Category: Principal Legislation

CHAPTER 9:05ADVISORY COMMITTEE ON THE GRANTING OF PARDON ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Composition of the Committee 4. Meetings of the Committee 9 of 1995 An Act to make provisions relating to the formation and composition of the Advisory Committee on the Granting of Pardon and for matters ancillary thereto or connected therewith 1. Short title This Act may be cited as the Advisory Committee on the Granting of Pardon Act. 2. Interpretation In this Act, unless the context otherwise requires— “Committee” means the Advisory Committee on the Granting of Pardon required to be constituted pursuant to section 89 (2) of the Constitution. 3. Composition of the Committee The Committee shall consist of— (a) the President; (b) such number of ministers of the Government as the President shall consider appropriate to appoint to the Committee; and (c) the Attorney General. 4. Meetings of the Committee (1) The Committee shall meet at such places and times as the President shall determine. (2) Meetings of the Committee shall be presided over by the President. (3) The Committee shall have power to determine its own procedure for its meetings.

CHAPTER 3:06NATIONAL COMPENSATION TRIBUNAL ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Rules of procedure of the Tribunal 4. Members of the Tribunal 5. Deadlines 6. Forms of reparation 7. Oral hearing 8. Oral testimony 9. Reasons for decisions 10. Composition of panels 11. Declaration of suspicion of interest 12. Assessment of loss 13. Categorization of claims 14. Expert guidance 15. Power to amend the Schedule Schedule 8 of 19956 of 1996 An Act to make miscellaneous provisions for the operational procedures of the National Compensation Tribunal and to provide for matters ancillary thereto or connected therewith 1. Short title This Act may be cited as the National Compensation Tribunal (Miscellaneous Provisions) Act. 2. Interpretation In this Act, unless the context otherwise requires— 6 of 1996 “agent” means a person appointed by a claimant to act on behalf of the claimant; “claim” means an application by, or on behalf of, a claimant or joint claimants addressed to the Tribunal for an award in respect of a loss or injury; “claimant” means a person who suffered loss or injury or a person who has at law inherited an entitlement to claim in respect of a loss or injury, and includes a dependant of a claimant and representative, but does not include an agent; “Fund” means the National Compensation Fund established under section 144 of the Constitution; “Public Appointments Committee” means the Public Appointments Committee of the National Assembly established under section 56 (7) of the Constitution; “representative” means— (a) a person through whom a claim is brought by a person beneficially entitled to claim but lacks legal capacity to act; or (b) a person who is authorized to act for another person, including a family unit. “Tribunal” means the National Compensation Tribunal established under Part XIII of the Constitution. 3. Rules of Procedures of the Tribunal The procedures of the Tribunal required under section 140 of the Constitution shall be prescribed by the Chief Justice by rules published in the Gazette. 4. Members of the Tribunal (1) In addition to the Chairman, there shall be such other members of the Tribunal as the Public Appointments Committee shall, from time to time, appoint on the recommendation of the Chief Justice. 6 of 1996 (2) In recommending persons for appointment under subsection (1), the Chief Justice shall act upon requests made to him in that behalf by the Chairman of the Tribunal. 5. Deadlines (1) The Tribunal may prescribe such deadlines as may be required for the expeditious determination of claims or categories of claims, but no final deadlines for the registration of claims or categories of claims shall be fixed upon less than twenty-four months’ notice. 6 of 1996 (2) The Tribunal shall have the discretion to extend or waive deadlines prescribed under subsection (1) in exceptional circumstances in the interest of justice. 6. Forms of reparation The Tribunal shall endeavour to recommend or award one or more forms of reparation to claimants which are most appropriate in the circumstances of the case and to do so in accordance with its rules of procedure. These forms of reparation shall include— 6 of 1996 (a) formal acknowledgment and apology; (b) medical care; (c) establishment of memorials; (d) job retraining; (e) pensions; (f) restitution of property; (g) bonds, shares and share options; (h) monetary compensation by way of a lump sum or instalments; and (i) negotiated settlements with the Government or any other party in relation to the claim. 7. Oral hearing Subject to section 8, claims shall be determined on the basis of written submissions unless the Tribunal grants leave to an oral hearing before the member or members of the Tribunal determining the claim. 6 of 1996 8. Oral testimony The Tribunal shall ensure that persons shall be provided with an opportunity to present oral testimony at the district centre or at any other place appointed by the Tribunal to officers of the Tribunal authorized to take evidence, and such opportunity shall be provided on an annual basis or may be provided more often if the Tribunal so determines. 6 of 1996 9. Reasons for decisions The Tribunal shall give reasons for its decisions which may be specific to a claim or relate to a category of claims. 6 of 1996 10. Composition of panels Claims shall be determined by a single member of the Tribunal subject to the following rules— 6 of 1996 (a) matters of principle shall be decided by all members wherever possible and in any event by not less than two members; (b) claims shall not be dismissed, awards revised or requests for oral hearings refused by less than two members; Schedule (c) claims greater than the amount set out in the Schedule shall be determined by at least two members; (d) claims determined by one…

CHAPTER 2:02PRESIDENTS (SALARIES AND BENEFITS) ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Application of this Act to a former President 4. Salary, pension and benefits of the President, etc. 5. Circumstances when benefits, etc., not payable or available to a former President or former Vice-President 6. Death of the President, etc. Schedule 26 of 199419 of 19957 of 2002 An Act to provide for the salary, benefits, pension and other retirement benefits of the President, Vice-President, former Presidents and former Vice-Presidents of the Republic of Malawi and to provide for matters connected therewith or incidental thereto 1. Short title This Act may be cited as the Presidents (Salaries and Benefits) Act. 2. Interpretation In this Act, unless the context otherwise requires— “former President” or “former Vice-President” means the person who was duly elected and took office as President, or, as the case may be, who was duly appointed and took office as Vice-President, of the Republic of Malawi; “Vice-President” means First Vice-President and Second Vice-President. 3. Application of this Act to a former President The application of this Act shall extend to any former President who ceased to hold office before the commencement of this Act and shall so apply retrospectively to the date he ceased to hold office. 4. Salary, pension and benefits of the President, etc. (1) Subject to the other provisions of this Act— 7 of 2002 (a) the President shall be entitled to— (i) such salary, which shall be tax-free, as Parliament may, from time to time, appropriate to him; (ii) the benefits and facilities specified in Part I of the Schedule; Schedule, Part I (b) the Vice-President shall be entitled to the salary, benefits and facilities specified in Part II of the Schedule; Schedule, Part II (c) a former President shall, upon ceasing to hold office of President, be entitled to the gratuity, monthly pension, benefits and facilities specified in Part III of the Schedule; and Schedule, Part III (d) a former Vice-President shall, upon ceasing to hold office of Vice-President, be entitled to the gratuity, monthly pension, benefits and facilities specified in Part IV of the Schedule. Schedule, Part IV 7 of 2002 (2) The salary of the President shall not, without his consent, be reduced during his term of office, and shall be reviewed at annual intervals. (3) The salary, pension, gratuity and other benefits of the President, the Vice-President, a former President and a former Vice-President shall be a charge on the Consolidated Fund. 7 of 2002 5. Circumstances when benefits, etc., not payable or available to a former President or former Vice-President (1) The pension, other benefits and facilities conferred by this Act on a former President or former Vice-President shall not be paid or enjoyed and shall not accrue during any period when the former President or former Vice-President, as the case may be, is in receipt of a salary from the Government or other State body. (2) A former President or former Vice-President shall cease to be entitled to receive or enjoy the whole or part of the pension, other benefits and facilities conferred by this Act if— (a) he ceased to hold office upon impeachment in accordance with the Constitution; or (b) he is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine, and, in addition, the National assembly, on a motion supported by not less than two-thirds of the members of the Assembly, resolves that the former President or former Vice-President, as the case may be, shall not receive, or be entitled to, the whole or such part of the pension and other benefits as it may determine. 6. Death of the President, etc. (1) Subject to subsection (2), where the President, the Vice-President, a former President or a former Vice-President who is entitled to benefits conferred by this Act dies while in or after having left office, the surviving spouse and any children of the family who have not attained the age of eighteen years shall be entitled jointly to the pension specified in Part III or IV of the Schedule, as the case may be. Schedule, Part III and IV (2) The pension payable under subsection (1) shall cease to be payable, after twenty-four months (excluding the month in which the deceased died) or upon the death of the last eligible beneficiary thereof, whichever is the sooner. ss. 4 and 6 SCHEDULE SALARY AND OTHER BENEFITS OF THE PRESIDENT, VICE-PRESIDENT, FORMER PRESIDENT AND FORMER VICE-PRESIDENT PART ITHE PRESIDENT BENEFITS Free house in Blantyre, Zomba, Lilongwe and Mzuzu, and at Chikoko Bay in Mangochi Free food Free water Free electricity Free medical services and personal physician for the President, spouse and children under the age of eighteen years Free transport Duty free…

CHAPTER 1:03PUBLIC SERVICE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Application PART IIFUNDAMENTAL PRINCIPLES FOR THE ADMINISTRATION OF THE PUBLIC SERVICE 3. Character of the public service 4. Entry and advancement to be based on merit 5. Appointment to posts 6. Appointment of public officers above the rank of under secretary 7. Fair and equal treatment of public officers 8. Equal pay 9. Code of conduct 10. Deployment of public officers 11. Retention of public officers 12. Promotion and training 13. Welfare, etc., for public officers 14. General approach in the management of the public service PART IIIPUBLIC SERVICE ADMINISTRATION AND MANAGEMENT 15. Constitution and abolition of public offices 16. The head of the public service 17. Functions of the head of the public service 18. Establishment of post of Secretary for Human Resource Management and Development 19. Establishment of Department of Human Resource Management and Development 20. Responsibilities of the Secretary for Human Resource Management and Development PART IVADMINISTRATION OF MINISTRIES AND DEPARTMENTS 21. Responsibilities of Principal Secretaries and heads of department 22. Supervision of administration of ministries 23. Accountability of Principal Secretaries and heads of department 24. Accountability by management PART VINDIVIDUAL RIGHTS AND RESPONSIBILITIES OF PUBLIC OFFICERS 25. Responsibility and role of officers 26. Right of officers regarding terms and conditions of service PART VIMISCELLANEOUS 27. Restriction on termination of the service of public officers 28. The Civil Service Commission, etc. 29. Retirement age 30. Regulations 31. Savings 19 of 1994G.N. 51/1994 An Act to make provision for the administration of the public service and for matters ancillary thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Public Service Act. 2. Application This Act shall apply with respect to the administration of the public service save as otherwise provided under any written law with respect to any part of the public service. PART IIFUNDAMENTAL PRINCIPLES FOR THE ADMINISTRATION OF THE PUBLIC SERVICE 3. Character of the public service The public service shall— (a) aim to deliver services to the public in an efficient and effective manner; (b) be the instrument for generating and maintaining public confidence in the Government; (c) be impartial, independent and permanent so as to enable the public to continue to receive Government services and in order that the executive functions of the Government continue uninterrupted irrespective of which political party is in power; (d) be guided only by concerns of the public interest and of the welfare of the public in the delivery of services and the formulation and implementation of development projects; (e) aim to achieve and maintain the highest degree of integrity and proper conduct amongst the personnel at all grades. 4. Entry and advancement to be based on merit Entry into and advancement within the public service shall be determined solely on the basis of merit, namely, relative ability, knowledge, skill and aptitude after fair and open competition which assures that all citizens receive equal opportunity. 5. Appointment to posts (1) In selecting candidates for appointment to posts in the public service, the selecting authority shall have regard primarily to the need for promoting efficiency in the public service. (2) No person shall be appointed in the public service except to fill a post which is appropriately established and is vacant and has been properly estimated for in the estimates of expenditure. 6. Appointment of public officers above the rank of under secretary Subject to the Constitution, the power to appoint any person in the public service to a post above the rank of under secretary shall vest in the President. 7. Fair and equal treatment of public officers All public officers shall be treated fairly and equally in all aspects of human resource management and development without regard to their political, tribal or religious affiliation or to their sex, age or origin in Malawi. 8. Equal pay The basis for remuneration of public officers shall be equal pay for work of equal value and recognition for excellence in the performance of their duties as determined by an objective method of evaluation. 9. Code of conduct Disciplinary provisions to regulate the code of conduct of public officers shall be in accordance with regulations made, or deemed to have been made, under this Act. 10. Deployment of Public Officers The deployment of public officers within the public service shall be based solely on the exigencies of the service, balancing the following factors— (a) the need to promote and achieve higher individual output of the public officer and to ensure his job satisfaction; (b) the need to achieve higher organizational performance of the public service; and (c) the attainment of national objectives. 11. Retention of public officers The retention of a public officer in the public service at any time after his…

CHAPTER 8:04MUTUAL ASSISTANCE IN CRIMINAL MATTERS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title and commencement 2. Interpretation 3. Application of this Act 4. Appropriate authority in Malawi 5. Restriction with respect to operation of this Act PART IIREQUESTS BY MALAWI TO COMMONWEALTH COUNTRIES FOR ASSISTANCE Division 1General Assistance 6. Assistance in obtaining evidence, etc. 7. Assistance in locating or identifying persons 8. Assistance in obtaining article or thing by search and seizure if necessary 9. Assistance in arranging attendance of persons 10. Assistance in transferring prisoners 11. Assistance in serving documents 12. Restriction on use of evidence, etc. 13. Immunities and privileges Division 2Assistance in Connexion with Serious Offences 14. Assistance in tracing property, etc. 15. Assistance in relation to certain orders 16. Assistance in obtaining orders in nature of restraining orders PART IIIREQUESTS BY COMMONWEALTH COUNTRIES TO MALAWI FOR ASSISTANCE Division 1Form and Acceptance or Refusal of Requests 17. Form of requests 18. Acceptance or refusal of requests, etc. Division 2General Assistance 19. Assistance to a country in obtaining evidence, etc. 20. Assistance to a country in locating or identifying a person 21. Assistance to a country in obtaining article or thing, by search and seizure if necessary 22. Assistance to a country in arranging attendance of persons to give evidence 23. Assistance to a country in transferring a prisoner 24. Assistance to a country in serving documents Division 3Assistance in Connexion with Serious Offences in Commonwealth Countries 25. Assistance to a country in tracing property, etc. 26. Assistance to a country in relation to certain orders 27. Assistance to a country in obtaining orders in nature of restraining orders PART IVMISCELLANEOUS 28. Certificates given by the Attorney General 29. Proof of documents 30. Transit 31. Escaping 32. Arrest of person who has escaped from custody 33. Regulations Schedule 24 of 1991G.N. 23/1994 An Act to make provision with respect to the scheme relating to mutual assistance in criminal matters within the Commonwealth, to facilitate the operation of that scheme in Malawi and to make provision concerning mutual assistance in criminal matters between Malawi and countries other than Commonwealth countries, and to provide for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Mutual Assistance in Criminal Matters Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “appropriate authority”— (a) in relation to Malawi, means the person or authority designated pursuant to section (4); (b) in relation to any Commonwealth country, means the person or authority designated by that country for the purpose of transmitting and receiving requests under the Scheme; “judicial records” means judgments, orders and decisions of courts, and other records held by judicial authorities; “official records” means documents held by government departments or agencies or prosecution authorities; “relevant proceedings” means proceedings under or pursuant to this or any other Act arising directly or indirectly from a request for assistance under this Act by a Commonwealth country; “Scheme” means the scheme relating to Mutual Assistance in Criminal Matters within the Commonwealth; “serious offence” means an offence the maximum penalty for which is death or imprisonment for not less than twelve months; “transmitted”, in relation to a request, means— (a) in Part II, transmitted by the appropriate authority in Malawi to the appropriate authority in the commonwealth country from which assistance is requested; and (b) in Part III, transmitted by the appropriate authority in the Commonwealth country making a request for assistance, to the appropriate authority in Malawi. (2) A reference in this Act to the law of a Commonwealth country includes a reference to the law of a part of or the law in force in a part of, that country. (3) For the purposes of this Act, a ship or aircraft of, or registered in, Malawi or a Commonwealth country shall be deemed to be part of Malawi or, as the case may be, the Commonwealth country. (4) For the purposes of this Act, a person shall be deemed to have been charged with a serious offence in Malawi or in a Commonwealth country if any information or indictment has been laid or filed against the person for the offence, whether or not— (a) a summons to require the attendance of the person to answer to the information or indictment; or (b) a warrant for the apprehension of the person, has been issued. (5) Where, in Malawi or a Commonwealth country— (a) a person has been convicted by a court of a serious offence; and (b) with his consent, another serious offence, of which he has not been found guilty, is taken into account by the court in passing sentence for the offence referred to in paragraph (a), the person shall, for the purposes of this Act, be deemed to have been…

CHAPTER 66:07NATIONAL PARKS AND WILDLIFE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Purposes of this Act 4. Ownership of wild animals or plants PART IIADMINISTRATION 5. Chief Parks and Wildlife Officer and other officers 6. Duties of the Chief Parks and Wildlife Officer 7. Appointment of an Honorary Parks and Wildlife Officer 8. Powers of officers 9. Seizure of specimens and articles 10. Return of seized specimens and articles 11. Barriers to be placed across roads 12. Arrest of persons for committing offences 13. Prosecution by officers 14. Production of documents for inspection 15. Obstruction of officers, etc. 16. Alteration, etc., of official record PART IIIWILDLIFE RESEARCH AND MANAGEMENT BOARD 17. Establishment of the Board 18. Composition of the Board 19. Functions of the Board 20. Meetings of the Board 21. Members of the Board not deemed public officers 22. Allowances PART IIIALOCAL COMMUNITY PARTICIPATION AND PRIVATE SECTOR INVOLVEMENT 22A. Purposes of this Part 22B. Wildlife management agreement 22C. Minister may make rules PART IVENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENTS 23. Request to conduct an environmental and social impact assessment 24. Submission of assessment reports to the Minister 25. Contents of assessment reports PART VDECLARATION AND MANAGEMENT OF PROTECTED AREAS 26. Declaration of protected areas 27. Purposes of protected areas 28. Procedure for declaration of protected areas 29. Acquisition of land for protected areas 30. Temporary management measures 31. Description of the area to be declared a protected area 32. Prohibition of entering or residing in protected areas without authority 33. Prohibition of possession or use of weapons, traps, explosives or poisons 34. Prohibition of deposition of litter or waste 35. Other prohibited acts in a protected area 36. Destruction of domestic animals by officers 37. Prohibition of introduction of plants into protected areas 38. Prohibition against fire in protected areas 39. Control of harvest in protected areas 40. Board to be appraised of the data 41. Regulations for use of protected areas PART VIPROTECTED SPECIES, ENDANGERED SPECIES OR LISTED SPECIES 42. Purpose of this Part 43. Declaration of protected species, endangered species or listed species 43A. Endangered species or listed species 44. Game species 45. Animals or plants which are not protected species, endangered species or listed species PART VIILICENCES AND PERMITS TO TAKE OR HUNT WILDLIFE 46. Purpose of this Part 47. General prohibition against hunting or taking without a licence 48. Classes of licences 48A. Permits 49. Licence not transferable 50. Bird licence 51. Game licence 52. Visitor’s licence 53. Special licence 54. Hunting licence 54A. Animal captivity licence 54B. Game farming licence 54C. Game ranching licence 54D. Professional hunter’s licence 55. Grounds on which a licence may be refused 56. Appeal to the Minister against refusal of issuance of licence or permit 57. Cancellation of a licence 58. Appeal to the Minister upon cancellation of a licence 59. Cancellation or suspension of a licence 60. Inspection of a licence and the keeping of records 61. Method of computing numbers or quantities of animals hunted or taken 62. Guides, trackers and porters PART VIIIMETHODS OF HUNTING AND TAKING AND RESPONSIBILITIES OF HUNTERS 63. Purpose of this Part 64. Prohibition of use of fire for hunting 65. Prohibition of hunting of dependant young 66. Prohibited acts against killing protected species, endangered species or listed species, etc. 67. Regulations for weapons to be used in hunting 68. Prohibition of hunting during hours of darkness 69. Hunting by traditional methods 70. Use of motor vehicles, aircraft or radio communication prohibited 71. Regulations for use of domestic animals in hunting 72. Regulations for use of substances or devices in hunting PART IXHUNTING DANGEROUS ANIMALS, KILLING IN ERROR, WOUNDING AND MOLESTING ANIMALS 73. Purposes of this Part 74. Killing a protected species, endangered species or listed species in self-defence 75. Killing a game species in defence of property 76. Ownership of carcass not transferable 77. Reports to be made to an officer where protected species, endangered species or listed species cause damage to property 78. Reports to be made to an officer where protected species, endangered species or listed species is killed through error or by accident 79. Wounded protected species, endangered species or listed species 80. Wounded dangerous animals 81. Dangerous animals posing threat to human life or property 82. Molesting or provoking wild animals prohibited 83. Protection of wild animals 84. Use of repellant substances or devices PART XCOMMERCE RELATED TO WILDLIFE 85. Purpose of this Part 86. Prohibition of possession, sale and buying, of protected species, endangered species or listed species 87. Regulations for controlling trade or dealings in protected species, endangered species or listed species 88. Certificate of ownership 89. Transfer of ownership of specimen 90. Government trophy 91. Dealings in government trophy 92. Professional hunter’s licence 93. Certain prohibited acts by non-professional hunters…

CHAPTER 14:05GENERAL AMNESTY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIGENERAL AMNESTY 3. General Amnesty 4. Acts to which this Act applies 5. Discontinuance of proceedings, release from custody and remission of imprisonment 6. Validity of convictions PART IIIRETURNEES 7. Establishment of the Returnees Committees 8. Secretariat 9. Functions of the Committee 10. Meetings of the Committee 11. Funds of the Committee 12. Questions as to who is a returnee 13. Duration of the mandate of the Committee 14. Regulations 16 of 199326 of 1993 An Act to grant general amnesty to citizens of Malawi resident in or outside Malawi , in respect of certain activities of a political nature whether or not constituting offences under the Laws of Malawi and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the General Amnesty Act. 26 of 1993 2. Interpretation In this Act, unless the context otherwise requires— “act”, in relation to any act to which this Act applies; includes a statement or a publication made in any form; 26 of 1993 “Committee” means the Returnees Committee established under ­section 7; 26 of 1993 “returnee” means a citizen of Malawi coming or returning to Malawi, to permanently reside in Malawi, under amnesty granted under this Act. PART IIGENERAL AMNESTY 3. General ­amnesty (1) Any person, being a citizen of Malawi resident in or outside Malawi, whether in political exile or otherwise, who, at any time before the commencement of this Act, within or outside Malawi, severally or jointly with others, committed or did, or was privy to the commission or doing of any act, being an act to which this Act applies as specified in section 4, is hereby granted general amnesty and shall not be liable— (a) to be prosecuted for an offence constituted by such act, or (b) to be detained under a detention order or arrested pending a detention order under the Preservation of Public Security Act. (2) A person who at the commencement of this Act is being held in police custody or in a prison in Malawi otherwise than for an offence under any written law or other lawful ground shall be deemed to be so held for an act to which this Act applies and is hereby granted amnesty and shall be released from such custody without further procedure. 4. Acts to which this Act applies This Act shall apply in respect of any act, whether or not constituting an offence under any written law, committed or done— (a) for purposes of— (i) promoting or furthering the objective or the interests of any political party, pressure group or movement however called or described; or (ii) promoting or furthering any objective whatsoever for the purpose of advocating change to, or reform of, the form of government, or the mode of governance, of the Republic; (b) in pursuit of religious or political convictions. 5. Discontinuance of proceedings, release from custody and remission of imprisonment (1) Any proceedings pending before any court against any person in respect of any act to which this Act applies shall, without further procedure, be discontinued. (2) Any person who at the commencement of this Act is under arrest for an offence constituted by an act to which this Act applies, whether or not court proceedings in respect thereof have commenced, shall forthwith be released without further procedure. (3) Any person who at the commencement of this Act is serving a term of imprisonment in respect of an offence constituted by an act to which this Act applies, is hereby granted a remission of the remainder of his sentence. 6. Validity of convictions Nothing in this Act shall affect the validity of the conviction of any person by a court before the commencement of this Act of an offence constituted by an act to which this Act applies, but so however, that such conviction shall— (a) henceforth cease to have effect, or to count as a previous conviction for purposes of any prosecution of such person for any offence; (b) not operate as a bar or an incapacity for such person to hold any office or to enter into any contractual, fiduciary or other relationship with another person nor operate against him as any incapacity whatsoever. PART IIIRETURNEES 7. Establishment of the Returnee Committee (1) There is hereby established a committee to be known as the Returnees Committee (in this Act referred to as the “Committee”) which shall consist of the following members— (a) the Commissioner for Disaster Preparedness and Relief, or his designated representative who shall be the Chairman of the ­Committee; (b) The Secretary for Women and Children Affairs and Community Services, or his designated representative who shall be the Vice-Chairman of the Committee; (c) the Secretary…

CHAPTER 53:02ARCHITECTS AND QUANTITY SURVEYORS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION Division ABoard of Architects and Quantity Surveyors 3. Establishment of the Board 4. Composition of the Board 5. Disqualifications 6. Tenure of office of members of the Board and vacancies thereon 7. Remuneration of members of the Board 8. Secretary/Registrar 9. Other staff of the Board 10. Meetings of the Board 11. Committees of the Board 12. Co-opted persons 13. Minutes of Board and Committee meetings Division BPowers of the Board 14. Powers of the Board 15. Power of the Board to make rules 16. Non-liability of members of the Board PART IIIFINANCIAL AND ACCOUNTANCY PROVISIONS 17. Funds of the Board 18. Investment of surplus sums 19. Borrowing powers 20. Financial year of the Board 21. Books, accounts, audits and reports PART IVREGISTRATION 22. Registers 23. Architects and Quantity Surveyors must be registered 24. Applications to the Board 25. Qualification for registration as an Architect 26. Qualification for registration as a Graduate Architect 27. Qualification for registration as an Architectural Technician 28. Qualification for registration as a Quantity Surveyor 29. Qualification for registration as a Graduate Quantity Surveyor 30. Qualification for registration as a Quantity Surveying Technician 31. Certificate of registration 32. Correction of registers PART VDISCIPLINARY PROVISIONS 33. Suspension or striking out of register of Architects or Quantity Surveyors 34. Suspension or striking out of register of Graduate Architects, Architectural Technicians, Graduate Quantity Surveyors or Quantity Surveying Technicians PART VIOFFENCES 35. Unlawful practice of architecture or quantity surveying 36. Unlawful use of descriptions 37. Unlawful employment of non-registered person 38. Fraudulent entries and copies PART VIIMISCELLANEOUS 39. Use of title 40. Execution of certificates or other documents 41. Regulations 42. Appeals 43. Repeal of Cap. 53:02 and savings 29 of 1991G.N. 72/1992 An Act to provide for matters relating to the professions of architecture and quantity surveying in Malawi and to the qualifications, registration and control of the members thereof; to establish the Board of Architects and Quantity Surveyors, a body corporate, as the qualifying, registering and disciplinary authority of such professions; and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Architects and Quantity Surveyors Act. 2. Interpretation In this Act, unless the context otherwise requires— “approved institution” means any university, institute, college or school of architecture or quantity surveying approved by the Board pursuant to section 14 (b); “Board” means the Board of Architects and Quantity Surveyors established by section 3; “Chairman” means the Chairman of the Board designated by the Minister pursuant to section 4 (3); “financial year” means the financial year of the Board as provided by section 20; “register” means the register of Architects, or the register of Graduate Architects, or the register of Architectural Technicians, or the register of Quantity Surveyors, or the register of Graduate Quantity Surveyors, or the register of Quantity Surveying Technicians, as the case may be, maintained by the Board pursuant to section 22; “Registrar” means the Secretary; “Secretary” means the Secretary to the Board designated by the Minister pursuant to section 8; and “Vice-Chairman” means the Vice-Chairman of the Board designated by the Minister pursuant to section 4 (3). PART IIADMINISTRATION Division Aboard of architects and quantity surveyors 3. Establishment of the Board (1) There is hereby established a Board under the name of the Board of Architects and Quantity Surveyors (in this Act referred to as the “Board”) which shall be a body corporate with perpetual succession and a common seal, with power to alter and change the same from time to time, and shall, under that name, be capable of suing and being sued and, subject to the provisions of this Act, of purchasing or otherwise acquiring, holding or alienating property, real or personal, and of doing all such acts and things as bodies corporate may by law do or perform. (2) The common seal of the Board shall be authenticated by the signatures of the Chairman, or of the person for the time being performing the functions of Chairman, and of one other member of the Board designated by the Board for such purpose, and any document purporting to be sealed with the seal of the Board and so authenticated shall be admissible in evidence of the particulars stated in that document. (3) The Board may use a wafer or rubber stamp in lieu of an embossed seal until such time as an embossed seal is procured by the Board. 4. Composition of the Board (1) The Board shall consist of the following members— (a) the public officer for the time being holding, or acting in, the post of Controller of Buildings; (b) an officer in the public service, who is a registered architect or…

CHAPTER 51:01INDUSTRIAL LICENSING ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Industrial licence required for the manufacture of certain products 4. Minister to make regulations for the purposes of this Act 5. Compliance with other laws 6. Requirements with respect to the manufacture of other products 26 of 1991 An Act to provide for the control and regulation of the manufacture of certain products and to repeal and replace the Industrial Development Act and further to provide for matters incidental thereto or connected therewith 1. Short title This Act may be cited as the Industrial Licensing Act. 2. Interpretation In this Act, unless the context otherwise requires— “industrial licence” means a licence issued under this Act; “manufacture” means to subject physical matter to any process which materially changes it in substance, character or appearance and includes the business of treating or disposing of hazardous waste by a person other than a local authority; “product” means any article, thing or substance produced as a result of any manufacturing process. 3. Industrial licence required for the manufacture of certain products (1) Every person manufacturing a product of a description specified in the Schedule to this Act at any place in Malawi must be in possession of an industrial licence to manufacture that product at that place issued to him in accordance with regulations made under this Act. (2) A person who contravenes subsection (1) shall be guilty of an offence and liable to a fine of K20,000 and to imprisonment for three years. (3) The Minister may, by order published in the Gazette, amend the Schedule to this Act. (4) An order under subsection (3) amending the Schedule to this Act so as to add any product to the list of products of a description specified therein shall be made only with the advice of the Board of the Malawi Investment Promotion Agency established under the Investment Promotion Act. 28 of 1991 (5) Determination by the Minister that a product is of a description specified in the Schedule to this Act shall be final and shall not open to any question in or by any court. 4. Minister to make regulations for the purposes of this Act (1) The Minister shall, by regulations published in the Gazette, provide for— (a) all matters relating to applications for an industrial licence; (b) the issuing of an industrial licence and for conditions, if any, attached thereto; (c) the requirement for publications of an industrial licence and for the making of representations or objections concerning an application for an industrial licence; (d) the conduct of inquiries into an application for an industrial licence and into representations or objections, if any, concerning such application; (e) the grounds on which an industrial licence may not be granted or, if granted, may not be renewed or may be cancelled; (f) the obligations of the holder of an industrial licence; (g) the transfer of an industrial licence; (h) offences and penalties for contravention of the regulations; (i) any matter which the Minister considers necessary or expedient for the purposes of this Act or of any provision of any regulations made under this Act. (2) The Minister may make different regulations or may, in any regulations, make different provisions for different products or different classes of products. (3) The Minister may, in regulations made under this Act— (a) authorize the making (for the purpose of this Act, or of regulations made under this Act) of rules, orders, notices or other form of subsidiary legislation by the Minister or by any public officer specified in the regulations; (b) provide for any level of fines and any term of imprisonment as penalty for any offence against the regulations or against rules, orders, notices or other form of subsidiary legislation made under the regulations, notwithstanding the maximum levels of penalties prescribed in section 21 (e) of the General Interpretation Act with respect to offences under subsidiary legislation. 5. Compliance with other laws The issue of a licence to any person under this Act shall not be deemed in any way to relieve the licencee from compliance with any other written law relating to the activity for which the licence was issued. 6. Requirement with respect to the manufacture of other products (1) The Minister may, by order published in the Gazette or by written notice to the manufacturer, require the manufacturer of any product, notwithstanding that the product is not of a description specified in the Schedule to this Act as one for which an industrial licence is required, to furnish to the Minister regularly or otherwise and within such period of time as the Minister may specify in the order or the notice the type or some of the type of information required to be furnished by a manufacturer licensed under…

CHAPTER 34:03ANATOMY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIAUTHORITY FOR ANATOMICAL EXAMINATION OF THE BODY OF A DECEASED PERSON 3. Authority for anatomical examination of the body of a deceased person 4. Inquests, postmortems, etc. 5. Persons who may give authority in respect of bodies lying in hospitals, etc. 6. Examination of bodies to be under supervision of a medical practitioner or a dentist 7. Conditions to be complied with before a body is examined 8. Disposal of body examined anatomically 9. Illegal taking or removing of parts of a body of a deceased person 10. Postmortem examination of a body 11. Removal of tissue from bodies of living persons PART IIICONDUCT OF ANATOMICAL EXAMINATIONS AND APPROVED SCHOOLS OF ANATOMY 12. Conduct of anatomical examinations of bodies 13. Designation of schools of anatomy PART IVMISCELLANEOUS 14. Acquisition, preservation, receiving, use, etc., by authorized institutions 15. Control over the body or tissue 16. Prohibition of sale of body or tissue 17. Prohibition of publication of identity of donor or of recipient of body or tissue 18. Offences and penalties 19. Documentation 20. Inspection 21. Dispatch of bodies or tissue between Malawi and other countries 22. Prohibition against unauthorized exportation of tissue 23. Regulations 24. Repeal of Cap. 34:03 34 of 199035 of 2016G.N. 39/199180/2018 An Act to make provision for the donation, examination and use of bodies, or parts of bodies, of deceased persons for educational, scientific, research, therapeutic or diagnostic purposes; to re-enact the law dealing with human tissue and to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Anatomy Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘approved school of anatomy’’ means any school, college, hospital or other institution authorized under this Act to receive, acquire, preserve, issue or use the bodies of deceased persons for educational, scientific, therapeutic or diagnostic purposes; ‘‘body’’ means the human body; ‘‘dentist’’ means a person registered as such under the Medical Practitioners and Dentists Act; ‘‘examine anatomically’’ includes dissection of a body; ‘‘medical practitioner’’ means a person registered as such under the Medical Practitioners and Dentists Act; ‘‘scientific purposes’’ means— (a) any medical or dental education or research; or (b) the advancement of medical or dental science; ‘‘therapeutic purposes’’, in relation to the use of tissue removed from the body of a person, means therapy of, including use in, the body of any other living person; ‘‘tissue’’ means any human tissue including any human flesh, organ, bone, body fluid or derivative of any human tissue. PART IIAUTHORITY FOR ANATOMICAL EXAMINATION OF THE BODY OF A DECEASED PERSON 3. Authority for anatomical examination of the body of a deceased person (1) If any person, either in writing signed by him at any time or orally in the presence of two or more witnesses during the illness from which he died— (a) has directed or expressed the wish that his body after his death be examined anatomically; or (b) has nominated any person to examine his body anatomically after his death, the person lawfully in possession of that person’s body after his death shall, if such direction, wish or nomination is made known to him before he has disposed of the body, in writing authorize that the body be examined anatomically or, in the case of nomination, shall in writing authorize the person nominated to examine the body anatomically, in either case, in an approved school of anatomy, unless the person lawfully in possession of the body has reason to believe that the direction or nomination was withdrawn by the deceased, or that the surviving spouse or a close relative of the deceased person objects to the body being examined anatomically. (2) No authority shall be given under subsection (1) in respect of a body of a deceased person by a person lawfully in possession of the body for the purpose only of its cremation or interment. 4. Inquests, postmortems, etc. Where a person has reason to believe that, in accordance with any written law— (a) an inquest may be required to be held on a body of a deceased person; or (b) a postmortem may be required to be carried out on a body of a deceased person; or (c) a body of a deceased person or any part of the body may be required to be dealt with or disposed of in any other manner prescribed by or under such written law or any other written law, he shall not give authority under section 3 in respect of that body or part thereof or act on such authority given by any other person. 5. Persons who may give authority in respect of bodies lying in hospitals, etc. Where the body of a…