Category: Principal Legislation

CHAPTER 16:02TREATIES AND CONVENTIONS PUBLICATION ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Publication of treaties, conventions and agreements, etc. 3. Version published to be in the English language and prima facie evidence 4. Publication deemed not to be a sufficient substitute if, for implementation, an Act or any subsidiary legislation is required 15 of 1984 An Act to enable the publication of certain international treaties, conventions and agreements to which the Government has acceded or become signatory, or of any article, term, covenant or provision contained therein, and to provide for matters incidental thereto and connected therewith 1. Short title This Act may be cited as the Treaties and Conventions Publication Act. 2. Publication of treaties, conventions and agreements, etc. Whenever the Minister is of opinion that an international treaty, convention or agreement to which the Government has acceded or become signatory, or any article, term, covenant or provision of any such treaty, convention or agreement, relates to or may in any manner affect any obligation or right, or the status, of any person ordinarily resident in Malawi, or any right of property in Malawi, or any commercial or other dealing or transaction between persons ordinarily so resident and residents or citizens of any foreign country, he may by Order cause to be published— (a) the whole of such treaty, convention or agreement; or (b) such article, term, covenant or provision, or (as the case may be) such part, thereof as he deems to be relevant, and in like manner he may amend any such Order. 3. Version published to be in the English language and prima facie evidence The version of the whole or any part of an international treaty, convention or agreement or, as the case may be, of an article, term, covenant or provision thereof published pursuant to section 2 shall be in the English language and shall be prima facie evidence of the authentic English language version of such treaty, convention or agreement or part thereof, or of such article, term, covenant or provision thereof. 4. Publication deemed not to be a sufficient substitute if, for implementation, an Act, or any subsidiary legislation is required Where the whole or part of an international treaty, convention or agreement or any article, term, covenant or provision thereof either expressly or by reason of its subject matter impliedly requires for the purpose of its implementation or the giving to it of force or effect in Malawi, the enactment of an Act of Parliament or any subsidiary legislation, the publication thereof pursuant to section 2 shall not be deemed to be a sufficient substitute for that requirement or for such Act of Parliament or subsidiary legislation.

CHAPTER 61:02PETROLEUM (EXPLORATION AND PRODUCTION) ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Vesting of petroleum, etc. 3. Interpretation 4. Service of documents PART IIADMINISTRATION 5. Commissioner for Petroleum Exploration and Production 6. Performance of Commissioner’s functions, etc. 7. Information not to be disclosed 8. Public officers holding certain shares to notify Minister 9. Indemnity of public officers PART IIILICENCES Division 1General 10. Agreements with respect to the grant licences 11. Applications 12. Power of Minister to obtain information concerning applications, etc. 13. Restriction on persons to whom licence may be granted 14. Form of licence 15. Restriction on exercise of rights by holder of licence Division 2Petroleum Exploration Licence 16. Disposal of application for petroleum exploration licence 17. Content of petroleum exploration licence 18. Rights conferred by petroleum exploration licence 19. Application for renewal of petroleum exploration licence 20. Grant or refusal of renewal of petroleum exploration licence 21. Term of petroleum exploration licence 22. Duties of licensee 23. Relinquishment of part of exploration area Division 3Discovery of Petroleum 24. Discovery of petroleum to be notified 25. Discovery of petroleum of potential commercial interest 26. Investigations Division 4Petroleum Production Licence 27. Application for petroleum production licence 28. Disposal of application for petroleum production licence 29. Restriction on grant of petroleum production licence 30. Content of petroleum production licence 31. Rights conferred by petroleum production licence 32. Application for renewal of petroleum production licence 33. Grant or refusal of renewal of petroleum production licence 34. Term of petroleum production licence Division 5Miscellaneous 35. Directions 36. Compliance with directions 37. Unit development 38. Directions as to recovery of petroleum 39. Penalty for late payments 40. Information to be furnished, etc. Division 6Cancellation and force majeure 41. Cancellation 42. Force majeure PART IVFINANCIAL 43. Royalty on petroleum recovered under licence 44. Prohibition on disposal of petroleum 45. Remission of royalty, etc. 46. Security for compliance and recovery of royalty PART VPROTECTION OF THE ENVIRONMENT AND WORK PRACTICES Division 1General 47. Protection of natural resources to be taken into account 48. Work practices for holder of licence 49. Maintenance, etc., of property 50. Drilling near boundaries 51. Removal of property, etc., by holder of licence 52. Removal, disposal and sale of property 53. Costs and expenses of removal, disposal and sale of property Division 2Civil liability for pollution 54. Definition 55. Liability for petroleum pollution 56. Exemption from liability under section 55 57. Other liability not affected 58. Limitation 59. Liability for cost of preventive measures where section 55 does not apply 60. Saving of recourse action 61. Compulsory insurance against liability for pollution 62. Rights of third parties against insurers PART VIRESTRICTIONS AND SURFACE RIGHTS 63. Restriction on exercise of rights in relation to certain land 64. Right to graze stock, etc. 65. Compensation for disturbance of rights, etc. 66. Notice of intention to commence exploration or production operations PART VIIGENERAL 67. Control of company not to be given without consent of Minister 68. Scientific investigation 69. Discovery of mineral to be notified 70. Powers of Commissioner and authorized officers 71. Removal of petroleum 72. Acquisition of land 73. Identity of person exercising certain rights to be established 74. Obstruction of licensee 75. Offence committed by body corporate 76. Miscellaneous offences 77. Licensee to indemnify Republic PART VIIIREGULATIONS 78. Regulations PART IXMISCELLANEOUS 79. Minister to act subject to the directions of the Life President SCHEDULE S. 23 Relinquishment 2 of 1983G.N. 36/1984 An Act to make provision with respect to searching for and producing petroleum, and to provide for matters connected therewith and incidental thereto 1. Short title (1) This Act may be cited as the Petroleum (Exploration and Production) Act. 2. Vesting of petroleum, etc. (1) The entire property in, and control over, petroleum in land in Malawi is vested in the Life President on behalf of the people of Malawi; but without prejudice to the exercise of any right under or pursuant to this Act. (2) Subject to section 68, no person shall carry on in Malawi exploration or production operations, except under, and in accordance with, a licence. (3) Any person who contravenes subsection (2) is guilty of an offence and liable on conviction— (a) in the case of an individual, to a fine of one thousand Kwacha or to imprisonment for a term of two years, or to both; or (b) in the case of a body corporate, to a fine of fifty thousand Kwacha. 3. Interpretation (1) In this Act, unless the context otherwise requires— “authorized officer” means a person designated as such under section 6 (2); “block” means a block constituted as provided in the Regulations and includes part of a block so constituted; “body corporate” means a company or a corporation; “Commissioner” means the Commissioner for Petroleum Exploration and Production appointed pursuant to…

CHAPTER 41:02ACCOMMODATION AND REFRESHMENT TAX ARRANGEMENT OF SECTIONS 1. Short title and application 2. Interpretation 3. Imposition and calculation of tax, payment, etc. 4. Responsibility of the manager 5. Collection of tax 6. Liability for payment of tax 7. Liability of company and body corporate 8. Powers of Commissioner 9. Regulations Schedule 21 of 1981G.N. 56/1982116/198224/1983 An Act to provide for the imposition, payment and collection of a tax on the cost of hiring accommodation and obtaining freshment from certain premises, and for matters incidental to and connected with the foregoing 1. Short title and application (1) This Act may be cited as the Accommodation and Refreshment Tax Act. (2) The provisions of this Act apply with respect to the hiring of accommodation and the obtaining of refreshment after the date of commencement from any of the premises listed in the Schedule. (3) The Minister has power, by Order, to amend the Schedule. 2. In this Act— ‘‘accommodation,’’ includes any bedroom, and any room, building or place used for the purpose of any business or social gathering, or for entertainment of any kind whatsoever, but does not include any room, building or place set aside and equipped, whether permanently or temporarily, and used solely for the purpose of any sporting or other similar recreational activity; ‘‘bill’’ means any account, bill, cash sale slip, invoice, or other similar document requiring payment for the hiring of accommodation or obtaining of refreshment; ‘‘Commissioner’’ means the Commissioner of Taxes and includes any officer authorized by him in writing to exercise his functions under this Act; ‘‘manager’’ means any person who exercises overall control over the day-to-day operation of premises, whether or not he is the owner; ‘‘Minister’’ means the Minister for the time being responsible for matters relating to finance; ‘‘owner’’ includes any company or association or body of persons, whether corporate or unincorporate, and an individual; ‘‘premises’’ means any of the premises listed in the Schedule; ‘‘refreshment’’ means food or drink obtained from premises in exchange for money or other valuable consideration, whether consumed on the premises or not, but does not include food obtained in consideration of any sum lawfully deducted in pursuance of a Wages Order or Wages Regulation Order made under the Regulation of Minimum Wages and Conditions of Employment Act, nor to food obtained from premises for his own consumption on those premises by any person who is employed therein; ‘‘tax’’ means accommodation and refreshment tax payable under this Act. 3. Imposition and calculation of tax, payment, etc. (1) Tax, to be known as accommodation and refreshment tax, is payable by or on behalf of every person by whom accommodation is hired or refreshment is obtained from any of the premises listed in the Schedule. (2) The amount of tax payable under subsection (1) is ten per centum of the total amount charged in respect of the hire of accommodation and the supply of refreshment to such person, calculated to the nearest tambala. (3) In calculating— (a) the amount of tax payable, any sum included or to be included in the bill by way of service charge shall be disregarded; (b) the amount of service charge, the amount of tax payable shall be disregarded. (4) The current amount of tax payable— (a) shall be clearly shown as a separate item on the bill, and charged, at the time of presentment of the bill to the person by whom the bill is payable; and (b) shall be paid by that person not later than the time of settlement of the bill. (5) Any person who— (a) knowingly contravenes the provisions of subsection (3); or (b) without lawful excuse fails so to show, charge or pay tax in accordance with the provisions of subsection (4), is guilty of an offence cognizable to the police and liable to a fine of K1,000 or to imprisonment for a term of three months. 4. Where tax is payable by virtue of section 3 (1), it is the responsibility of the manager to take reasonably practicable steps to ensure— (a) that the amount of tax is correctly calculated in accordance with subsections (2) and (3) of section 3; (b) that the amount of tax so calculated is shown in the manner, and at the time, provided in paragraph (a) of section 3 (4); (c) that the amount of tax is charged. 5. Collection of tax (1) A sum in payment of tax, equal to the total amount of tax charged in each month, shall be sent by the manager by cheque to the Commissioner within 30 days after the last day of that month. (2) A manager who, without reasonable cause, fails to send a sum equal to the total amount of tax in accordance with the provisions of subsection (1) is guilty of an…

CHAPTER 70:02CARRIAGE BY AIR ARRANGEMENT OF SECTIONS PART IPRELIMINARY 1. Short title 2. Interpretation 3. Text of Conventions and Protocol 4. Designation of High Contracting Parties PART IICARRIAGE TO WHICH THE WARSAW CONVENTION AND THE HAGUE PROTOCOL APPLY 5. Meaning of “the Convention” in Part II 6. Convention to have the force of law 7. Conversion of damages into Malawi currency 8. Provisions relating to proceedings for damages in respect of death of passenger 9. Liability of carrier for personal injuries 10. Liability of carrier to persons other than passengers 11. Certain sums not to be taken into account in assessment of damages 12. Contributory negligence 13. Jurisdiction in certain cases 14. Power to exclude aircraft used for military purposes PART IIICARRIAGE TO WHICH THE WARSAW CONVENTION WITHOUT THE HAGUE PROTOCOL APPLIES 15. Meaning of “the Convention” in Part III 16. Warsaw Convention to have the force of law 17. Provisions of Part II applicable to this Part PART IVCARRIAGE TO WHICH THE GUADALAJARA CONVENTION APPLIES 18. Guadalajara Convention to have force of law 19. Construction of Parts II and III for purposes of Guadalajara Convention PART VOTHER CARRIAGE TO WHICH THIS ACT APPLIES 20. Meaning of “the amended Warsaw Convention” in Part V 21. Modification of Conventions for purposes of this Part 22. Powers of Minister PART VIMISCELLANEOUS 23. Liability of persons other than carrier 24. Regulations 25. Act to bind the Government 36 of 1981 An Act to make provision with respect to carriage by air and to give effect to the Warsaw Convention, the Hague Protocol and the Convention supplementary to the Warsaw Convention for the unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier, for the repeal of the Carriage by Air Act and for matters incidental to and connected with the foregoing PART IPRELIMINARY 1. Short title This Act may be cited as the carriage by Air Act. 2. Interpretation In this Act, unless the context otherwise requires— “the Guadalajara Convention” means the Convention supplemenary to the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air performed by a Person other than the Contracting Carrier opened for signature at Guadalajara on the 18th September, 1961; “the Hague Protocol” means the Protocol to amend the Warsaw Convention opened for signature at the Hague on the 28th September, 1955; “the Warsaw Convention” means the Convention for the Unification of Certain Rules relating to International Carriage by Air opened for signature at Warsaw on the 12th October, 1929, including the Additional Protocol to that Convention with reference to Article 2 of that Convention. 3. Text of Conventions and Protocol (1) Subject to subsection (4), the text of the Warsaw Convention shall, for the purposes of this Act, be deemed to be the text in the English language set out in the First Schedule. (2) Subject to subsection (4), the text of the Hague Protocol shall, for the purposes of this Act, be deemed to be the text in the English language set out in the Second Schedule. (3) Subject to subsection (4), the text of the Guadalajara Convention shall, for the purposes of this Act, be deemed to be the text in the English language set out in the Third Schedule. (4) If any inconsistence is shown between the text set out in the First Schedule or the Second Schedule or the Third Schedule and the authentic text in the French language of the Warsaw Convention or the Hague Protocol or the Guadalajara Convention the authentic text shall prevail. (5) A certificate in writing under the hand of the Minister that a document to which the certificate is annexed is a true copy of the authentic text in the French language of the Warsaw Convention or the Hague Protocol or the Guadalajara Convention is conclusive evidence that the document is such a true copy. 4. Designation of High Contracting Parties (1) The Minister may from time to time— (a) certify who are the High Contracting Parties to the Warsaw Convention or the Hague Protocol, the territory in respect of which any such party is bound by the Convention and to what extent they have availed themselves of the provisions of the Additional Protocol to the Convention; (b) certify who are the States that have or have not taken any action referred to in Article II, III, XIV, XV or XVI of the Guadalajara Convention and as to the particulars of any action so taken. (2) Any certificate issued under subsection (1) shall, except in so far as it has been superseded by a subsequent certificate, be conclusive evidence of the matters so certified. PART IICARRIAGE TO WHICH THE WARSAW CONVENTION AND THE HAGUE PROTOCOL APPLY 5. Meaning of “the Convention” in Part II…

CHAPTER 50:07LIQUOR ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION 3. Licensing areas 4. Licensing officers—licensing authorities 5. Establishment of Local Licensing Boards 6. Non-eligibility for appointment to a Board 7. Disqualifications for appointment to a Board 8. Tenure of office of members of Board 9. Compensation of members of Board 10. Vacancies on Board 11. Functions of Boards 12. Meetings of Boards 13. Member’s interest in licence or application to be disclosed 14. Secretaries to Boards PART IIILICENCES A. Application 15. Application of this Part B. General 16. Classification of licences C. Manufacturers’ Licences 17. Distiller’s licence 18. Commercial brewer’s licence 19. Wine-maker’s licence 20. Opaque beer brewer’s licence D. Wholesale Sales Licences 21. Wholesale licence 22. Agent’s licence E. Retail Sales licences 23. General retail licence 24. Travel and transit licence: fleet licence F. Temporary Sales Licences 25. Auctioneer’s temporary licence 26. Occasional licence G. Hours of Business Under Sales Licences 27. Prescribed hours 28. Alteration and extension of prescribed hours H. Miscellaneous Provisions on Licences 29. Duration of licences 30. Licensing fees: reduced licensing fee 31. Separate licences for each premises, vessel, etc. PART IVISSUE AND RENEWAL OF LICENCES 32. Persons absolutely disqualified 33. Persons limitedly disqualified 34. Companies, partnerships, etc., as such not eligible to hold sales licence 35. Notice of intention to apply for licence 36. Objections 37. Application for licence 38. Hearing of application 39. Amendment of application 40. Power of licensing authority to examine under oath 41. Application for grade “H” or temporary sales licence 42. Death or bankruptcy of applicant 43. False statements in application 44. Power to attach conditions to licences 45. Provisional licence for premises under construction 46. Surrender of licence for cancellation 47. Lost or destroyed licences PART VTRANSFER AND REMOVAL OF LICENCES RELATED TO PREMISES 48. Transfer of licence related to premises 49. Notice of application for transfer 50. Application for transfer 51. Limitations on transfer of licence 52. When transfer of licence may be granted 53. Power to carry on licensed business after death, etc., of licensee 54. Protection order 55. Removal of licence from one premises to another PART VIAPPEALS 56. Licensing Appeals Tribunal 57. Appeals PART VIITRADITIONAL BEER A. Preliminary 58. Application of Part VII 59. Interpretation of Part VII B. Administration of Part VII 60. Local authority to be permit authority 61. Permit officers 62. Power of Minister to remove this Part from local authority jurisdiction 63. Classes of liquor permits 64. Retail permit 65. Premises permit 66. Limitation on issue of permits authorizing the sale of opaque beer 67. Application for permit 68. Refusal to issue permit 69. Local authority beer-halls 70. By-laws PART VIIIOFFENCES RELATING TO SALES, ETC. 71. Illegal manufacture of liquor for sale 72. Illegal sales 73. Sales outside permitted hours 74. Supply of liquor to young persons 75. Employment of young persons to sell liquor 76. Sale of liquor on credit by on-licensee prohibited 77. Drunkenness on licensed premises 78. Prostitutes on licensed premises 79. Supply of liquor to police officers PART IXCONTROL OF LICENSED PREMISES 80. Exhibition of name of licensee 81. Restrictions on carrying on other business on licensed premises 82. Personal supervision by licensee under on-licence 83. Improper storage of liquor 84. Structural alterations to premises 85. Power of licensee or permit holder to exclude drunkards, etc. 86. Gambling on licensed premises 87. Payment of wages on licensed premises prohibited PART XPREVENTION AND DETECTION OF OFFENCES 88. Power to enter and inspect licensed premises 89. Search warrant for detection of liquor manufactured, sold or kept contrary to law 90. Closure of licensed premises during public unrest, etc. 91. Limitations on powers of police below rank of inspector PART XIFORFEITURE AND EXEMPTIONS 92. Forfeiture of licence 93. Forfeiture of liquor 94. Disposal of liquor stocks after cancellation, revocation or forfeiture of licence 95. Exemptions PART XIIREGULATIONS 96. Regulations PART XIIIMISCELLANEOUS 97. Control of supply of liquor to habitual drunkards 98. Sale of tobacco, etc. 99. Infringement of conditions of licence, etc. 100. Offences by servants or agents 101. Attempt and abetment 102. Evidence of sale or consumption of liquor and burden of proof 103. Proof of licences, etc. SchedulePrescribed Hours for Sales Licences 1 of 19799 of 198510 of 1996G.N. 79/1979 An Act to amend and consolidate the law relating to the manufacture and sale of intoxicating liquor, to repeal the Intoxicating Liquor Act and the Traditional Beer Act and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short Title This Act may be cited as the Liquor Act. 2. Interpretation In this Act unless the context otherwise requires— “area” means licensing area; “area of a local authority” means any Local Government Area under the Local Government (Urban Areas) Act, or the area of jurisdiction of any District…

CHAPTER 69:06NATIONAL ROAD SAFETY COUNCIL OF MALAWI ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE COUNCIL 3. Establishment of Council 4. Composition of the Council 5. Council may co-opt advisers 6. Tenure of office of Council members 7. Remuneration of members of the Council 8. Disqualifications 9. Meetings of the Council 10. Committees of the Council 11. Secretary PART IIIPOWERS AND OBJECTS OF THE COUNCIL 12. Powers of the Council 13. Objects and duties PART IVFUNDS OF THE COUNCIL 14. Funds of the Council 15. Road Safety Levy 16. Annual budget 17. Books, accounts, audit and reports PART VMISCELLANEOUS 18. Regulations An Act to provide for the establishment and incorporation of the National Road Safety Council of Malawi, for the composition of such Council, for its powers and objects; and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the National Road Safety Council of Malawi Act. 2. Interpretation In this Act unless the context otherwise requires— “Council” means the National Road Safety Council of Malawi established under section 3; “financial year” means the period commencing on the date of commencement of this Act and ending on the 31st March, 1979, and thereafter the period of twelve months ending on the 31st March each year. PART IITHE COUNCIL 3. Establishment of Council (1) There is hereby established a body to be known as the National Road Safety Council of Malawi (hereinafter referred to as “the Council”) which shall be a body corporate with perpetual succession and a common seal, with power to alter or change the same from time to time, and shall, under the said 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 Council shall be authenticated by the signatures of the Chairman, or of the person for the time being performing the functions of Chairman, and of the Secretary of the Council, and any document purporting to be sealed with the said seal and so authenticated shall be admissible in evidence of the particulars stated in that document. (3) The Council may use a wafer or rubber stamp in lieu of an embossed seal until such time as an embossed seal is procured by the siad Council. 4. Composition of the Council (1) The Council shall consist of— (a) one member designated as Chairman appointed by the Minister; (b) one member designated as Vice-Chairman appointed by the Minister; (c) the Secretary for Health or his representative; (d) the Secretary for Education and Culture or his representative; (e) the Road Traffic Commissioner or his representative; (f) the Inspector General or his representative; (g) the Secretary for Justice or his representative; (h) one member representing the Ministry of Works nominated by the Secretary for Works. (i) the Secretary for Transport and Communications or his representative; (j) one member representing the Department of Information nominated by the Secretary to the President and Cabinet; (k) the Chairman of each Regional Committee, established by the Council under section 12 (n); (l) one member representing the Insurance Companies Association appointed by the Minister from a panel of three persons submitted by the said Association; (m) one member representing transport organizations appointed by the Minister from a panel of three persons submitted by the Secretary for Transport and Communications; (n) one member representing the Malawi Broadcasting Corporation appointed by the Minister from a panel of three persons submitted by the Secretary to the President and Cabinet. (2) The Minister may appoint to the Council such additional members as he deems essential to the Council in the exercise of its powers and objects. (3) Members of the Council shall not, by virtue only of their appointments to the Council, be deemed to be officers in the Public Service. (4) The names of all members of the Council as first constituted and every change in membership thereof shall be published in the Gazette. 5. Council may co-opt advisers The Council may, with the consent of the Minister, co-opt any one or more persons as advisers to attend any particular meeting or series of meetings. 6. Tenure of office of Council members (1) Members of the Council shall, subject to this section, hold office for two years from the date of their respective appointments. (2) Upon the expiry of the period for which a member of the Council, who is not a member appointed pursuant to paragraph (c), (d), (e) (f), (g), (h), (i), (j), or (k) of section 4 (1), is appointed pursuant to this section, such member shall continue…

CHAPTER 48:07COMMERCIAL ADVERTISING (TRADITIONAL MUSIC)CONTROL ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Recording of traditional music or dancing 4. Use of recordings of traditional music or dancing for advertising 5. Regulations 19 of 1978 An Act to provide for the control of the recording and reproduction for commercial advertising purposes of Malawi traditional music and dancing performed as an integral part of any official or public celebrations and for matters incidental thereto or connected therewith 1. Short title This Act may be cited as the Commercial Advertising (Traditional Music) Control Act. 2. Interpretation In this Act unless the context otherwise requires— “Malawi traditional music or dancing” means any music, dancing, singing or drumming performed in the Malawi customary manner by ceremonial performers or by members of the public as an integral part of, or in connexion with, any official or public celebration or act of public acclaim of the President or of any other notable person or visitor to Malawi. 3. Recording of traditional music or dancing Any person who, for purposes of use in commercial advertising, records or causes to be recorded, by any method of sound, cinematographic or photographic recording capable of reproduction, any Malawi traditional music or dancing shall be guilty of an offence and liable to a fine of two thousand Kwacha or to imprisonment for a term of one year. 4. Use of recordings of traditional music or dancing for advertising Any person who publishes or causes to be published any sound, cinematographic or photographic record of any Malawi traditional music or dancing for the purpose of or in connexion with or as background to any advertising of any commercial enterprise or business or of any offer to the public of any sale, letting or hiring of any lands, goods or services shall be guilty of an offence and liable to a fine of two thousand Kwacha or to imprisonment for a term of one year. 5. Regulations The Minister may, by notice published in the Gazette, make regulations for the better carrying out of the provisions of this Act.

CHAPTER 67:02MEAT AND MEAT PRODUCTS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Appointment of inspectors, graders, etc. 4. Power to make regulations 5. Offences and penalties 6. Suspension of certain powers of Local Authorities where regulations apply 7. Suspension of certain powers of District Councils where regulations apply 3 of 1975G.N. 183/1975 An Act to provide for the improvement and control of the production, processing, manufacture, grading, sale, marketing and distribution of meat, and meat products and for matters connected therewith and incidental thereto 1. Short title This Act may be cited as the Meat and Meat Products Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “carcase” means the carcase of any livestock and includes any part of such carcase; “Government mark” means a mark authorized by the Minister for use by a grader appointed under section 3 when marking a carcase in accordance with this Act; “grader” means any person for the time being appointed as such under section 3; “inspector” means any person for the time being appointed as such under section 3; “livestock” means cattle, sheep, pigs, goats, poultry and such other animals as the Minister may declare to be livestock pursuant to subsection (2); “meat” means the carcase, or offal, or any part of the carcase or offal, or any product of the carcase or offal of any livestock and, in the case of poultry, includes the eggs thereof; “slaughterhouse” means a place for slaughtering livestock, the meat of which is intended for human consumption, and includes any place in connexion therewith for the confinement of animals while awaiting slaughter any such place used or for keeping, or subjecting to any treatment or process, products of the slaughter of animals in such slaughterhouse. (2) The Minister may by Order made by notice published in the Gazette, extend the definition of “livestock” appearing in subsection (1), by declaring the said term to include such other animals as may be designated in such Order to be livestock for the purposes of this Act. 3. Designation of inspectors, graders, etc. (1) There shall be inspectors for the purpose of this Act, who shall be officers in the public service, designated by the Minister. (2) There shall be graders for the purpose of this Act, who shall be officers in the public service, designated by the Minister. 4. Power to make regulations (1) 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 make provision— (a) regulating and controlling the production manufacture, processing, marketing, distribution and sale of meat or meat products; (b) prescribing minimum standards to which carcases, meat or meat products shall conform, whether as a condition of importation or exportation, or of sale within Malawi and for the seizure, detention, condemnation and destruction, either with or without compensation, of any carcases, meat or meat product considered by any grader, inspector or other prescribed person to be unfit for human consumption; (c) prescribing the manner of handling, transporting, storing and packing of any carcase, meat or meat products; (d) authorizing the inspection, examination sampling, analysis, treatment and control of any livestock intended for slaughter for human consumption and of the food of such livestock and prescribing conditions upon, and the manner in which, livestock and food may be taken for any such purpose, either with or without compensation; (e) fixing the minimum, maximum or specific prices determined by reference to deadweight and grade or liveweight and grade, which shall be paid for livestock delivered to slaughterhouses and there tendered for sale whether for the purpose of slaughter or otherwise; (f) prescribing the methods to be employed in the slaughter of animals in slaughterhouses and the implements to be used for such purposes; (g) requiring the registration and licensing in such manner, and upon payment of such fees, as may be prescribed of the producers (including persons who keep poultry with a view to selling the carcases or eggs thereof for human consumption), manufacturers, processors, distributors and sellers of meat and meat products and providing for the suspension or cancellation of any such registration or licensing; (h) prescribing the qualifications, powers and duties of inspectors, graders and other persons appointed to exercise powers and to perform duties under this Act, including power to enter and to remain in or upon slaughterhouses and premises used in connexion with the production, storage, processing, manufacture, grading, sale, marketing and distribution of meat and meat products for the purposes of this Act; (i) requiring the production to, and authorizing the examination, inspection, analysis and testing by, officers appointed under this Act of carcases, meat and meat products and any article used in connexion with carcases, meat and meat products or the…

CHAPTER 28:01NATIONAL ARCHIVES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IINATIONAL ARCHIVES—ADMINISTRATION 3. Establishment of National Archives 4. Seal 5. Government Archivist 6. Powers and duties of the Government Archivist 7. Prescribed bodies PART IIINATIONAL ARCHIVES ADVISORY COUNCIL 8. Establishment of National Archives Advisory Council PART IVHISTORICAL, PUBLIC AND GENERAL RECORDS 9. Historical records 10. Deposit of historical records and rights of owner thereof 11. Selection and conservation of public records 12. Destruction of public records 13. General records PART VPUBLIC ARCHIVES 14. Public and judicial records declared public archives by the Minister 15. Historical records declared public archives by the Minister 16. Publication or reproduction of public archives PART VIINSPECTION, COPYING AND REMOVAL OF RECORDS 17. Inspection and copying of National Archives 18. Restrictions on removal and export of National Archives 19. Government Archivist’s right of access to documents restricted by Act, Order of Court, etc. PART VIIEVIDENCE 20. Authenticated copies PART VIIIMISCELLANEOUS 21. Failure to comply with Notices to produce documents 22. Failure to comply with conditions 23. Penalty 24. Secrecy 25. Regulations CHAPTER 28:01NATIONAL ARCHIVES 12 of 197520 of 19874 of 1989 An Act to provide for the classification, conservation, custody, control, acquisition and disposal of certain public, judicial, historical and general records; for the establishment of a collection of such records, to be known as the National Archives of Malawi, which shall be the official repository thereof; for the setting-up of the National Archives Advisory Council, with power to advise the Minister on certain stated matters of policy and administration; for the repeal of the National Archives Act of the Federation of Rhodesia and Nyasaland in its operation to Malawi; and for matters incidental to or connected with the foregoing PART IPRELIMINARY 1. Short title This Act may be cited as the National Archives Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Council’’ means the National Archives Advisory Council established pursuant to section 8; ‘‘document’’ includes any manuscript, newspaper, picture, painting, record, register, printed material, book, map, plan, drawing, photograph (positive or negative), photocopy, microfilm, cinematograph film, video tape, gramophone record or other transcription of language, picture or music, recorded by any means capable of reproduction; ‘‘Government Archivist’’ means the person designated as such under section 5; ‘‘historical records’’ means any documents (other than public or judicial records) which are declared to be of historical importance pursuant to section 9 (3); ‘‘judicial records’’ means any documents constituting the official records of any proceedings before any court, commission, board of inquiry or other judicial or quasi-judicial body or person, which are in the custody of such court, or of any Ministry, Department or agency of Government, or of any person lawfully committed with such custody or which have been deposited in the National Archives as judicial records; ‘‘National Archives’’ means a place where there is kept the official collection of public archives and public, judicial, historical and general records established pursuant to section 3; ‘‘prescribed body’’ bears the meaning ascribed to that term by section 7 (1); ‘‘public archives’’ means all such public and judicial records and all such historical records as are classified and conserved in the National Archives as public archives pursuant to sections 14 and 15, respectively; ‘‘public records’’ means— (a) any documents of the Government, or of any Ministry, Department or agency thereof (other than judicial records), which relate to the general or specific functions of the Government, or of the said Ministry, Department or agency, as the case may be, or to the performance of such functions, and which are in the custody of the said Ministry, Department or agency, or are on deposit in the National Archives as public records; (b) any documents of any prescribed body, being public records pursuant to section 7 (2), which are in the custody of such prescribed body, or are on deposit in the National Archives as public records, but does not include any such records as are classified and conserved in the National Archives as public archives pursuant to this Act; ‘‘Seal’’ means the seal of the National Archives, as provided for in section 4 (1). PART IINATIONAL ARCHIVES— ADMINISTRATION 3. Establishment of National Archives (1) There is hereby established, for the purposes of this Act, an official collection of public archives, and other public, judicial, historical and general records of, or relating to, Malawi; which collection shall be known as the National Archives of Malawi. (2) All public archives and all such other public, judicial and historical records as are, at the date of commencement, deposited in the National Archives of Malawi established under section 4 of the National Archives Act of the former Federation of Rhodesia and Nyasaland, shall be transferred to and deposited in the National Archives established under this Act, and shall,…

CHAPTER 30:05MALAWI NATIONAL COUNCIL OF SPORTS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE MALAWI NATIONAL COUNCIL OF SPORTS, ITS FUNCTIONS AND POWERS, FUNDS AND ACCOUNTS, ETC. 3. Establishment of the Malawi National Council of Sports 4. Composition of the Council 5. Tenure of Office of members of the Council 6. Appointment of temporary Chairman or members 7. The Council may co-opt persons to attend meetings 8. Members’ allowances, etc. 9. Meetings of the Council 10. Non-liability of members 11. Pecuniary interest of members 12. Functions of the Council 13. Powers of the Council 14. Committees of the Council 15. Funds of the Council 16. Investment of moneys by the Council 17. Compliance with the provisions of the Finance and Audit Act 18. Books, accounts and auditing PART IIIREGISTRATION OF NATIONAL SPORTS ASSOCIATIONS, ETC. 19. Registration of National Sports Associations 20. Striking off Register 21. Penalties PART IVTRANSITIONAL PROVISIONS, REGULATION-MAKING POWER, ETC. 22. Regulation-Making powers Schedule 10 of 19748 of 198016 of 1983 An Act to provide for the establishment of a body corporate to be known as the Malawi National Council of Sports; to provide for the functions and powers of such body; to provide for the registration of national sports associations; and for matters incidental to, or connected with, the foregoing PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi National Council of Sports Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Chairman’’ means the Chairman of the Council appointed and designated pursuant to section 4; ‘‘Council’’ means the Malawi National Council of Sports established by section 3; ‘‘financial year’’ means the period commencing on the date of the commencement of this Act and ending on the 31st of March next following such date and thereafter means the period of twelve months ending on the 31st of March in each year; ‘‘Former Council’’ means the Council known as the Advisory Council for Sports functioning in Malawi immediately before the coming into operation of this Act; ‘‘member’’ means any member of the Council appointed pursuant to section 4; ‘‘national sports association’’ means any group or body of persons, corporate or unincorporate, formed or operating in Malawi and having as one of its objects the promotion on a national basis of any sport whether amateur or professional; ‘‘Register’’ means the Register of National Sports Associations provided for in section 19; and ‘‘register’’ and ‘‘registered’’ bear corresponding meanings; ‘‘registered association’’ means a national sports association for the time being registered in the Register pursuant to section 19; ‘‘Secretary’’ means such officer in the public service as the Minister shall designate as Secretary to the Council; ‘‘sport’’ means any sport, game or pastime designated by the Minister, by notice published in the Gazette, to be a sport for the purpose of this Act. PART IIESTABLISHMENT OF THE MALAWI NATIONAL COUNCIL OF SPORTS, ITS FUNCTIONS AND POWERS, FUNDS AND ACCOUNTS, ETC. 3. Establishment of the Malawi National Council of Sports There is hereby established a body corporate to be known as the Malawi National Council of Sports, which shall be a body corporate by that name with perpetual succession and a common seal (with power to alter and change such seal from time to time) and which shall be capable in law of suing and being sued, and, subject to this Act, of acquiring, holding, letting and otherwise disposing of land, and doing and performing such acts and things as bodies corporate may by law do and perform. 4. Composition of the Council (1) The Council shall consist of not less than eight and not more than ten members, who shall be appointed by the Minister by notice published in the Gazette. (2) The Minister shall designate one member as Chairman of the Council and another member as Deputy Chairman thereof. (3) Members of the Council shall not, by virtue only of their appointments to the Council, be deemed to be officers in the public service. (4) No person shall be appointed to the Council who— (a) is an undischarged bankrupt; (b) has, within three years last past, for an offence against any written law, been sentenced to a term of imprisonment of not less than six months, save as an alternative to, or in default of, the payment of a fine; (c) has, within seven years last past, been convicted of an offence involving fraud or dishonesty. (5) The names of all members of the Council as first constituted and every change in membership thereof shall be published in the Gazette. 8 of 1980 5. Tenure of office of members of the Council (1) Members of the Council shall, subject to the provisions of this section, hold office for two years from the date of their respective appointments.…