Category: Principal Legislation

CHAPTER 46:05PROPERTY AND BUSINESSES (PRESUMPTIONS OF OWNERSHIP) ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Presumptions of ownership of property by non-citizens 11 of 1974 An Act to make provision for certain presumptions of ownership of property or businesses for the purpose of the prevention of the avoidance of the provisions of certain laws relating to forfeiture and to the licensing and registration of ownership and businesses and to make provision for matters arising therefrom and incidental thereto 1. Short title This Act may be cited as the Property and Businesses (Presumptions of Ownership) Act. 2. Interpretation In this Act save where the context otherwise requires— ‘‘appropriate Minister’’ means the Minister responsible for the administration of the Act under which the relevant order, licence or registration is made, issued or effected; ‘‘citizen’’ means any person who is a citizen of the Republic of Malawi; ‘‘non-citizen’’ means any person who is not a citizen of the Republic of Malawi. 3. Presumptions of ownership of property by non-citizens Where, during the life time of any non-citizen— (a) any real property or any interest therein is, by any deed or other instrument of title, or by any lease or tenancy agreement, expressed to be owned or held under the terms thereof by, or where any such ownership or interest is, under the provisions of any written law, registered in the name of, any citizen who is— (i) the spouse or child of such non-citizen; or (ii) under any arrangement or agreement written or unwritten, holding title or possession of such land or interest, as the case may be, solely for and on behalf of such non-citizen; or (iii) part owner only of such land or interest, the other part being in the disclosed or undisclosed ownership of such non-citizen; or (b) any trade, business or occupation is being carried on in Malawi in the name of any citizen who is— (i) the spouse or child of such non-citizen; or (ii) under any arrangement or agreement, written or unwritten, carrying on such trade, business or occupation, as the case may be, solely for and on behalf of such non-citizen; or (iii) in partnership with such non-citizen whether disclosed or undisclosed, in any such trade, business or occupation; or (c) any bank account, thing in action, chattel or other personal property of any kind is credited in favour of, held, or possessed as owner by, or in the name of, any citizen who is— (i) the spouse or child of such non-citizen; or (ii) under any arrangement or agreement, written or unwritten, controlling, holding, or possessing such bank account, thing in action, chattel or other personal property as the case may be solely for and on behalf of such non-citizen; or (iii) part owner only of such bank account, thing in action, chattel, or other personal property, the other part being in the disclosed or undisclosed ownership of such non-citizen, such real property, or interest therein, or such trade, business or occupation, or such bank account, thing in action, chattel or other personal property shall, for the purposes of, and for the giving effect to any Order made under the Forfeiture Act declaring such non-citizen to be subject to forfeiture, be presumed to be in the sole ownership or possession of the said non-citizen; and where such trade, business or occupation is, under any written law, required to be licensed or registered, and is so licensed or registered in the name of such citizen, and such non-citizen commits any act or omission which, if he were the person so licensed or registered, would, under such law, or any other written law, constitute lawful grounds for the cancellation of such licence or registration, or which would cause the appropriate Minister to exercise the powers of cancellation conferred by section 62 of the General Interpretation Act, it shall be presumed that the said trade, business or occupation, for the purposes of cancelling such licence or registration, was at all times, and is, in the sole owner- ship of the said non-citizen, and the licence or registration, as the case may be, issued or entered in respect of such trade, business or occupation may be cancelled as if the said non-citizen were the person in whose name such licence or registration were effected; and if such trade, business or occupation be subject to the Businesses Licensing Act and licensed thereunder in the name of the said citizen, the said business, trade or occupation shall be presumed to be in the sole ownership of the said non-citizen, and the said non-citizen shall be presumed to be the licensee under the said Act for the purposes of the application and implementation of the provisions of Part VI of the said Businesses Licensing Act: Provided, however, that any presumption imposed…

CHAPTER 50:06SECOND-HAND AND SCRAP METAL DEALERS ARRANGEMENT OF SECTIONS SECTION 1. Short title and commencement 2. Interpretation 3. Appointment of registering authority 4. Registration of dealers 5. Dealer to furnish description of premises 6. Non-registration of certain persons 7. Dealers to keep books 8. Dealers to retain articles for seven days 9. Dealers to enter names of purchasers, etc. 10. False entries and information 11. Dealers to produce articles and books on demand 12. Dealers to report stolen goods 13. Dealer may not alter or deface article without permission 14. Dealer may not possess smelting pots, etc. 15. Business not to be transacted with persons under 14 years of age 16. Dealers to have their names over shop doors 17. Revocation of registration 18. Cancellation of registration 19. Regulations 20. Exemptions 21. Registration not in lieu of licensing, etc., under other written laws 7 of 1971G.N. 73/1972 An Act to provide for the registration of dealers in second-hand goods and scrap metal and for matters incidental thereto and connected therewith 1. Short title and commencement This Act may be cited as the Second-hand and Scrap Metal Dealers Act. 2. Interpretation In this Act unless the context otherwise requires— “article” in relation to second-hand goods, means any item of second-hand goods, and in relation to scrap metal means anything consisting wholly or partly of metal and includes any part of such item or thing; “to buy” means to obtain by way of purchase, barter or exchange, and cognate words shall be construed accordingly; “dealer” means a second-hand dealer or a scrap metal dealer; “goods” means any tangible movable property entirely or partly manufactured, cast, wrought, woven or fashioned out of or on any metal, precious metal, cloth, paper, glass, clay, wood, plastic or other material, and includes motor vehicles, machinery, tools, works of art and printed and photographic reproductions of paintings, photographs, and recorded reproductions of speech or music; “metal” means aluminium, cobalt, copper, iron, lead, manganese, vanadium, cadmium, tungsten, zinc, all other ferrous and non-ferrous metals and alloys of these metals but does not include precious metals except to the extent that one tenth of one per centum or less of the weight of such an alloy as aforesaid is attributable to any precious metal; “precious metal” means gold, silver and platinum; “premises” includes any land whether enclosed or unenclosed and whether consisting of land and buildings or otherwise; “register” means the register of second-hand and scrap metal dealers kept by the registering authority as provided by section 4 (2); “registered dealer” means a dealer registered pursuant to section 4; “registering authority” means the Commissioner of Police; “re-possessed goods” means any goods which, under the terms of a hire-purchase or instalment sale agreement, have been re-possessed by the seller thereof from the purchaser; “scrap metal” includes— (i) any old metal or broken metal; (ii) any broken, worn out or defaced or manufactured, or partly manufactured, processed or wrought articles which are not fit for the purpose for which they were manufactured, processed or wrought or which are no longer so required; (iii) metallic waste; (iv) any metal, occurring as a mineral in a raw or natural state, in quantities of less than one thousand pounds in weight, except when utilized bona fide as raw metal geological specimens; “scrap metal dealer” means any person who carries on a trade or business which consists wholly or partly of buying and selling scrap metal, whether the scrap metal sold is in the form in which it was bought or otherwise, and includes any person who, from a person other than a scrap metal dealer, buys or acquires scrap metal for further processing or for the manufacture of other things or for export, but does not include any person engaged in mining who in the course of his mining business buys or sells scrap metal from or to another such person; “second-hand goods” means any goods which have been bought or delivered or are possessed for sale after use by a previous owner, and includes goods received by any person from their previous owner in partial or full consideration for any contract, or by way of deposit or part deposit in respect of any hire-purchase or instalment sale agreement, but does not include re-possessed goods so long as the said goods remain in the possession of the seller thereof. 3. Appointment of registering authority (1) There shall be a registering authority who shall be the Commissioner of Police and who shall, subject to the general or special directions of the Minister, be responsible for the administration of this Act. (2) The registering authority may designate a police officer of the rank of superintendent or of any higher rank as registrar for the purposes of this Act. (3) The police officer in charge of each…

CHAPTER 7:03HIJACKING ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIAIR TRANSPORTATION 3. Offences against aircraft and penalty for such offences 4. Acts in relation to aircraft taking place outside Malawi 5. Jurisdiction in regard to offences under section 4(2) 6. Extradition 7. Powers of commander of aircraft and certain other persons 8. Admissibility of certain statements as evidence 9. Aircraft to which Part shall not apply PART IIILAND AND WATER TRANSPORTATION 10. Offences against motor vehicles, trains and vessels and penalty 11. Acts taking place outside Malawi on board vessels 12. Acts taking place outside Malawi on motor vehicles or trains 13. Jurisdiction in regard to offence under section 12 PART IVMISCELLANEOUS 14. Consent of the Director of Public Prosecutions 15. Provisions of Act to be additional 19 of 1972 An Act to provide for the prevention and punishment of unlawful acts against aircraft, motor vehicles, trains and vessels and, in relation to aircraft, to give effect to the Convention on Offences and certain other Acts Committed on board Aircraft, the Convention for the Suppression of Unlawful Seizure of Aircraft, and the Convention for the Suppression of unlawful Acts against the Safety of Civil Aviation; and for purposes connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Hijacking Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the surface of the earth; “commander” in relation to an aircraft means the member of the crew designated as commander of that aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft; “Convention country” means a country in which either the Convention on Offences and certain other Acts Committed on board Aircraft signed at Tokyo on 14th September, 1963, or the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16th December, 1970, or the Convention for the Suppression of unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23rd September, 1971, is for the time being in force; “immigration officer” bears the meaning ascribed to that term in section 2 of the Immigration Act; “Malawian aircraft” means an aircraft registered in Malawi and includes any aircraft that is operated by joint air transport operating organizations or international operating agencies established by the Government and any other Convention country if such last-mentioned aircraft has been declared by the Minister, by notice published in the Gazette, to be a Malawian aircraft; “Malawian vessel” means a vessel registered under Part I of the Inland Waters Shipping Act; “motor vehicle” bears the meaning ascribed to that term by the Road Traffic Act; “oath” includes an affirmation or declaration in the case of persons allowed by the law of any country concerned to affirm or declare instead of swearing; “pilot in command”, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; “train” means any railway engine, carriage, waggon or truck or other railway rolling stock no matter how propelled whether as a single unit or as a combination of units; “vessel” includes a ship, boat and every other kind of vessel used in navigation either on the sea or in inland waters. (2) For the purposes of this Act an aircraft shall be deemed to be in flight— (a) at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation or, if the aircraft makes a forced landing, until the competent authorities of the country in which the landing takes place take over the responsibility for the aircraft and for the persons and property on board; (b) during any period when it is on the surface of the sea or land but not within the territorial limits of any country. (3) For the purposes of this Act an aircraft shall be deemed to be in service— (a) from the beginning of the preflight preparation of such aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; and (b) at any time when it is deemed to be in flight under the provisions of subsection (2). (4) For the purposes of this section the territorial waters of any State shall be treated as part of its territory. PART IIAIR TRANSPORTATION 3. Offences against aircraft and penalty for such offences Any person, whatever his nationality, who unlawfully—…

CHAPTER 67:05MILK AND MILK PRODUCTS ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Power to make regulations 4. Establishment of dairy advisory committee 5. Establishment of national milk marketing board 6. Establishment of specialized bodies 7. Appointment of Inspectors, etc. 43 of 1971G.N. 161/197220 of 1986 An Act to provide for the improvement and control of the production, processing and marketing of milk and milk products 1. Short title This Act may be cited as the Milk and Milk Products Act. 2. Interpretation In this Act, unless the context otherwise requires— “milk” means exclusively the normal mammary secretion obtained from one or more milkings from cows and other bovines without either addition thereto or extraction therefrom; “milk product” means any product exclusively derived from milk, such as butter, cheese, ghee, cream, dried milk or condensed milk, whether or not substances necessary for the manufacturing process but not intended to take the place in part or in whole of any milk constituent have been added thereto; “premises” includes any building together with the land on which it is situated and the adjoining land used in connexion therewith, and includes any vehicle, conveyance or vessel; “producer” means a person owning or having control of animals from which milk is obtained; “sale” includes supplying milk under arrangements for free supply or in the course of any business otherwise than under such arrangements. 3. Power to make regulations (1) The Minister may make regulations for the better carrying out of the purposes of this Act, and without prejudice to the generality of the foregoing such regulations may make provision for— (a) prescribing grades for milk or any form of milk product, and minimum standards to which such milk or milk product shall conform, whether as a condition of importation or of exportation or of sale within Malawi; (b) fixing the price to be paid for any grade or type of milk or milk product to producers, manufacturers, processors, distributors or sellers, with power to fix different prices on a basis of quota or for different seasons or circumstances; (c) prescribing the manner of handling, transporting and storing of any milk product intended for the use of or consumption by any person other than the producer thereof; (d) regulating and controlling the production, manufacture, processing, distribution or sale of any form of milk or milk product; (e) imposing a levy or cess on any form of milk or milk product, or imposing different rates as between different forms of produce, or as between produce for export and produce for consumption in Malawi; (f) prescribing the terms and form in which contracts for the sale of milk by producers, other than producers who sell direct to consumers, shall be made; (g) providing for the creation and administration of schemes for die pooling of milk or milk products by producers in such area or areas as may be prescribed and for the distribution to producers of the proceeds of sale of such milk or milk products after deduction of such expenses as may be prescribed; (h) controlling and regulating premises used in connexion with the production, manufacture, processing, distribution or sale of milk or milk products, including the design, standards, construction and maintenance of such premises; (i) the inspection, examination, treatment and control of animals or stock feed used in connexion with the production of milk or milk products; (j) requiring the registration and licensing, in such manner and upon payment of such fees as may be prescribed, of producers, manufacturers, processors, distributors and sellers of milk or milk products, and of any premises used by them; (k) controlling or regulating the importation or exportation of milk or milk products; (l) prescribing fees or charges for services rendered under this Act; (m) requiring returns, reports and estimates to be furnished by producers, manufacturers, processors, distributors and sellers of milk and milk products; (n) prescribing the forms of applications, and of licences, marks, registers and all other documents to be used for the purpose of this Act; (o) prescribing the manner of marking articles intended for use in connexion with milk or milk products, including wrappers or packages intended to contain milk or milk products; (p) prescribing the qualifications, powers and duties of inspectors and other persons appointed to exercise powers and perform duties under this Act, including the power to enter premises used in connexion with the production, manufacture, processing, distribution or sale of milk or milk products for the purposes of this Act; (q) for the examination, inspection, analysis and testing of milk or milk products or any article used in connexion with milk or milk products or the production, manufacture, processing, distribution or sale thereof, prescribing charges in respect thereof, and the conditions upon and the manner in which samples of such milk, milk…

CHAPTER 50:05AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION A. The Automotive Trades Registration Board 3. Establishment of Automotive Trades Registration Board 4. Composition of the Board 5. Board may co-opt persons to attend meetings 6. Secretary/Registrar 7. Tenure of office of Board members 8. Remuneration of members of the Board 9. Meetings of the Board 10. Non-liability of members of the Board 11. Member to declare pecuniary interests B. Functions and Duties of the Board 12. Functions of the Board PART IIIREGISTRATION OF COMMERCIAL GARAGE OWNERS AND COMMERCIAL GARAGES 13. Compulsory registration of garage owners and garages 14. Register of proprietors and garages 15. Application for registration 16. Applicant to furnish description of premises 17. Consideration by and report of the Board 18. Minister to decide application 19. Registration or refusal 20. Duration of registration 21. Annual renewal of registration PART IVSURRENDER, SUSPENSION AND CANCELLATION OF REGISTRATION 22. Surrender of registration 23. Complaints to and hearings by the Board 24. Minister to decide complaints 25. Implementation of decision of Minister under section 24 26. Board-initiated investigation 27. Minister to decide on report of the Board 28. Implementation of decision of Minister under section 27 29. Minister may direct investigation by the Board 30. Power of the Minister re registration 31. Effect of cancellation 32. Suspension of registration PART VMISCELLANEOUS 33. Duty of registered proprietor on repair of vehicle or engine 34. Duty of registered proprietor who is agent of manufacturer 35. Regulations 36. Exemptions 37. Registration not in lieu of licensing or registration, etc., under other written laws 38. Not applicable to Government or local authorities 19 of 197151 of 1971G.N. 151/1972 An Act to provide for the registration of persons engaged for profit or reward in the business of the assembly, sale or repair of motor vehicles or internal combustion or other motor vehicle engines or of any electrical or mechanical parts or accessories of such vehicles or engines or engaged in businesses incidental to the maintenance or repair thereof and to provide for the protection of the general public from unfair or unconscionable practices by such persons and for matters related or incidental to any of the purposes aforesaid PART IPRELIMINARY 1. Short title, commencement and application This Act may be cited as the Automotive Trades Registration and Fair Practices Act, and shall come into operation on such date as the Minister may appoint by notice published in the Gazette: Provided that, by one notice or by separate notices, different dates may be appointed for the coming into operation of this Act in relation to different specified Regions, local authority areas, Districts or places in Malawi. 2. Interpretation In this Act unless the context otherwise requires— “annual renewal of registration meeting” means that meeting of the Board, held annually, at which renewals of registration are considered pursuant to section 21; “automotive trade” means the commercial garage business operating throughout Malawi; “Board” means the Automotive Trades Registration Board established by section 3; “Chairman” means the Chairman of the Board, appointed and designated pursuant to section 4 (2) (a); “commercial garage” means any garage operated as a business for profit or reward; “date of commencement” means, in relation to any Region, Local Government Area, District or place in Malawi, the date of the coming into operation of this Act, in such Region, Area, District or place, by notice pursuant to section 1 ; “decision of the Minister” means any decision in respect of registration under this Act, made by the Minister under section 18, 24, 27 or 29; “garage” means any premises used for the purpose of the assembly, repair or renovation of motor vehicles or of internal combustion or other engines designed to be the propelling force of such vehicles; or used for the purpose of the assembly, repair or renovation of mechanical or electrical components, parts or accessories of such vehicles or engines; or used for the assembly, repair or renovation of motor vehicle bodies, or for the breaking-up of old or damaged motor vehicles for scrap or salvage; or for the sale of new or second-hand motor vehicles; or for the re-treading or re-capping or other such renovation of motor vehicle tyres; and includes premises used for the manufacture, assembly, repair or renovation of self-propelled farm machinery; but does not include premises used solely as a petrol service station; “investigation” means an investigation by the Board into the business conduct or practices of a registered proprietor pursuant to Part IV; “motor vehicle” means any self-propelled vehicle whose propulsive force is provided by a built-in internal combustion or other engine, and includes a motor car, motor cycle and self-propelled farm and road machinery but shall not include any ship or aircraft; “petrol service station” means any…

CHAPTER 8:03EXTRADITION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIARRANGEMENTS FOR SURRENDER OF FUGITIVE OFFENDERS 3. Extradition arrangements 4. Surrender of fugitive offenders 5. Relevant offences 6. General restrictions on surrender PART IIIPROCEEDINGS FOR EXTRADITION 7. Authority to proceed 8. Issue of warrant of arrest 9. Proceedings for committal 10. Habeas corpus, etc. 11. Order for surrender to requesting country 12. Discharge in case of delay in surrendering 13. Evidence 14. Custody PART IVRECIPROCAL BACKING OF WARRANTS 15. Application of this Part 16. Backing of warrant issued in another country 17. Provisional warrant 18. Surrender of prisoner 19. Review, etc. 20. Discharge of fugitive offender PART VFUGITIVE OFFENDERS SURRENDERED TO MALAWI 21. Trial of fugitive offender surrendered to Malawi 22. Sending back of person not prosecuted within six months or acquitted PART VIGENERAL 23. Escape by fugitive offender 24. Search warrants 25. Handing over of property 26. Rules and rules of court First Schedule Second Schedule 9 of 196819 of 197219 of 1992 An Act to make provision for the extradition of offenders from and to Malawi, and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Extradition Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “court” means a subordinate court of a magistrate of the first grade or any higher grade; “designated country” where the agreement between such country and Malawi so provides, shall include any colony, protectorate, trust territory or other dependency of such country; “fugitive offender” means a person accused or convicted of a relevant offence committed according to the law of a designated country, who is in or is suspected of being in or on his way to Malawi; “relevant offence” means a relevant offence within the meaning of section 5 or an offence deemed to be a relevant offence by section 6 (1) of the Hijacking Act; “warrant” in the case of a designated country includes any judicial document authorizing the arrest of a person accused or convicted of a crime in accordance with the law of that country. (2) For the purposes of this Act a person convicted of an offence in his absence shall be deemed to be a person accused of that offence. PART IIARRANGEMENTS FOR SURRENDER OF FUGITIVE OFFENDERS 3. Extradition arrangements (1) The Minister may enter into arrangements with the government of any country providing, subject to the provisions of this Act, for the surrender on a basis of reciprocity, of fugitive offenders, and providing for any matters which, in the opinion of the Minister are incidental thereto. (2) Where the Minister has entered into an arrangement with the government of any country in accordance with subsection (1) he may, by order, designate such country, hereinafter referred to as a designated country, as a country to which this Act shall apply subject to such conditions, exceptions, adaptations or modifications as may be specified in the order. (3) The countries specified in the First Schedule shall be deemed to be designated countries to which the whole of this Act (other than Part IV) applies unless or until the Minister, by order, otherwise directs, and the Minister shall be deemed to have entered into appropriate arrangements with such countries in accordance with subsection (1). 4. Surrender of fugitive offenders Subject to the provisions of this Act, any fugitive offender from a designated country may be arrested, detained and surrendered to such country in the manner provided by this Act, whether or not the relevant offence in respect of which his extradition is sought was committed before or after the commencement of this Act. 5. Relevant offences (1) For the purposes of this Act an offence of which a fugitive offender is accused or has been convicted in a designated country is a relevant offence if— (a) it is an offence which, however described in the law of the country concerned, falls within any of the descriptions set out in the Second Schedule to this Act, and is punishable under that law with imprisonment for a term of twelve months or any greater punishment; and (b) the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence against the law of Malawi if it took place in Malawi or, in the case of an extra-territorial offence, in corresponding circumstances outside Malawi. (2) In determining for the purposes of this section whether an offence against the law of the designated country falls within a description set out in the Second Schedule, any special intent or state of mind or special circumstances of aggravation which may be necessary to constitute that offence under that law shall be disregarded. (3) The descriptions set out in the Second Schedule include in each…

CHAPTER 24:02CHANGE OF NAME (RESTRICTION) ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Appointed day 4. No person to assume, etc. another name without approval of Minister 5. Application for approval of Minister to change of name and advertising such application 6. Precluded persons 7. Applicant may also seek approval to change of name for his wife and minor children 8. Powers of Minister with regard to applications 9. Minister’s power to exempt 10. General exceptions 11. Validity of approved changes of name 12. Regulation making power 30 of 1971 An Act to provide for certain restrictions on the assumption and use by persons of names other than those by which they are ordinarily known on certain stated days and for matters related or incidental to such purpose 1. Short title This Act may be cited as the Change of Name (Restriction) Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘application’’ means an application to the Minister under section 5 for approval to assume or use a name other than that by which the person to whom the application relates was ordinarily known on the operative date; ‘‘appointed day’’ has the meaning ascribed to that term by section 3; ‘‘broadcasting service’’ bears the meaning ascribed to that term by section 2 of the Communications Act; ‘‘child’’ includes remoter issue and an adopted child and his issue and remoter issue and cognate words shall be construed accordingly; ‘‘cinematograph picture’’ bears the meaning ascribed to that term by section 2 of the Censorship and Control of Entertainment Act; ‘‘operative date’’ means— (a) in relation to any person or any member of any class of persons designated by the Minister by notice published in the Gazette to be a person or a class, as the case may be, for the purposes of this section, such date as shall be specified in such notice in respect of such person or class; (b) in relation to any person not within the scope of paragraph (a) living in Malawi on the appointed day, the appointed day; (c) in relation to any person not within the scope of paragraph (a) born in Malawi after the appointed day, the date of the ninth anniversary of the birth of such person; (d) in relation to any person not within the scope of paragraph (a), (b) or (c) who enters Malawi after the appointed day, the date of the first entry of such person; ‘‘precluded person’’ means any person who, by virtue of section 6, is ineligible to apply for approval of change of name under this Act; ‘‘stage play’’ bears the meaning ascribed to that term by section 2 of the Censorship and Control of Entertainment Act. 3. Appointed day (1) Within one month after the date of the commencement of this Act, the Minister shall, by notice published in the Gazette, declare a date specified in such notice to be the appointed day for the purposes of this Act. *(2) The date to be declared by the Minister under subsection (1) may be the said date of the commencement of this Act or it may be a date occurring before or after such date of commencement. 4. No person to assume, etc., another name without approval of Minister (1) Subject to the other provisions of this Act, no person shall, after the commencement of this Act, for any purpose assume or use or purport to assume or use, or continue the assumption or use of, any name other than that by which he was ordinarily known on the operative date unless he has first obtained in accordance with this Act the approval of the Minister under section 8 to such assumption or use and a notice giving particulars of such approval under that section has been published in the Gazette. (2) Any person who fails to comply with any provision of subsection (1) shall commit an offence and be liable to imprisonment for six months or a fine of one hundred Kwacha. 5. Application for approval of Minister to change of name and advertising such application (1) Any person, not being a precluded person, who, after the date of the commencement of this Act, desires to change the name by which he was ordinarily known on the operative date, may make application in accordance with the provisions of this section to the Minister for approval of such change of name. *Note: The appointed day was declared to be the 1st of February, 1972: See G/N. 15/72 (2) Not less than two weeks before making his application to the Minister under this section, the applicant shall cause a notice, in the prescribed form, of his intention to apply for approval of such intended change of name to be published in one issue of a…

CHAPTER 2:06PARLIAMENTARY PENSIONS (ENABLING PROVISIONS) ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF FUND 3. Establishment of the Fund 4. Objects of the Fund PART IIITHE TRUSTEES 5. Trustees of the Fund 6. Appointment and removal of Trustees 7. Disqualifications 8. Meetings of the Trustees 9. Powers of the Trustees 10. Duties of the Executive Trustee PART IVFINANCIAL PROVISIONS 11. Contributions from Parliamentary remuneration 12. Government contributions 13. Conditions of pensions PART VSUPPLEMENTAL SCHEMES 14. Trustees to formulate supplemental schemes 15. Contributions to supplemental scheme premiums PART VIMISCELLANEOUS 16. Rules against perpetuities, etc., not applicable 11 of 1981 An Act to provide for the constitution of contributory funds under the name of the Parliamentary Pensions Premium Fund for the purpose of effecting and maintaining pensions and related benefits for Members of the National Assembly and their dependants; and further to provide for periodic contributions by such Members and the Government to such funds and for the appointment of trustees of such funds under the name and style of the Trustees of the Parliamentary Pensions Premium Fund; to provide for the incorporation of such Trustees as a body corporate; to provide for the terms and conditions of the trusts under which the aforementioned funds shall be held and administered by such Trustees, and for the powers, duties and obligations of such Trustees in respect thereof and in relation to the beneficiaries thereunder; and further to provide for matters incidental to or connected with the foregoing PART IPRELIMINARY 1. Short title This Act may be cited as the Parliamentary Pensions (Enabling Provisions) Act. 2. Interpretation In this Act unless the context otherwise requires— “Chairman” means the Chairman of the Trustees designated by section 6 (1) (2); “Fund” means the Parliamentary Pensions Premium Fund, established by section 3; “insurer” means any person doing business in Malawi, as a life insurer; “Member” means a member of the National Assembly; “Minister” includes the Speaker and Deputy Ministers; “Parliamentary Service” means service as a Member of Parliament for any determinate period; “reckonable service” means the aggregate of all Parliamentary Service; “scheme” means any pension formulated under this Act and includes any supplemental scheme; “Speaker” means the Speaker of the National Assembly “Trustees” means the Trustees of the Parliamentary Pensions Premium Fund constituted by section 5. PART IIESTABLISHMENT OF FUND 3. Establishment of the Fund There is hereby established a fund to be known as the Parliamentary Pensions Premium Fund, which shall vest in, and be held and administered by the Trustees upon and subject to the trusts, and for the advancement and furtherance of the objects in this Act hereinafter declared. 4. Objects of the Fund The objects of the Fund are to provide moneys for effecting and maintaining such pension and related benefits schemes as the Trustees may, under this Act, from time to time, formulate on behalf of Members and insure with insurers for the benefit of such Members or their dependants. PART IIITHE TRUSTEES 5. Trustees of the Fund There is hereby constituted the Trustees of the Parliamentary Pensions Premium Fund, which shall by that name be a body corporate with perpetual succession and a common seal, capable of suing and being sued and, subject to this Act, of doing such acts and performing such deeds as a body corporate may by law do or perform. 6. Appointment and removal of Trustees (1) The Trustees of the Parliamentary Pensions Premium Fund shall be— (a) the Speaker, who shall be executive Trustee, and the Chairman of the Trustees; (b) two other persons appointed by the President. (2) In the event of the Speaker being unable to act as such Trustee, the President shall appoint, from among the Members, a Trustee to act as executive Trustee and Chairman in the place and stead of the Speaker during such inability. (3) Any Trustee appointed under paragraph (b) of subsection (1), or under subsection (2), may, at any time, resign from such trusteeship, by giving to the President and to the Speaker one month’s notice in writing of his intention to resign. (4) The President may, at any time, by notice in writing, remove any Trustee appointed pursuant to paragraph (b) of subsection (1), or pursuant to subsection (2), and may appoint in the place and stead of such removed Trustee, a new Trustee, who shall exercise all of the functions and powers of the Trustee whom he has replaced. (5) Where, under section 7, any Trustee becomes disqualified from continuing to act as such, the President shall appoint, in his place and stead, a new Trustee who shall exercise all of the functions and powers of the Trustee he has replaced. (6) The provisions of section 42 of the General Interpretation Act shall apply to the Trustees. 7. Disqualifications No…

CHAPTER 29:03EX-SERVICEMENS MEMORIAL HOME ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Establishment of Home 3. Establishment of Board 4. Constitution and proceedings of Board 5. Funds and land vested in the Board 6. Powers and duties of the Board 7. Power to operate a banking account 8. Expenses 9. Accounts 33 of 1971 An Act to establish a memorial home for distressed or disabled Malawi ex-servicemen and their families, to incorporate a board of Trustees for the purpose of managing, maintaining and controlling the home, and for matters incidental thereto 1. Short title This Act may be cited as the Ex-Servicemen’s Memorial Home Act. 2. Establishment of Home (1) There is hereby established a home to be called the Ex-Servicemen’s Memorial Home (hereinafter referred to as for Home) for the purpose of providing a home and assistance the distressed or disabled Malawi ex-servicemen and their families. (2) The Board referred to in section 3 may, as and when it is considered necessary or desirable, and sufficient funds are available, establish other branches of the Home at suitable sites in Malawi, and for the purposes of this Act any reference to the Home shall be deemed to include reference to any branch or branches established under this subsection. 3. Establishment of Board (1) For the purpose of managing and controlling the Home there is hereby established a Board of Trustees (hereinafter referred to as the Board), which shall be a body corporate by the name of “the Trustees of the Ex-Servicemen’s Memorial Home”, with perpetual succession and a common seal, which shall in its corporate name be capable of suing and being sued, and subject to the provisions of this Act, of purchasing, or otherwise acquiring, holding, alienating or otherwise dealing in, property, whether movable or immovable, and of doing all such acts and things as bodies corporate may by law do or perform. (2) The seal of the Board shall be authenticated by the signature of the Chairman, or the person for the time being performing the functions of Chairman, and one other member of the Board designated by the Board for such purpose, 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. 4. Constitution and proceedings of Board (1) The Board shall consist of the following members— (a) the Chairman of the Commonwealth Ex-Services League of Malawi, who shall be Chairman of the Board; (b) the Vice-Chairman of the Commonwealth Ex-Services League of Malawi, who shall be Vice-Chairman and shall in the absence or temporary incapacity of the Chairman perform the functions of Chairman of the Board; (c) the Commander of the Malawi Army; (d) the Accountant General; (e) the Chairman of the Zomba Branch of the Commonwealth Ex-Services League of Malawi; (f) a member nominated by the Central Council of the Commonwealth Ex-Services League of Malawi; (g) the person for the time being appointed as secretary/treasurer of the Board. (2) If the holder of any of the offices mentioned in subsection (1) is unwilling or unable to act, or if any such office is vacant or has been abolished, the Minister may appoint to the Board such person as he thinks fit. The Minister may at any time revoke any such appointment and shall revoke any such appointment whenever the contingency which led thereto has ceased to exist. (3) Three members of the Board shall form a quorum. (4) In the absence of the Chairman and Vice-Chairman from any meeting of the Board the members present may elect one of their number to perform the functions of Chairman at that meeting. (5) The Accountant General may with the approval of the Central Council of the Commonwealth Ex-Services League of Malawi appoint a suitable person to be secretary/treasurer of the Board. (6) The Board may regulate its proceedings in such manner as it thinks fit, but on any matter on which the votes of the Board are equally divided the Chairman or the person performing the functions of Chairman shall have a second or casting vote. 5. Funds and land vested in the Board (1) All moneys, whether represented by investments or cash, and all land and buildings which on the date of the passing of this Act were vested in the trustees appointed under the Malawi Ex-Servicemen’s Memorial Home Act (repealed by this Act) are hereby vested in the Board, and all moneys or property which may hereafter be given, bequeathed or received for the purposes of this Act shall be vested in the Board. (2) Any moneys vested in the Board by virtue of the provisions of subsection (1) of this section and not immediately required for the exercise of any of the powers or the carrying out of…

CHAPTER 33:03KAMUZU NATIONAL FOUNDATION TRUST ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment and property of Trust 4. Trustees of the Trust 5. The Trustees: appointment, tenure and meetings 5A. Secretary 6. Objects of the Trust 7. Powers of the Trustees 8. Trustees’ power to use Trust income 9. Trustees’ power to use Trust capital 10. Exemptions from taxation 49 of 19719 of 1986 An Act to provide for the establishment of a fund entitled the Kamuzu National Foundation Trust; to provide for the appointment of Trustees thereof and for the vesting of the property constituting such fund in such Trustees; to provide for the incorporation of such Trustees as a body corporate under the name, the Trustees of the Kamuzu National Foundation Trust; to provide for the terms and conditions of the trusts under which such fund shall be held and administered by such Trustees; and further to provide for matters incidental to or connected with the forgoing 1. Short title This Act may be cited as the Kamuzu National Foundation Trust Act. 2. Interpretation In. this Act unless the context otherwise requires— “alternate Trustee” means an alternate Trustee appointed in accordance with section 5 (2); “objects” means the objects of the Trust declared by section 6; “Trust” means the fund known as the Kamuzu National Foundation Trust established by section 3; “Trust capital” means such moneys as are transferred to and vested in the Trustees for the purposes of the Trust by virtue of section 11, together with all moneys or other property, real or personal, received by the Trustees in their capacity as such, whether by gift, devise or bequest, or purchased or otherwise acquired by, or vested in, the Trustees for the benefit of the Trust, other than Trust income not accumulated; “Trust income” means any interest, rents, dividends or other annual or periodic earnings from the investment or use of the Trust capital; “Trustee” means a Trustee appointed in accordance with section 5 (1); “the Trustees” means the Trustees of the Kamuzu National Foundation Trust constituted and incorporated pursuant to section 4. 3. Establishment and property of Trust (1) There is hereby established a fund to be known as the Kamuzu National Foundation Trust (hereinafter referred to as the “Trust”) which shall vest in, be held and administered by Trustees pursuant to this Act upon and subject to the trusts and for the advancement and furtherance of the objects in this Act hereinafter declared. (2) The property of the Trust shall consist of— (a) such sums of money as may be paid to the Trustees for the benefit of the Trust from moneys appropriated therefor by Parliament; (b) such sums of money or other property, real or personal, as may be purchased, acquired or received by, or transferred to, or vested in the Trustees, in their capacity as such, whether by way of gift, devise, bequest, purchase or otherwise howsoever; (c) such sums of money or other property, real or personal as may accrue to the Trustees in the exercise of their powers under this Act; (d) such sums of money or other property, real or personal, as may be transferred to the Trustees for the benefit of the Trust by or under this or any other written law. 4. Trustees of the Trust There is hereby constituted the Trustees of the Kamuzu National Foundation Trust, which shall by that name be a body corporate with perpetual succession and a common seal capable of suing and being sued and, subject to the provisions of this Act, of doing such acts and performing such deeds as a body corporate may lawfully do or perform. 5. The Trustees (1) The Trustees of the Kamuzu National Foundation Trust shall be appointed by the President and shall consist of— (a) one person to represent the Malawi Army; (b) one person to represent the Malawi Police; (c) one person to represent the Malawi Congress Party; (d) one person to represent commercial and industrial interests in Malawi; (e) one person to represent banking institutions in Malawi, one of whom shall be designated by the President as Chairman of the said Trustees and another of whom shall be so designated as the Vice-Chairman thereof. In the absence or incapacity of the Chairman the Vice-Chairman shall act in his stead. (2) The President shall, upon the appointment of a Trustee pursuant to subsection (1), appoint from the same category an alternate Trustee. (3) An alternate Trustee appointed pursuant to subsection (2)— (i) shall act as a Trustee only when the Trustee to whom he is alternate is unable to exercise his functions as Trustee by reason of illness, absence from Malawi or other grave cause; (ii) when acting as a Trustee shall have all the powers and be subject to…