, by notice in writing to the Attorney General, one person to hold office as initial trustee provided such person is qualified to be appointed a trustee under the Deed of Variation. (2) In the event that either the President or the Settlor fails for whatever reason within the twenty days to appoint the initial trustee under subsection (1), the Attorney General shall appoint such person as he thinks fit, being a person who is qualified under the Deed of Variation to be appointed a trustee, to be initial trustee and such appointment shall be valid for all purposes as if it had been made by the President or Settlor, as the case may be. (3) Upon the appointment of the second of the initial trustees, the existing trustees other than an initial trustee shall cease to hold office as trustee of Press Trust. 5. Transfer of assets, liabilities, etc. Upon the appointment of the initial trustees all the assets or rights of the Trust Fund and all liabilities or obligations of the Trust Fund properly incurred by the existing trustees shall be deemed transferred from the existing trustees to the initial trustees. 6. Freezing of the Trust Fund (1) During the period referred to in section 3, no withdrawal, transfer or disposal shall be made of, nor any overdraft, loan or other encumbrance shall be charged upon, any assets held on account of the Trust Fund without the prior written approval of the Attorney General who, in giving approval, shall at all times act in the best interest of the Press Trust having regard to the provisions of the Deed of Variation. (2) Any person acting in any capacity whatsoever who does anything contravening, or which has the effect of contravening, subsection (1) shall be guilty of an offence. 7. Liquidation of Press (Holdings) Limited (1) Upon the publication of the notice referred to in section 3, all assets and liabilities of Press (Holdings) Limited shall, notwithstanding the provisions of the Companies Act or any other law, be placed in liquidation. (2) For the purposes of the liquidation of the Press (Holdings) Limited under subsection (1), the official receiver shall appoint a duly qualified person as liquidator to wind up the affairs of Press (Holdings) Limited and such costs of liquidation as may be reasonable shall be paid out of the Trust Fund. 8. Penalty Any person guilty of an offence under this Act shall, on conviction, be liable to a fine of K10,000,000 and to imprisonment…

CHAPTER 39:06EXPORT PROCESSING ZONES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF EXPORT PROCESSING ZONES APPRAISAL COMMITTEE 3. Establishment of the Export Processing Zones Appraisal Committee 4. Tenure of office of members of the Committee 5. Allowances of members of the Committee 6. Meetings of the Committee 7. Functions of the Committee PART IIIDECLARATION OF EXPORT PROCESSING ZONES AND EXPORT PRODUCTS 8. Declaration of export processing zones 9. Declaration of export products 10. Issuance of certificates 11. Amendment of certificate 12. Revocation of certificate 13. Register of certificates PART IVRESTRICTION OF CARRYING ON BUSINESS IN EXPORT PROCESSING ZONES 14. Restrictions on carrying business, etc., in export processing zones 15. Restriction on trading PART IVAGOODS WITHIN EXPORT PROCESSING ZONES 15A. Goods deemed to be exported and imported into Malawi PART IVBBENEFITS TO EXPORT ENTERPRISES 15B. Benefits accruing to export enterprises 15C. Restriction on quantities of export products to be sold locally PART VDUTY 16. Duty relief 17. Removal of goods from bonded factory 18. Payment of duty PART VIMISCELLANEOUS 19. Enforcement officers 20. Offences and penalties 21. Regulations 11 of 1995 7 of 2013 G.N. 94/1995 An Act to provide for the establishment, operation and administration of export processing zones, and for matters ancillary thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Export Processing Zones Act. 2. Interpretation In this Act, unless the context otherwise requires— 7 of 2013 ‘‘adequate security’’ means security which has been accepted as adequate by the Controller pursuant to section 16; ‘‘bonded factory’’ means a factory situated in an export processing zone; ‘‘certificate’’ means an export enterprise certificate issued under section 10; 7 of 2013 “Commissioner-General” means the Commissioner-General of the Malawi Revenue Authority appointed under section 17 (1) of the Malawi Revenue Authority Act; ‘‘Committee’’ means the Export Processing Zones Appraisal Committee established under section 3; 7 of 2013 “Customs area” has the same meaning as ascribed to that term in the Customs and Excise Act; ‘‘duty’’ has the same meaning as in section 2 of the Customs and Excise Act; ‘‘enforcement officer’’ means a customs and excise officer, or an officer designated in writing by the Minister as an enforcement officer for the purposes of this Act pursuant to section 19; ‘‘export’’ has the same meaning as in section 2 of the Customs and Excise Act; ‘‘export enterprise’’ means a company in respect of which a certificate is in force; ‘‘export processing zone’’ means any area or building declared to be an export processing zone under section 8; ‘‘export product’’ means a product or produce declared to be an export product under section 9; ‘‘import’’ has the same meaning as in section 2 of the Customs and Excise Act; ‘‘manufacture’’ has the same meaning as in section 2 of the Customs and Excise Act; ‘‘production day’’ means the day on which an export enterprise commences, or is deemed to commence, its operations; ‘‘scheduled equipment’’ means the capital equipment, machinery and spare parts required by an export enterprise for equipping and operating a bonded factory; ‘‘scheduled materials’’ means the materials, components, substances, matters or other things required by an export enterprise for the manufacture of export products. PART IIESTABLISHMENT OF EXPORT PROCESSING ZONES APPRAISAL COMMITTEE 3. Establishment of the Export Processing Zones Appraisal Committee (1) There is hereby established a committee to be known as the Export Processing Zones Appraisal Committee (in this Act otherwise known as the “Committee”) consisting of— 7 of 2013 (a) the Secretary for Industry and Trade who shall be designated by the Minister as Chairperson; (b) the following ex-official members— (i) the Secretary to the Treasury, or his designated representative; (ii) the Secretary for Economic Planning and Development, or his designated representative; (iii) the Secretary for Agriculture and Food Security, or his designated representative; (iv) the Secretary for Labour, or his designated representative; (v) the Commissioner-General, or his designated representative; and (vi) the Chief Immigration Officer, or his designated representative; (c) the Chief Executive Officer of the Malawi Investment and Trade Centre; (d) one member representing the private sector in Malawi nominated by Malawi Confederation of Chambers of Commerce and Industry and appointed by the Minister; and (e) one member representing the Reserve Bank of Malawi, nominated by the Governor and appointed by the Minister. (2) A representative of an ex officio member referred to in subsection 1 (b) shall be designated by, or on behalf of the ex officio member, by a notice in writing to the Chairman of the Committee, and when so designated such representative shall not attend to the business of the Committee by representation. (3) The Committee may, in its discretion, at any time and for any period invite any person, and the Minister may in like manner nominate any person…