Category: Principal Legislation

CHAPTER 29:01MONUMENTS AND RELICS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION 3. Chief Antiquities Officer and other staff 4. Duties of the Chief Antiquities Officer PART IIITHE MONUMENTS AND RELICS ADVISORY COUNCIL 5. Establishment and composition of the Council 6. Secretary to the Council 7. Functions of the Council 8. Meetings of the Council 9. Members not deemed public officers 10. Allowances PART IVDECLARATION, CONSERVATION AND PRESERVATION OF PROTECTED MONUMENTS AND RELICS 11. Protected monuments and relics 12. Acceptance of monuments and relics 13. Prohibition on alteration, etc. 14. Structures, buildings, etc., erected in contravention of this Act 15. Agreements for conservation and preservation of monuments and relics 16. Owners who are under disability 17. Enforcement of agreements 18. Compulsory acquisition of monuments or relics by the Minister 19. Limitation on powers of compulsory purchase or acquisition of monuments and relics 20. Custody of protected monuments and relics 21. Maintenance of protected monuments and relics PART VLISTING OF MONUMENTS OF NATIONAL OR LOCAL IMPORTANCE 22. List of national monuments 23. List of monuments of local importance 24. Demolition, etc., of listed monuments PART VIOWNERSHIP, DISCOVERY, COLLECTION, EXCAVATION AND REMOVAL OF MONUMENTS AND RELICS 25. Ownership of monuments and relics 26. Transfer of ownership, etc., of protected monuments or relics 27. Notification of discovery of monuments or relics. 28. Authorization for archaeological research 29. Rescue archaeology 30. Archaeological permits 31. Obligations of the holder of an excavation permit 32. Excavation permits not transferrable 33. Government to refrain from certain acts of publication, etc. 34. Cancellation of excavation permit 35. Research co-operation PART VIIDEALING IN MONUMENTS AND RELICS 36. No dealing in monuments and relics unless licensed 37. Dealer’s licence 38. Cancellation of licence 39. Prohibition of fraud in monuments and relics PART VIIIEXPORTATION AND IMPORTATION OF MONUMENTS AND RELICS 40. Export licence 41. Applications for an export licence 42. Validity and duration of an export licence 43. Export levy 44. Value of monuments and relics for purpose of export levy 45. Packing of monuments or relics for export 46. Seizure of monuments or relics exported without a licence 47. Offence for illegal exports 48. Temporary export and import permits 49. Recovery of smuggled monuments or relics PART IXGENERAL 50. Right of access 51. Relinquishment of control over monuments and relics 52. Removal of protection 53. Publication in the Gazette 54. Public donations 55. General offences 56. General penalty 57. No suit against public offices, etc. 58. Regulations PART XREPEAL AND SAVINGS 59. Repeal and savings CHAPTER 29:01MONUMENTS AND RELICS 16 of 1990G.N. 41/1991 An Act to repeal the Monuments Act; to make provision for the conservation, preservation and study of cultural heritage including places of distinctive natural beauty and of sites, buildings and objects of archaeological, palaeontological, geological, anthropological, ethnological, historical, prehistorical and other interests; and to provide for the declaration of protected monuments and relics and acquisition thereof by the Government and the acquisition by the Government of rights and trusteeship over monuments and relics and for the preservation thereof by agreement with the owners; and to provide for the listing of monuments and the registration of monuments and relics; and to provide for the procedure to be followed in relation to the discovery, excavation, removal, sale, exportation and importation of monuments, relics and collections of cultural heritage; and to establish an advisory council to advise the Minister on matters aforesaid; and to provide for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Monuments and Relics Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Chief Antiquities Officer’’ means the person appointed as such pursuant to section 3 and includes any officer subordinate to him; ‘‘collection’’, in relation to relics, means a permanent collection thereof; ‘‘conservation’’ means measures taken to prevent destruction, deterioration or loss of cultural and natural heritage of Malawi; ‘‘Council’’ means the Monuments and Relics Advisory Council established under section 5 (1); ‘‘excavation’’ means the removal of any overburden deposit or the exposure of any buried or partially buried material in Malawi; ‘‘listed monument’’ means a monument which is included in a list compiled under section 22 or 23; ‘‘local authority’’ means the owner of a monument or relic, or an institution or organization, whether a company, or a district, municipal or city council, a church or other religious body or any other organization, whether corporate or unincorporate, which has a claim to ownership of a monument or relic; ‘‘maintenance’’ includes the fencing, covering, repairing, restoring and cleansing of any monument or relic and the surroundings thereof, and the doing of any act which may be necessary for the purpose of maintaining a monument or relic or securing convenient access thereto; ‘‘monument’’ means— (a) any area of land which…

CHAPTER 33:04NATIONAL FAMILY WELFARE COUNCIL OF MALAWI ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title and commencement 2. Interpretation PART IITHE NATIONAL FAMILY WELFARE COUNCIL OF MALAWI 3. Establishment of the Council 4. Composition of the Council 5. Vacation of office of members of the Council 6. Filling of vacancies on the Council 7. Co-opted persons 8. Chairman and Vice-Chairman 9. Remuneration of members of the Council 10. Meeting 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 PART IVMANAGEMENT OF THE COUNCIL 15. Appointment of Executive Secretary and other staff PART VFINANCIAL PROVISIONS 16. Funds, accounts and audit PART VICOMMITTEES OF THE COUNCIL 17. Policies, Programmes and Procedures Committee 18. Quality Control Committee 19. Education Committee PART VIIMISCELLANEOUS PROVISIONS 20. Regulations 20 of 1990G.N. 126/1990 An Act to make provision for the co-ordination, promotion, fostering and implementation of family welfare programmes in Malawi; the establishment of a National Family Welfare 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 Family Welfare Council of Malawi Act. 2. Interpretation In this Act, unless the context otherwise requires— “Chairman” means the person designated as Chairman of the Council under section 8; “Council” means the National Family Welfare Council of Malawi established under section 3; “Family Welfare” means the well-being of all persons in Malawi in all aspects of their cultural, social, economic and other forms of human development, reproduction, growth, population and other human development related matters. PART IITHE NATIONAL FAMILY WELFARE COUNCIL OF MALAWI 3. Establishment of the Council There is hereby established a body to be known as the National Family Welfare Council of Malawi which shall be— (a) a body corporate with perpetual succession and a common seal; (b) in its corporate name, capable of suing and being sued; (c) capable of holding, purchasing and otherwise acquiring and disposing of any property, moveable or immoveable, 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) three persons representing religious organizations in Malalwi; (ii) a representative of the Private Hospital Association of Malawi; (iii) a representative of the Council for Social Welfare; (iv) a representative of the Malawi Broadcasting Corporation; (v) a representative of the Chitukuko Cha Amayi m’Malawi; (vi) not less than three and not more than five other members representing the non-governmental sector; (b) the following ex-officio members— (i) the Secretary for Health or his representative; (ii) the Secretary for Community Services or his representative; (iii) the Secretary for Education and Culture or his representative; (iv) the Secretary to the Treasury or his representative; (v) the Secretary for Media Services and Public Affairs or his representative; and (vi) the Secretary for Economic Planning and Development 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 thereof, 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) 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 of a fine and sentenced to imprisonment for a period exceeding six months; (d) if in the opinion of the Minister he becomes mentally or physically incapable of efficiently performing his duties as a member of the Council; and (e) if the Minister so directs. 6. Filling of vacancies on the Council (1) On vacation of office by a member of the Council, the vacancy shall be filled by a person appointed in accordance with the relevant provisions of section 4 (1) (a) under which the former member was appointed: Provided that if the…

CHAPTER 49:07ARTS AND CRAFTS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIPROMOTION OF ARTS AND CRAFTS 3. Appointment of Chief Arts and Crafts Officer and other staff 4. Duties of Chief Arts and Crafts Officer PART IIIARTS AND CRAFTS ADVISORY COUNCIL 5. Establishment of the Council 6. Functions of the Council 7. Secretary to the Council 8. Constitution, proceedings and other matters of the Council PART IVMISCELLANEOUS 9. Regulations Schedule An Act to provide for the development, promotion, preservation, presentation and study of arts and crafts and folklore in Malawi; the establishment of the Arts and Crafts Advisory Council; and for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Arts and Crafts Act. 2. Interpretation In this Act, unless the context otherwise requires— “Chairman” means the Chairman of the Council designated in accordance with the provision of the Schedule; “Council” means the Arts and Crafts Advisory Council established by section 5. PART IIPROMOTION OF ARTS AND CRAFTS 3. Appointment of Chief Arts and Crafts Officer and other staff There shall be appointed in the public service an officer to be designated as the Chief Arts and Crafts Officer and such other staff subordinate to the Chief Arts and Crafts Officer as may be deemed necessary for the discharge of the duties specified in section 4. 4. Duties of Chief Arts and Crafts Officer The Chief Arts and Crafts Officer shall, subject to this Act and to the general or special direction of the Minister— (a) be responsible for the revival, promotion, development and presentation of arts and crafts; (b) carry out research in the development and production of arts and crafts; (c) provide advisory services, training facilities and technical assistance to organizations and persons engaged in the production of arts and crafts; (d) assist organizations and persons engaged in the sale or exportation of arts and crafts; (e) develop public interest in arts and crafts by organizing exhibitions, displays, performances, workshops and seminars regarding arts and crafts of Malawi; (f) promote, develop and preserve the folklore of Malawi; and (g) perform any other functions as the Minister may assign to him for the purposes of this Act. PART IIIARTS AND CRAFTS ADVISORY COUNCIL 5. Establishment of the Council There is hereby established a council to be known as the Arts and Crafts Advisory Council. 6. Functions of the Council The function of the Council shall be— (a) to advise the Minister on all matters relating to the revival, promotion, presentation, development, preservation and study of arts and crafts in Malawi; and (b) to consider and deal with such matters as the Minister may refer to it or require of it. 7. Secretary to the Council The Chief Arts and Crafts Officer shall be the Secretary to the Council. 8. Constitution, proceedings and other matters of the Council (1) The constitution, proceedings and other matters of the Council shall be in accordance with the Schedule. (2) The Minister may amend the Schedule by order published in the Gazette. PART IVMISCELLANEOUS 9. Regulations The Minister may make regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may provide for— (a) the granting of licences, certificates, permits and similar authorizations; (b) the establishment of places of public performances, exhibitions and other displays regarding arts and crafts; and (c) the entry upon premises by the Chief Arts and Crafts Officer and other public officers. s. 8 (1) SCHEDULE Constitution, proceedings and other matters of the council 1. Composition of the Council The Council shall consist of— (a) the following ex officio members— (i) the Secretary for Education and Culture or his representative; (ii) the Secretary for Local Government or his representative; (iii) the Secretary for Youth and Malawi Young Pioneers or his representative; (iv) the Secretary for Trade and Industry or his representative; (v) the Vice-Chancellor of the University of Malawi or his representative; (vi) the General Manager of the Malawi Broadcasting Corporation or his representative; (vii) the Copyright Administrator or his representative; and (b) four members appointed by the Minister on account of their knowledge of and interest in arts and crafts. 2. Chairman of the Council The Minister shall designate one of the members of the Council as Chairman of the Council. 3. Member of the Council not deemed public officer A member of the Council shall not, by virtue only of his appointment to the Council, be deemed to be an officer in the public service. 4. Publication of Council membership The Minister shall cause to be published in the Gazette the membership of the Council as first appointed and every change in the membership of the Council. 5. Tenure of officer A member of…

CHAPTER 53:08LAND ECONOMY SURVEYORS, VALUERS ESTATE AGENTS AND AUCTIONEERS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title and commencement 2. Interpretation PART IIRESTRICTIONS 3. Restriction on use of title of land economy surveyor, valuer, estate agent and auctioneer PART IIIBOARD OF REGISTRATION 4. Establishment of Board 5. Power of Board to make rules PART IVREGISTRATION 6. Register 7. Registration within six months of coming into operation of this Act 8. Qualifications for registration after six months from coming into operation of this Act 9. Suspension or stricking out 10. Appeals 11. Offences 12. Penalty 13. Regulations CHAPTER 53:08LAND ECONOMY SURVEYORS, VALUERS ESTATE AGENTS AND AUCTIONEERS 5 of 1989G.N. 56/1990 An Act to provide for the registration, regulation and Control of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers and for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Land Economy Surveyors, Valuers, Estate Agents and Auctioneers Act. 2. Interpretation In this Act, unless the context otherwise requires— “Board” means the Board of Registration of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers established by section 4; “Chairman” means the Chairman of the Board; “Registered person” means a person registered under this Act; “Register” means the Register or, if there be more than one, a register kept by the Board under section 6. PART IIRESTRICTIONS 3. Restriction on use of title of land economy surveyor, valuer, estate agent or auctioneer (1) After the expiration of six months from the date of the coming into operation of this Act no person shall practise under any name, title or style containing the words land economy surveyor, valuer, estate agent or auctioneer or, for the purpose of gain, make any other use of such name, title or style, unless he is registered under this Act as a land economy surveyor, valuer, estate agent or auctioneer. (2) Any person who contravenes subsection (1) shall be guilty of an offence. PART IIIBOARD OF REGISTRATION 4. Establishment of Board of Registration (1) For the purpose of this Act, there is hereby established the Board of Registration of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers which shall consist of not less than five, and not more than nine, members appointed by the Minister and who shall include— (a) the Chief Valuation and Estates Management Officer, who shall be a member ex officio; (b) two land economy surveyors in private practice, nominated by the Surveyors Institute of Malawi; (c) an estate agent eligible for registration under this Act; (d) a land economy surveyor eligible for registration under this Act; and (e) an auctioneer of immovable property eligible for registration under this Act. (2) Unless the Minister otherwise directs, the Chairman of the Board shall be the Chief Valuation and Estates Management Officer. (3) Members of the Board, other than a member ex officio, shall hold office for two years from the effective date of their respective appointments or for such shorter period as the Minister may specify in the instrument of appointment and shall be eligible for reappointment. (4) At every meeting of the Board the quorum shall be formed by a simple majority of the total membership of the Board and the Chairman shall have a casting as well as a deliberative vote. (5) If the Chairman is absent from a meeting the members who are present shall elect from amongst themselves a person to preside at that meeting and the person so elected shall have all the powers and duties of the Chairman for the purpose of that meeting. (6) The Chief Valuation and Estates Management Officer shall discharge the executive functions of the Board. (7) In the event of a vacancy on the Board, howsoever arising, the Minister may appoint another person to fill the vacancy for the remainder of the former member’s term of office. (8) The Board shall meet at least three times in each year. (9) Subject to the provision of this Act, the Board shall determine its own procedure. 5. Power of Board to make rules The Board may, with the approval of the Minister, make rules for all or any of the following purposes— (a) the definition of unprofessional conduct, the mode of inquiry into and the method of dealing with such conduct and the penalties which may be imposed upon a registered person found guilty of such conduct; (b) prescribing the scale of fees to be charged by registered persons for professional advice, services rendered and work done; (c) prescribing terms and conditions subject to which articled pupils may be engaged; and (d) the maintenance and improvement of the status of land economy surveyors, valuers, estate agents and auctioneers in Malawi. PART IVREGISTRATION 6. Register The Board shall keep a register in which the name of every person,…

CHAPTER 15:04REFUGEES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment of Refugee Committee 4. Chairman and Vice-Chairman of the Committee 5. Meetings of the Committee 6. Functions of the Committee 7. Evidence and procedure 8. Persons not to be considered as refugees 9. Obligations of refugees 10. Prohibition of expulsion or return of refugees 11. Appeals to the Minister 12. Cessation of refugee status 13. Regulations 3 of 198930 of 1991 An Act to give effect to refugee conventions as defined in the Act; to make provision relating to refugees; and to provide for matters incidental thereto or connected therewith 1. Short title This Act may be cited as the Refugees Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “border” includes any point of entry into Malawi, whether by air, land or water; “competent officer” means any immigration officer, border officer, police officer or security officer; “country of nationality”, in relation to a person who has more than one nationality, means each of the countries of which that person is a national; “family member” means any spouse or spouses, unmarried children under the age of twenty-one and any other dependant relatives of the refugee; “refugee” means a person who— (a) owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events is unable or, owing to such fear, is unwilling to return to that country; or (b) owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality; “Committee” means the Refugee Committee established under section 3; ”refugee conventions” means— (a) the Convention relating to the Status of Refugees, done at Geneva on 28th July, 1951; (b) the Protocol relating to the Status of Refugees of 13 January, 1967; and (c) the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, adopted at Addis Ababa on 10 September, 1969. (2) A person who has several nationalities shall not be considered to be lacking the protection of the nationality of the country of which he is a national if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national. 30 of 1991 3. Establishment of Refugee Committee (1) There is hereby established a committee to be known as the Refugee Committee consisting of the following members— (a) the Secretary to the President and Cabinet, or his designated representative; (b) the Attorney General, or his designated representative; (c) the Chief Immigration Officer, or his designated representative; (d) the Inspector General of Police, or his designated representative; (e) the Secretary for Community Services, or his designated representative; (f) the Secretary for External Affairs, or his designated representative; and 30 of 1991 (g) the Secretary for Health, or his designated representative. (2) The Representative of the United Nations High Commissioner for Refugees in Malawi or his designated representative or, in his absence, a representative of the Resident Representative of the United Nations Development Programme in Malawi shall be invited by the Committee to attend every meeting of the Committee as an observer but shall not have the right to vote. (3) The Minister may appoint to the Committee, for such period as the Minister may determine, such other persons, not exceeding three in number, as the Minister considers suitably qualified to assist the Committee in its work and deliberations and such persons shall not have the right to vote at any meeting of the Committee. 4. Chairman and Vice-Chairman of the Committee (1) The Minister shall designate one member of the Committee to be Chairman thereof. (2) The Committee shall elect a Vice-Chairman from amongst its members, who shall discharge the functions of the Chairman whenever the Chairman is absent or is for any reason unable to discharge the functions of his office. 5. Meetings of the Committee The Committee shall meet at such times and places as the Chairman shall determine and shall have power to determine its own procedure. 6. Functions of the Committee (1) The Committee shall receive and hear applications for refugee status and may— (a) grant refugee status; (b) deny the grant of refugee status; and (c) cancel or revoke its decision granting status. (2) The…

CHAPTER 36:01MEDICAL PRACTITIONERS AND DENTISTS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE MEDICAL COUNCIL OF MALAWI 3. Establishment of the Medical 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. Chairman and Vice-Chairman PART IIIMEETINGS OF THE COUNCIL 9. Meetings of the Council PART IVFUNCTIONS AND POWERS OF THE COUNCIL 10. Functions of the Council 11. Powers of the Council 12. Committees of the Council PART VMANAGEMENT 13. Appointment of Registrar and other staff PART VIFINANCIAL PROVISIONS 14. Funds, accounts, audit 15. Levy 16. Remuneration and expenses of members of the Council PART VIIREGISTERS 17. Registers 18. Specialist registers 19. Duties of Registrar 20. Certificates 21. Offences in connexion with registers and certificates 22. Publication of registers 23. Registers to be evidence PART VIIIREGISTRATION 24. Persons registered under the repealed Act 25. Residence of registered persons 26. Persons eligible to be registered as medical practitioners or dentists 27. Person registered may have additional qualifications inserted in register 28. Certificate not valid unless signatory registered 29. Procedure for registration 30. Register of interns 31. Register of vocational trainees 32. Provisional registration 33. Register of persons temporarily employed 34. Erasures from register 35. Method of erasure 36. Consequence of erasure 37. Appeals against refusal to register or erasure from register PART IXPRIVATE PRACTICE 38. Licence for private practice 39. Issue, etc. of licences to be published in Gazette 40. No fees recoverable unless practitioner licensed for private practice PART XEDUCATION AND TRAINING 41. Education and Training Committee 42. Reports on training qualifications and practice of persons who are registrable 43. Approval of institutions, carricula and qualifications 44. Diplomas and certificates instituted by the Council 45. Rules for training and examinations PART XIDISCIPLINARY PROVISIONS 46. Disciplinary Committee 47. Function of Disciplinary Committee 48. Taking of evidence by Disciplinary Committee 49. Exercise of disciplinary powers on conviction for offence 50. Council to refer cases to Disciplinary Committee 51. Exercise of disciplinary powers 52. Appeal to High Court 53. Publication of results of disciplinary proceedings 54. Council or Disciplinary Committee not to be liable 55. Improper or disgraceful conduct PART XIIOFFENCES AND PENALTIES BY UNREGISTERED PERSONS 56. Remuneration not recoverable by unregistered persons 57. Certain certificates invalid if signed by unregistered person PART XIIIMISCELLANEOUS PROVISIONS 58. Proof required for issue of licences 59. Unregistered persons practising as medical practitioners 60. Unregistered persons practising as dentists 61. African systems of therapeutic allowed 62. Exemptions from registration 63. Registered persons becoming unfit to practise 64. Restoration to register 65. Burden of proof on unregistered persons 66. Personation of registered person or misrepresentation 67. Registered person using unregistered title or qualification 68. Notification of change of address or death 68A. Closure of premises and seizure of equipment, etc. PART XIVREGULATIONS AND SAVINGS 69. Regulations 70. Repeal and savings 17 of 1987 22 of 1989 30 of 1991 19 of 1995 G.N. 18/1988 An Act to provide for the establishment of the Medical Council of Malawi, the registration and disciplining of medical practitioners and dentists, the licensing of private practice of medical practitioners and dentists, the regulation of training within Malawi of medical personnel and generally for the control and regulation of the medical profession and practice in Malawi and for matters incidental to or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Medical Practitioners and Dentists Act. 2. Interpretation In this Act, unless the context otherwise requires— 30 of 1991 ‘‘Council’’ means the Medical Council of Malawi established by section 3; ‘‘dentist’’ means a person registered as such under section 17; ‘‘medical practitioner’’ means a person registered as such under section 17; ‘‘member’’ in relation to the Council means a member thereof appointed, elected, or ordained under section 4 (1) or (4) or section 6; ‘‘Registrar’’ means the Registrar to the Council appointed under section 13; PART IITHE MEDICAL COUNCIL OF MALAWI 3. Establishment of the Medical Council There is hereby established a council to be known as the Medical 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 all of whom shall, save in the case of an ex officio member, be citizens of Malawi— 22 of 1989 30 of 1991 (a) the Chief of Health Services who shall be a member ex officio; (b) one medical practitioner serving in the public service, appointed…

CHAPTER 30:06COUNCIL FOR NATIONAL HERBARIUM AND BOTANIC GARDENS OF MALAWI ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE COUNCIL FOR NATIONAL HERBARIUM AND BOTANIC GARDENS OF MALAWI 3. Establishment of the Council 4. Composition of the Council PART IIIFUNCTIONS AND POWERS OF THE COUNCIL 5. General functions of the Council 6. Powers of the Council PART IVVESTING PROVISIONS 7. Initial vesting in the Council 8. Acquisition and disposal of objects 9. Lending and borrowing of objects PART VFINANCIAL PROVISIONS 10. Funds of the Council 11. Borrowing powers 12. Annual budget 13. Books of accounts, audit and reports PART VIMISCELLANEOUS 14. Regulations Schedule An Act to provide for the development and management of herbarium and botanic matter as national heritage of Malawi and to establish the Council for National Herbarium and Botanic Gardens of Malawi and further to provide for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Council for National Herbarium and Botanic Gardens of Malawi Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘botanic gardens’’ means a botanic garden referred to in section 5 (1) (b); ‘‘Council’’ means the Council for National Herbarium and Botanic Gardens of Malawi established under section 3 (1); ‘‘financial year’’ means the financial year of the Council being the period specified in section 12; ‘‘herbarium’’ means a herbarium established under section 5 (1) (a); ‘‘object’’ includes a plant, living or dead. PART IITHE COUNCIL FOR NATIONAL HERBARIUM AND BOTANIC GARDENS OF MALAWI 3. Establishment of the Council (1) There is hereby established a body to be known as the Council for National Herbarium and Botanic Gardens of Malawi which shall— (a) be a body corporate with perpetual succession; (b) have a common seal; (c) be capable of— (i) acquiring, holding and disposing of real and personal property; (ii) suing and being sued in its corporate name; and (iii) doing or performing all such acts and things as a body corporate may by law do or perform. Schedule (2) The provisions of the Schedule shall have effect with respect to the Council. Schedule (3) The Minister may, by Order published in the Gazette, amend the Schedule. 4. Composition of the Council (1) The Council shall consist of— (a) one member appointed by the Minister and designated by him as Chairman of the Council; (b) one member appointed by the Minister and designated by him as Vice-Chairman of the Council; (c) three members representing the University of Malawi, other than the Vice-Chancellor thereof, appointed by the Minister; (d) one member representing the Research Council of Malawi, appointed by the Minister from the officials or members of that Council; (e) one member representing the National Fauna Preservation Society of Malawi, appointed by the Minister; (f) one member representing the Museums of Malawi, appointed by the Minister from the officials or the Trustees of the Museums of Malawi; (g) the following ex officio members— (i) the Secretary for Forestry and Natural Resources or his representative; (ii) the Secretary for Agriculture or his representative; (iii) the Secretary for Local Government or his representative; (iv) the Secretary for Education and Culture or his representative; and (v) the Vice-Chancellor of the University of Malawi, unless he is appointed either under paragraph (a) or (b). (2) A member of the Council shall not, by virtue only of his appointment to the Council, be deemed to be an officer in the public service. (3) The names of all members of the Council as first appointed and every change in membership thereof shall be published in the Gazette. (4) No person shall be appointed to the Council who— (a) is an undischarged bankrupt; (b) has, during the preceding three years, been sentenced for an offence against any written law to a term of imprisonment, otherwise than as an alternative to, or in default of, the payment of a fine. PART IIIFUNCTIONS AND POWERS OF THE COUNCIL 5. General functions of the Council (1) Subject to the provisions of this Act and to any other written law, the functions of the Council shall be to— (a) establish a herbarium at a suitable place which shall be a centre for the assemblage, growth, curation and classification of plants in Malawi; (b) develop the existing botanic garden in the Municipality of Zomba and establish other botanic gardens at such other suitable place or places in Malawi as the Council may see fit; (c) carry out investigation and research into the science of plants and related subjects, and disseminate the results of the investigation and research; (d) provide advice, instruction and education in relation to those aspects of the sciences of plants with which the Council is for the time being in fact concerned; (e) care for the Council’s collection…

CHAPTER 65:05AGRICULTURE (GENERAL PURPOSES) ARRANGEMENT OF SECTIONS SECTION 1. Short title and commencement 2. Interpretation 3. Regulation of the agriculture industry 4. Incidental and supplementary provisions 5. Application of regulations, etc. 11 of 1987G.N. 62/1987 An Act to make miscellaneous provisions for the general regulation of the agriculture industry 1. Short title This Act may be cited as the Agriculture (General Purposes) Act. 2. Interpretation In this Act, unless the context otherwise requires— “agricultural crop” does not include— (a) tobacco; (b) cotton; (c) any crop declared under the Special Crops Act to be a special crop and for which an authority under that Act has been established; and (d) any other crop which the Minister may, by order published in the Gazette, declare not to be an agricultural crop for the purposes of this Act. 3. Regulation of the agriculture industry (1) The Minister may by regulations published in the Gazette, make such provisions as he considers appropriate, expedient or necessary for the proper regulation of activities in the agriculture industry not otherwise regulated by or under another written law. (2) Without prejudice to the generality of the power conferred by subsection (1), such regulations may provide for— (a) the licensing of buying, selling or otherwise marketing of agricultural crops, including the exportation thereof; (b) the persons or class of persons to whom a licence may be issued; (c) the minimum or maximum price payable to producers of agricultural crops; (d) the standardization and inspection of assized weighing instruments or equipment for use in buying agricultural crops from producers; (e) exportation procedures, including the remittance back to Malawi of export proceeds arising from sale of agricultural crops abroad; (f) the form of application for licences and the person to whom an application for a licence shall be made; (g) the form of licences; (h) the conditions that attach to any licence; (i) the form and manner in which records or registers of all applications for a licence and licences shall be kept; (j) the person who, and the circumstances in which that person, may enter any place, vehicle, aircraft or vessel to ascertain compliance with the terms and conditions of a licence; and (k) the penalty for contravention of, or failure to comply with, the provisions of the regulations and such penalty shall have effect notwithstanding the provisions of section 21 (e) of the General Interpretation Act. (3) The Minister may, in his discretion and without assigning any reasons therefor, refuse to issue a licence to any person or cancel or suspend a licence issued to any person, and the decision of the Minister to refuse to issue a licence or to cancel or suspend a licence shall be final and shall not be subject to review by, or be questioned in, any court. 4. Incidental and supplementary provisions Regulations made under section (3) may further— (a) make provision for empowering such authorities or persons as may be specified in the regulations to make rules or orders for any of the purposes for which the regulations may be made; (b) make provision for the delegation and transfer of powers conferred, and duties imposed, by or under the regulations; and (c) contain such other incidental and supplementary provisions as appear to the Minister to be necessary or desirable for the purposes of the regulations. 5. Application of regulations, etc. Regulations made under this Act and any rules or orders made under such regulations may be made so as to apply generally to the agriculture industry or to any particular agriculture crop or to any particular trade, business, undertaking or enterprise in the agriculture industry and so as to have effect either throughout Malawi or in any particular part of Malawi.

CHAPTER 45:01EXCHANGE CONTROL ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Regulations 4. Evidence and presumption 5. Financial provision 6. Application to the Government 17 of 1984G.N. 84/198479/1985 An Act to provide for exchange control and for matters incidental thereto, and to repeal the Exchange Control Act. 1. Short title This Act may be cited as the Exchange Control Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— ‘‘bullion’’ means gold and includes any metal or coins declared under subsection (2) to be bullion for the purposes of this Act; ‘‘currency’’ includes coins, currency notes, drafts, travellers’ cheques, letters of credit, bills of exchange and promissory notes; ‘‘foreign currency’’ means any currency that is not, or is payable or expressed otherwise than in, Malawi currency; ‘‘foreign exchange’’ means foreign currency and foreign securities; ‘‘foreign securities’’ includes— (a) any securities the principal of or interest from which is repayable or payable in any country other than Malawi or in a foreign currency; (b) any securities in respect of which the funds necessary for the repayment of the principal or the payment of the interest are provided from any country other than Malawi; (c) any securities that are registered outside Malawi; (d) any security, debt or right which may be prescribed under section 3 for the purposes of this definition; ‘‘gold’’ means gold coin or gold bullion; ‘‘Malawi currency’’ means any currency that is, or is payable or expressed in currency that is, legal tender in Malawi; ‘‘the Regulations’’ means regulations made under section 3; ‘‘securities’’ includes stocks, shares, bonds, debentures, debenture stock, unsecured notes transferable or negotiable deposits, treasury bills, units or sub-units of a unit trust and policies of life or endowment assurance, and also includes deposit receipts in respect of the deposit of any such securities and documents of title to any such securities. (2) The Minister may, by Order published in the Gazette, declare any metal or coins to be bullion for the purposes of the definition of that word in subsection (1). 3. Regulations (1) The Minister may make regulations for the purpose of the control of foreign exchange, bullion and Malawi currency. (2) In particular and without limiting the generality of sub-section (1), the Regulations may relate to— (a) the powers, rights, duties and responsibilities of authorized dealers in bullion or foreign exchange and the rates at which they may enter into transactions in foreign exchange or bullion; (b) the buying, selling, borrowing, lending or exchange of foreign currency or bullion; (c) any dealing or transaction having the effect of a purchase, sale, borrowing, loan, or exchange of foreign currency or bullion; (d) the taking of or sending out of Malawi, Malawi Currency, foreign currency or bullion; (e) transactions in Malawi Currency with or on behalf of persons resident outside Malawi; (f) a requirement that any person who has power to sell, or to procure the sale of, any foreign currency or bullion, shall sell or procure the sale of the currency or bullion in accordance with the Regulations; (g) the taking, sending, transmission or transfer out of Malawi of securities prescribed in the Regulations, and other dealings with or transactions in securities so prescribed; (h) the imposition by the Minister of restrictions and conditions on authorized dealers in bullion or foreign exchange; (i) the imposition of any prohibition, restriction, or requirement on the import or export of moveable property; (j) the appointment of persons to perform any prescribed functions for the purposes of the Regulations. (3) The Regulations may— (a) regulate or prohibit the carrying on of any dealings or transactions or the doing of any act; (b) constitute offences and prescribe penalties therefor, in the case of an individual, not exceeding a fine of K100,000 and imprisonment for five years, and in the case of a body corporate a fine without limit; (c) provide for the prosecution and punishment of the officers of bodies corporate convicted of an offence against the Regulations; (d) empower a court to order the forfeiture of Malawi Currency, foreign currency, securities, bullion or goods in respect of which an offence has been committed against the Regulations; (e) empower a court to order the sale to, or the vesting in, the Administrator General, of Malawi currency, foreign currency, securities, bullion or property, retained, obtained or dealt with in contravention of the Regulations. (4) The Regulations may create offences with respect to acts done, or dealings or transactions carried out, in or outside Malawi or partly in and partly outside Malawi. (5) The power under this section to make the Regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all of those cases subject to specified exceptions, or in relation to any specified case or…

CHAPTER 16:01IMMUNITIES AND PRIVILEGES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IISTATE IMMUNITY 3. General immunity from jurisdiction 4. Submission to jurisdiction 5. Commercial transactions 6. Contracts of employment 7. Personal injuries and damage to property 8. Ownership, possession and use of property 9. Patents, trade marks, etc. 10. Membership of corporate bodies 11. Arbitration 12. Proceedings against ships used for commercial purposes 13. Duties and rates 14. Service of process and default judgments 15. Other procedural privileges 16. States entitled to immunities and privileges 17. Heads of State 18. Excluded matters 19. Evidence by certificate PART IIIDIPLOMATIC IMMUNITIES AND PRIVILEGES 20. Application of Convention on Diplomatic Relations PART IVCONSULAR IMMUNITIES AND PRIVILEGES 21. Application of Convention or Consular Relations 22. Agreements to accord immunities and privileges 23. Commonwealth representatives PART VINTERNATIONAL ORGANIZATIONS, ETC. 24. Immunities and privileges of certain international organizations and persons connected therewith 25. Representatives of sovereign governments at international conferences 26. External agencies which provide cooperation or co-assistance 27. Modifications with respect to the United Nations Organization 28. Reciprocal treatment PART VIGENERAL PROVISIONS 29. Restriction and extension of privileges, immunities or powers 30. Admiralty jurisdiction of High Court 31. Special provisions relating to customs duty 32. Evidence 33. Oaths and notarial acts First Schedule Articles of Vienna Convention on Diplomatic Relations having the Force of Law in Malawi Second Schedule Articles on Vienna convention on Consular Relations having the Force of Law in Malawi Third Schedule Provisions for giving Effect to other Agreements Fourth Schedule Organizations Fifth Schedule Immunities and Privileges of an Organization and Officers thereof 16 of 1984 G.N. 78/1986 70/1996 102/1996 17/1999 14/2001 11/2002 28/2003 29/2003 27/2007 31/2007 4/2022 32/2022 43/2022 15/2023 An Act to determine the extent of the immunity of foreign states from the jurisdiction of the courts of Malawi; to provide for diplomatic and consular privileges and immunities by giving effect to certain international conventions and otherwise and for privileges and immunities of international organizations; and for connected purposes PART IPRELIMINARY 1. Short title This Act may be cited as the Immunities and Privileges Act. 2. Interpretation (1) In this Act— ‘‘commercial purposes’’ means purposes of any commercial transaction as defined in section 5 (3); ‘‘consular officer’’ means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions and any person in the service of the government of a Commonwealth country performing any such functions; “consular post” means any consulate-general, consulate, vice-consulate or consular agency; “diplomatic agent” has the meaning assigned to it in Article 1 in the First Schedule. First and Second Schedules (2) In the Articles set out in the First and Second Schedules— “agent of the receiving State” or “authorities of the receiving State” shall be construed as including a police officer and any person exercising a power of entry into or upon premises under any written law; “grave crime” shall be construed as meaning any offence which, on first conviction, is punishable with imprisonment for a term which may extend to five years or with a more severe sentence; “national of the receiving State” shall be construed as meaning a citizen of Malawi. PART IISTATE IMMUNITY 3. General immunity from jurisdiction (1) A State is immune from the jurisdiction of the courts of Malawi except as provided in this Part of this Act. (2) A court shall give effect to the immunity conferred by this section even though the State does not appear in the proceedings in question. 4. Submission to jurisdiction (1) A State is not immune as respects proceedings in respect of which it has submitted to the jursidiction of the courts of Malawi. (2) A State may submit after the dispute giving rise to the proceedings has arisen or by a prior written agreement; but a provision in an agreement that it is to be governed by the law of Malawi is not to be regarded as a submission. (3) A State is deemed to have submitted— (a) if it has instituted the proceedings; or (b) subject to subsection (4), if it has intervened or taken any step in the proceedings. (4) Subsection 3 (b) does not apply to intervention or any step taken for the purpose only of— (a) claiming immunity; or (b) asserting an interest in property in circumstances such that the State would have been entitled to immunity if the proceedings had been brought against it. (5) A submission in respect of any proceedings extends to any appeal but not to any counter-claim unless it arises out of the same legal relationship or facts as the claim. (6) The head of a State’s diplomatic mission in Malawi, or the person for the time being performing his functions, shall be deemed to have authority to submit on…