Category: Principal Legislation

CHAPTER 39:09SPECIAL ECONOMIC ZONES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Objects of the Act PART IIADMINISTRATION 4. Designation of Special Economic Zones Authority 5. Functions of the Authority 6. Powers of the Authority 7. Special Economic Zones Committee 8. Delegation by the Authority PART IIIDECLARATION AND OBJECTS OF SPECIAL ECONOMIC ZONES 9. Objects of special economic zones 10. Type and nature of special economic zones 11. Criteria for declaring special economic zones 12. Declaration of special economic zones 13. Prohibition of private use of special economic zone land PART IVLICENSING OF SPECIAL ECONOMIC ZONES 14. Licensing of special economic zones developers 15. Licensing of special economic zones operators 16. Licensing of special economic zones enterprises 17. Amendment of licences 18. Suspension and revocation of licences 19. Transfer of licences 20. Assignment of rights or interests in licences 21. Register of licenses, etc. 22. Notice to minister responsible for finance Commissioner General of Malawi Revenue Authority 23. Publication of licences PART VSPECIAL ECONOMIC ZONES LAND AND SITE DEVELOPMENT 24. Allocation of land for special economic zones 25. Land use 26. Dedicated desk officers 27. Special economic zones facilities 28. Rights and obligations of a special economic zone developer PART VITAX AND NON-TAX RELATED RIGHTS AND BENEFITS OF SPECIAL ECONOMIC ZONE ENTITIES 29. Tax related benefits 30. Additional fiscal and non-fiscal benefits 31. Non-tax related benefits of special economic zone enterprises 32. Non-tax related rights and benefits of special economic zone developer PART VIICUSTOMS AND EXCISE 33. Goods to be considered exported from, and imported into, Malawi 34. Goods and services within special economic zones 35. Handling of goods in special economic zones 36. Movement of goods within special economic zone premises 37. Application to remove goods from special economic zone premises 38. Date of removal of goods from special economic zones 39. Missing dutiable goods 40. Determination of duty and rules of origin 41. Exemptions from quotas or other restrictions on imports or exports 42. Sell or export of goods imported for licensed activities 43. Certain goods not to be taken into special economic zone PART VIIIWORK PERMITS, RESIDENCY AND OTHER OPERATIONS WITHIN SPECIAL ECONOMIC ZONES 44. Special economic zones one-stop centre 45. Special economic zones employment permits 46. Special economic zone residency and business operations by non-special economic zone enterprises 47. Regulation of retail trade in special economic zones 48. Essential facilities in special economic zones 49. Disposal of abandoned property PART IXBANKING AND INSURANCE SERVICES 50. Banking activities 51. Restrictions on borrowing and movement of money 52. Payments for goods or services 53. Foreign currency denominated accounts and payments in foreign currency 54. Insurance business PART XSPECIAL ECONOMIC ZONES FUND 55. Establishment of Special Economic Zones Fund 56. Object of the Fund 57. Application of the Fund PART XIMISCELLANEOUS 58. Licensee to notify the Authority on failure to implement investment 59. Annual reports 60. Fees 61. Levy 62. Prohibition of unauthorized disclosure of information 63. Protection from liability 64. Power to request for documentation 65. Identity cards 66. Administrative penalties 67. Some special economic zones to be exempted from application of this Act 68. Liability of directors of bodies corporate 69. Offences and penalties 70. General penalties 71. Penalties for continuing offences 72. Regulations SCHEDULE 8 of 2024G.N. 14/2024 An Act to make provision for the declaration, designation, promotion, establishment, development, operation and regulation of special economic zones; promotion and facilitation of foreign and local investment in special economic zones; designation, powers and duties of a special economic zones Authority; and matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Special Economic Zones Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Malawi Investment and Trade Centre established under section 3 of the Investment and Export Promotion Act; “company” has the meaning ascribed to that term under the Companies Act and includes a foreign-registered company; “customs territory” means the geographical area of Malawi but does not include a special economic zone; “duty” has the meaning ascribed to that term under the Customs and Excise Act; “Fund” means the Special Economic Zones Fund established under section 55; “goods” means all kinds of wares, articles, merchandise, animals, matter, baggage, stores, materials, and includes— (a) postal items other than personal correspondence; and (b) the proceeds of sale of any goods sold under this Act; “infrastructure” means a road, power plant, water plant, drainage system, telecommunication plant, sanitation and water treatment plant, networks and a building and other facilities, necessary for the development and operation of a special economic zone; “Malawi Revenue Authority” means the Malawi Revenue Authority established under section 8 of the Malawi Revenue Authority Act; “Registrar” means the Registrar of Financial Institutions appointed under the Financial Services Act; “services” means tradable services which…

CHAPTER 39:03INVESTMENT AND EXPORT PROMOTION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE MALAWI INVESTMENT AND TRADE CENTRE 3. Establishment of the Malawi Investment and Trade Centre 4. Functions of the Centre 5. Powers of the Centre 6. Composition of the Centre 7. Tenure of office 8. Vacancies 9. Meetings of the Centre 10. Committees of the Centre 11. Allowances of the members of the Centre 12. Disclosure of interest PART IIIADMINISTRATION 13. Secretariat of the Centre 14. Director General 15. Other employees PART IVONE-STOP SERVICE SHOP 16. One-Stop Service Shop PART VNATIONAL INCENTIVES COMMITTEE 17. National Incentives Committee 18. Procedure and reporting of National Incentives Committee PART VIFINANCIAL PROVISIONS 19. Funds and property of the Centre 20. Levy 21. Accounting and audit PART VIIINVESTMENT CERTIFICATE 22. Investment certificates 23. Application for, and issuance of, investment certificates 24. Criteria for issuance of investment certificates 25. Renewal of investment certificates 26. Transfer of investment certificates 27. Revocation of investment certificates 28. Notification of abandonment of investment certificate PART VIIIEXPORTER REGISTRATION CERTIFICATE 29. Exporter registration certificates 30. Renewal of exporter registration certificate 31. Suspension or revocation of exporter registration certificate PART IXINCENTIVES 32. Fiscal incentives 33. Income tax allowance 34. Duty drawback PART XSERVICES 35. Strategic areas for investment and exports 36. One-Stop service for relevant permits, licences, etc. 37. Land for investment 38. Immigration 39. Utilities and other services and facilities PART XIAPPEALS 40. Appeals 41. Procedure and expenses of appeals panels PART XIIMISCELLANEOUS 42. Non-application of the Act to certain products, etc. 43. Register of licences, permits, certificates, etc. 44. Records to be kept 45. Amendment of certificate, permit, etc. 46. Annual reports 47. Common seal 48. Oath of secrecy 49. Confidentiality 50. Protection from personal liability 51. General penalty 52. Regulations, rules, etc. 53. Repeal and savings 54. Cessation of Malawi Investment and Trade Centre Limited and transfer of rights and obligations SCHEDULE 6 of 2024 An Act to provide for the promotion of investment and exports in Malawi; the establishment of the Malawi Investment and Trade Centre; the establishment of the One-Stop Service Shop; the establishment of the National Incentives Committee; the repeal of the Investment Promotion Act, the Export Promotion Council Act and the Export Incentives Act; and to provide for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Investment and Export Promotion Act. 2. Interpretation In this Act, unless the context otherwise requires— “Centre” means the Malawi Investment and Trade Centre established under section 3; “Chairperson” means the Chairperson of the Centre appointed under section 6 (2); “Director General” means the Director General of the Centre appointed under section 14; “domestic investment” means an investment made by a domestic investor; “domestic investor” means an investor who is— (a) a natural person who is a citizen, or a permanent resident, of Malawi; (b) a partnership or association in which the controlling interest is owned by a person who is a citizen or permanent resident, or jointly owned by persons who are, citizens or permanent residents, of Malawi; (c) a legal person incorporated under the laws of Malawi in which— (i) more than fifty per cent of shares are held by persons who are citizens or permanent residents of Malawi; or (ii) fifty per cent or more of the voting rights are held by persons who are citizens or permanent residents of Malawi; “Exporter registration certificate” means a certificate issued by the Centre pursuant to section 29; “foreign investment” means investment made by a foreign investor; “foreign investor” means an investor who is not a domestic investor; “investment” means a domestic investment or a foreign investment but excludes a portfolio investment; “investment certificate” means a certificate issued by the Centre pursuant to section 22; “investor” includes an existing and potential investor but excludes an investor on a securities market; “portfolio investment” means an investment in shares or other securities traded on any securities and money market; “public body” has the meaning as ascribed to that term under the Public Finance Management Act; and “strategic area” means a strategic area for investment or export as prescribed under section 35. PART IITHE MALAWI INVESTMENT AND TRADE CENTRE 3. Establishment of the Malawi Investment and Trade Centre There is hereby established a body to be known as the Malawi Investment and Trade Centre (in this Act otherwise referred to as the “centre”) which shall— (a) be a body corporate by that name, having perpetual succession and a common seal; and (b) subject to the provisions of this Act, be capable of doing or performing all such acts or things as bodies corporate may by law do or perform. 4. Functions of the Centre (1) The Centre shall promote and facilitate investment and exports in Malawi. (2) Without derogation from…

CHAPTER 33:05DISASTER RISK MANAGEMENT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IINATIONAL DISASTER RISK MANAGEMENT COMMITTEE AND NATIONAL DISASTER RISK MANAGEMENT TECHNICAL SUB-COMMITTEE 3. Establishment and composition of the National Disaster Risk Management Committee 4. Tenure of office and vacancies 5. Co-opted persons 6. Chairperson and Vice-Chairperson of the National Committee 7. Allowances of members of the National Committee 8. Functions of the National Committee 9. Powers of the National Committee 10. Meetings of the National Committee 11. Establishment and membership of the National Disaster Risk Management Technical Sub-Committee 12. Functions of the Technical Sub-Committee 13. Sub-committees PART IIICOMMISSIONER FOR DISASTER RISK MANAGEMENT 14. Establishment of the office of Commissioner 15. Functions of the Commissioner PART IVLOCAL GOVERNMENT AREA DISASTER RISK MANAGEMENT 16. Local government area disaster risk management 17. Local government disaster risk management committees 18. Functions of local government disaster risk management committees 19. Area disaster risk management committees 20. Local authority disaster risk management officer 21. Disaster risk management volunteers PART VDISASTER PREPAREDNESS AND RISK MANAGEMENT 22. Disaster risk assessment and reduction 23. Disaster Risk Management Plan 24. Disaster preparedness 25. Disaster risk management information systems 26. Establishment of an integrated early warning system 27. Education and training 28. Simulation exercises 29. Annual equipment certification 30. Abatement of danger 31. General obligation on disaster risk management PART VIHIGH-RISK AREAS 32. Declaration of high-risk areas 33. Development of high-risk areas 34. Relocation and resettlement procedure 35. Unlawful occupation of high-risk areas PART VIIDISASTER RESPONSE AND RECOVERY 36. Commissioner to facilitate timely, etc.; disaster response 37. Declaration of a state of disaster 38. Duties and powers of the Commissioner during a state of disaster 39. Entry, search and rescue 40. Evacuation of persons 41. Compliance with evacuation directions 42. Duration of stay in evacuation centres 43. Management of evacuation centres 44. Disaster recovery programme PART VIIIINTERNATIONAL RELIEF ASSISTANCE 45. Appeal for international relief assistance 46. Commencement and termination of international relief assistance 47. Obligations of the Commissioner 48. Obligations of assisting international actors PART IXDISASTER RISK MANAGEMENT TRUST FUND 49. Establishment and management of a Disaster Risk Management Trust Fund PART XOFFENCES AND PENALTIES 50. Offences and penalties PART XIMISCELLANEOUS 51. Accountability and utilization of relief assistance 52. Annual reports 53. Utility service providers to provide disaster contingency and early recovery plans 54. Protection from liability 55. Regulations 56. By-laws 57. Repeals and savings 27 of 2023G.N. 65/2023 An Act to provide for disaster preparedness, risk reduction, response and recovery; the establishment of the National Disaster Risk Management Committee and the National Disaster Risk Management Technical Sub-Committee; the establishment of the office of Commissioner for Disaster Risk Management; and matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Disaster Risk Management Act. 2. Interpretation In this Act, unless the context otherwise requires— “assisting actor” means any individual or organization responding to a disaster; “disaster” means a serious disruption of the functioning of a community at any scale involving widespread human, material, social, cultural, economic or environmental loss or impact, which exceeds the ability of the affected community to respond, cope and recover using its own resources; “disaster area” means a geographical area, within the territory of Malawi, where a disaster has occurred; “disaster response” means the provision of emergency services and assistance during or immediately after a disaster in order to save lives, reduce health impact of the disaster, ensure public safety and meet the basic subsistence needs of the affected persons or community; “disaster risk” means the potential disaster associated with loss of life, health status, livelihoods, assets and services, which may occur to a particular community over a period of time; “disaster risk management” means a systematic process of using administrative systems and structures to implement policies and strategies to— (a) reduce the risk of an existing disaster or prevent future risk; (b) mitigate the severity or impact of a disaster; (c) promote and support emergency preparedness; (d) provide rapid and effective response and coordination to disasters; and (e) promote post-disaster recovery and rehabilitation interventions, including resilience building; “District Commissioner” includes a Chief Executive Officer of a City, Municipality or Town Council; “early warning system” means an integrated system of hazard monitoring, forecasting and prediction, and includes structures and processes that enable individuals, communities, the Government and other organizations to take timely action to reduce disaster risks in advance of a hazardous event; “evacuation centre” means premises specifically designated by the Commissioner to provide temporary shelter to persons affected by a disaster. “Fund” means the Disaster Risk Management Trust Fund established under section 49; “hazard” means a dangerous phenomenon, substance, human activity or condition that may cause loss of life, injury or other health impact, property damage, loss of livelihoods or services, social or economic disruption,…

CHAPTER 44:06DEPOSIT INSURANCE CORPORATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE DEPOSIT INSURANCE CORPORATION 3. Establishment of the Deposit Insurance Corporation 4. Board of Corporation 5. Persons not eligible for appointment as members of the Board 6. Termination of appointment and filling of vacancies 7. Tenure of office 8. Conduct of business and affairs of the Board and allowances 9. Powers of the Board 10. Functions of the Corporation 11. Powers of the Corporation 12. Arrangement with other agencies 13. Director General 14. Staff of the Corporation 15. Annual report PART IIICAPITAL AND FUNDS OF THE CORPORATION 16. Capital of the Corporation 17. Source of funds of the Corporation 18. Deposit insurance funds 19. General Reserve Fund 20. Investment 21. Expenditure 22. Accounts and audit PART IVDEPOSIT INSURANCE SCHEME 23. Establishment and membership 24. Uninsured deposits 25. Assessment of premium rates 26. Special contribution 27. Payment of dividends while in default of obligation 28. Prohibition of set off 29. Determination of insured amounts 30. Payment of claims to clients 31. Power to withhold payment of client’s claims 32. Limitations of payment claims PART VSUPERVISION OF THE INSURED INSTITUTIONS 33. Examiners 34. Submission of returns 35. Penalties for wilful failure to submit information, etc. 36. Obligation of a failing insured institution 37. Report of special examination and corrective actions required of insured institution PART VITERMINATION OF INSURED STATUS 38. Grounds for termination of insured status 39. Procedure before termination of insured status 40. Termination of insured status and consequences PART VIIRESOLUTION OF FAILING INSURED INSTITUTIONS 41. Financial assistance 42. Management and resolution 43. Bridge institution 44. Appointment of the Corporation as liquidator 45. Powers of the liquidator 46. Appointment of agent 47. Limitation Act not applicable PART VIIIOFFENCES 48. Prohibition against insuring funds by person other than the Corporation 49. Liability of directors and officers of insured institutions 50. Administrative penalties PART IXMISCELLANEOUS 51. Advertisement of insured status 52. Exemption from Insurance Act 53. Guarantee of borrowing by the Reserve Bank 54. Exchange of information 55. Obligations of an external auditor 56. Confidentiality 57. Protection from liability 58. Regulations 59. Transition 10 of 2022G.N. 47/2023 An Act to establish the Deposit Insurance Corporation and to provide for its powers, functions, management, operation and matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Deposit Insurance Corporation Act. 2. Interpretation In this Act, unless the context otherwise requires— “applicable deposit liabilities” means total deposit liabilities in books of a bank or other deposit taking financial institutions less uninsured deposits; “asset management company” means a company created for the purpose of acquiring assets of a failing or failed insured institution; “bank” has the meaning ascribed to that term in the Banking Act; “bank rate” means the bank rate of the Reserve Bank of Malawi; “Board” means the Board of Directors of the Corporation constituted under section 4; “bridge institution” means financial institution created by the Corporation in accordance with section 43; “client” means— (a) a depositor in a bank or any other financial institution; (b) a person who invest funds in a financial institution other than as a shareholder; (c) a policy holder under an insurance policy; and (d) any other person as the corporation may determine. “close relation” has the meaning ascribed to that term under Financial Services Act; “controlling party” has the meaning ascribed to that term under Financial Services Act; “Corporation” means the Deposit Insurance Corporation established under section 3; “deposit” means monies lodged by depositor with an insured institution, whether repayable on demand, upon expiry of a given period of time, or on a fixed date, or at a time, or in circumstances agreed by, or, on behalf of the depositor making the lodgment and the insured institution receiving it; “deposit insurance fund” means a fund created under section 18; “Director General” means the Director General of the Corporation appointed under section 13; “excess uninsured amounts” means funds of insured clients above the insured amounts; “failed insured institution” means an insured institution whose licence has been revoked; “failing insured institution” means an insured institution whose capital, solvency or liquidity is below the minimum prescribed by the Registrar; “funds” means— (a) deposits in a bank or any other financial institution; (b) money managed by a financial institution on behalf of an investor; (c) premiums paid under an insurance policy; (d) pension contributions; and (e) any other type of funds as the corporation may determine. “General Reserve Fund” means the General Reserve Fund established by the Corporation under section 19 for purposes of absorbing operating losses of the Corporation or meeting the deficiency of deposit insurance funds when called upon to make payments to insured clients; “insider deposit” means a deposit of director and shareholder of a bank or other…

CHAPTER 12:01DEFENCE FORCE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application of the Act PART IICOMPOSITION, FUNCTIONS, SUPERINTENDENCE AND OVERSIGHT OF THE DEFENCE FORCE 4. Composition of the Defence Force 5. Establishment and composition of the Defence Council 6. Functions of the Defence Council 7. Meetings and conduct of business of the Defence Council 8. Functions of the Defence and Security Committee 9. Members of Defence and Security Committee, etc., to take oath of secrecy PART IIICOMMAND OF THE DEFENCE FORCE 10. Powers of Commander-in-Chief 11. Commander of the Defence Force 12. Functions of Commander 13. Delegation of powers by Commander 14. Deputy Commander of Defence Force 15. High Command of the Defence Force 16. Service Commanders 17. Appointment of Service Commanders 18. Delegation by Service Commanders 19. Vacancy in offices of Commander, Deputy Commander and Service Commanders 20. Commander, Deputy Commander and Service Commanders to take oath of office PART IVADMINISTRATION AND GOVERNANCE OF THE DEFENCE FORCE 21. Directorates of the Defence Force 22. Military colleges of the Defence Force 23. Military police 24. Inspector General of the Defence Force 25. General Command and Staff Council PART VCOMMISSION OF OFFICERS AND ENLISTMENT OF SOLDIERS Division 1Commission of Officers 26. Grant of commissions 27. Commissions Board Division 2Enlistment and Terms of Service of Soldiers 28. Enlistment of soldiers of the Defence Force 29. Validity of attestation and enlistment 30. Terms of enlistment and engagement on pensionable service 31. Prolongation of service 32. Offences in relation to enlistment PART VIREDRESS OF COMPLAINTS 33. Redress of complaints by officers 34. Redress of complaints by soldiers PART VIIEXIT FROM THE DEFENCE FORCE 35. Termination of service 36. Compulsory resignation 37. Retirement from service 38. Discharge from service 39. Right of soldier to purchase discharge 40. Right of warrant officer to discharge 41. Procedure on discharge from service 42. Postponement of discharge or transfer pending proceedings for offences, etc. 43. Rules for reckoning service PART VIIIOPERATIONAL MATTERS Division 1Active Service 44. Active service Division 2Billeting and Requisitioning of Vehicles, Aircraft and Vessels 45. Bringing into operation of provisions under this Division 46. Billeting requisitions 47. Premises in which billets may be provided 48. Provision of billets 49. Billeting schemes 50. Accommodation to be provided and payment made therefor 51. Appeal against billeting decisions 52. Compensation for damage 53. Application to civilians employed with the Defence Force 54. Suspension of laws against billeting 55. Billeting offences 56. Refusal to receive service members billeted, etc. 57. Requisitioning orders 58. Delivery of possession of vehicles, aircraft or vessels 59. Assistance of police authorities 60. Retention period for requisitioned vehicles, aircraft and vessels 61. Payment for vehicles, aircraft or vessels furnished 62. Avoidance of hardship in requisitioning of vehicles, aircraft and vessels 63. Record and inspection of vehicles, aircraft and vessels 64. Application to horses, food forage and stores 65. Damage by vehicles, aircraft or vessels being delivered for requisitioning 66. Enforcement of provisions as to requisitioning 67. Offences in relating to requisitioning of vehicles, aircraft or vessels Division 3Cooperation With Other Forces 68. Cooperation with other forces 69. Visiting defence forces PART IXDISCIPLINE AND MILITARY OFFENCES 70. Definitions Division 1Treachery, Cowardice and Other Offences Arising out of Military Service 71. Aiding an enemy 72. Communication with an enemy 73. Cowardly behaviour 74. Offences against morale 75. Becoming prisoner of war through disobedience or wilful neglect and failing to rejoin force 76. Offences by or in relation to sentries, etc. 77. Looting Division 2Mutiny and Insubordination 78. Mutiny 79. Failure to suppress mutiny 80. Insubordinate behaviour 81. Disobedience to particular orders 82. Obstruction of provost officer 83. Disobedience of standing orders Division 3Desertion, Absence Without Leave, etc. 84. Desertion 85. Absence without leave 86. Assisting and concealing desertion or absence without leave 87. Falsely obtaining or prolonging leave 88. Failure to perform military duties 89. Failure to attend on embodiment or training Division 4Malingering and Intoxication 90. Malingering 91. Intoxication Division 5Offences Relating to Property 92. Offences relating to public and service property 93. Offences in relation to property of members subject to this Act 94. Miscellaneous offences relating to property 95. Loss and hazarding of aircraft, vessel or vehicle of Defence Force 96. Improper carriage of persons and goods Division 6Offences Relating to Vehicles, Aircraft or Vessels 97. Dangerous flying, navigation or driving 98. Low flying, navigation in shallow waters 99. Annoyance by flying or navigating Division 7Offences Relating to, and by, Persons in Custody 100. Permitting escape and unlawful release of prisoners 101. Resistance to arrest 102. Escape from confinement Division 8Offences in Relation to Courts-martial 103. Offences in relation to courts-martial 104. False evidence Division 9Miscellaneous Offences 105. Injurious disclosures 106. Making of false documents 107. Scandalous conduct of an officer 108. Ill-treatment of a member of inferior rank 109.…

CHAPTER 39:08ONE-STOP BORDER CONTROL ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. One-stop border post agreements PART IICONTROL ZONES AND FACILITIES IN CONTROL ZONES 4. Establishment and designation of control zones 5. Exclusive use areas 6. Equipment for official use 7. Communication equipment in control zones 8. Free movement of officers in control zones 9. Identification of officers 10. Carrying of firearms by officers 11. Access to control zones by facilitation agents PART IIICONDUCT OF BORDER CONTROLS 12. Border controls by officers of adjoining State 13. Sequence of controls 14. Joint controls 15. Obligation to re-admit persons, vehicles, etc. PART IVAPPLICATION OF BORDER CONTROL LAWS 16. Laws of Malawi and adjoining States to apply in control zones 17. Responsibility of Malawi police in control zones in Malawi PART VMISCELLANEOUS 18. Temporary measures 19. Regulations 20. Transition provision SCHEDULE 32 of 2022G.N. 46/2023 An Act to provide for implementation of one-stop border post agreements between the Republic of Malawi and adjoining States; authorize extra-territorial application of the laws of Malawi and neighbouring States in one border posts; establish control zones and provide for powers of officers in the control zones; and provide for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as One-Stop Border Control Act. 2. Interpretation In this Act, unless the context otherwise requires— “adjoining State” means a State that shares a common border with the Republic of Malawi; “border controls” means any border related control measure, check or authorization and includes powers of arrest, search, seizure and detention of persons and goods; “control zone” means a part of the territory of the Republic of Malawi or an adjoining State within which officers of both States are empowered to conduct border controls under this Act; “exclusive use area” means an area of the control zone dedicated to the exclusive use of the Republic of Malawi or an adjoining State in a one-stop border post; “facilitation agent” means a person other than an officer, providing services for the completion of border controls by passengers or freight in accordance with the laws of the Republic of Malawi and an adjoining State; “officer” means a person responsible for exercising border controls in accordance with the laws of the Republic of Malawi or an adjoining State; “one-stop border post agreement” means an agreement relating to the establishment of a one-stop border post entered into by the Republic of Malawi and an adjoining State in accordance with section 3; and “one-stop border post” means a border post established under a one-stop border post agreement between the Republic of Malawi and an adjoining State. 3. One-stop border post agreements (1) The Republic of Malawi may enter into a one-stop border post agreement, with an adjoining State to facilitate trade. (2) A one-stop border post agreement shall provide for— (a) the undertaking of border controls on behalf of the Republic of Malawi and the adjoining State at a place located— (i) in the territory of the Republic of Malawi; and (ii) within the territory of the adjoining State. (b) the exercise of border controls by officers from the Republic of Malawi and the adjoining State, in accordance with the relevant legislation of Malawi and the adjoining State. PART IICONTROL ZONES AND FACILITIES IN CONTROL ZONES 4. Establishment and designation of control zones (1) The Minister may, after consulting appropriate authorities in Malawi and in collaboration with an adjoining State with which the Republic of Malawi has entered into a one-stop border post agreement, establish and designate a control zone at a common port of entry for the implementation of one-stop border controls. (2) A control zone may be wholly or partially located in the Republic of Malawi or an adjoining State or be in such other mutually agreed geographical location as specified in the one-stop border post agreement between the Republic of Malawi and the adjoining State. (3) A control zone shall be arranged such that for each direction of travel, border controls are carried out at the port of entry or, depending on the configuration, from a single stop location. 5. Exclusive use areas (1) The Minister may, pursuant to a one-stop border post agreement with an adjoining State, assign a portion of a control zone established in the territory of Republic of Malawi to the adjoining State, for the exclusive use of the adjoining State. (2) Officers of the adjoining State shall have control over entry into, and exit from, the exclusive use area and may, where necessary, request for assistance from competent authorities of the Republic of Malawi. (3) A law enforcement officer of the Republic of Malawi shall not enter the exclusive use area of an adjoining State except at the request or with the permission of officers of the adjoining State. 6.…

CHAPTER 69:02PUBLIC ROADS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION OF ROADS 3. Overall administration 4. Responsibilities of the Authority 5. Responsibilities of local government authorities 6. Responsibilities of the Administration PART IIICLASSIFICATION AND DESIGNATION OF ROADS AND ROAD RESERVES Division IClassification and Designation of Roads 7. Classification and vesting of roads 8. Main roads 9. Secondary roads 10. District roads 11. Community roads 12. Urban roads 13. Private roads 14. Change in classification of roads 15. Alteration to management, closure and declassification of public roads 16. Designation of new roads and compensation Division 2Road Reserves 17. Designation of a road reserve 18. Width of road reserve and effect of reservation 19. Change in width of road reserve 20. Entry into road reserve 21. Damage to structures in a road reserve and compensation 22. Activity in a road reserve 23. Service of notice on a road authority PART IVEXECUTION OF ROAD WORKS 24. Control points of access, structures, etc. 25. Construction, care and maintenance of roads 26. Power to enter upon land for survey or investigation 27. Power to control traffic 28. Power to control land for proposed roads 29. Power to take materials for road works 30. Power to cut and remove trees 31. Power to undertake ancillary works 32. Regulation of works of undertakers 33. Execution of works of undertakers 34. Undertakers to provide warning and safety precautions 35. Construction of an access road 36. Provision for pedestrians, cyclists, etc. 37. Ferries, pontoons and bridges 38. Provision of cattle grids 39. Speed limit 40. Storm water from roads 41. Storm water from land adjoining 42. Temporary diversions 43. Erection of temporary premises 44. Prevention of damage, obstruction etc., to roads 45. Construction of special roads 46. Works at railway crossing 47. Removal of apparatus 48. Contractors may exercise rights granted to road authority 49. Powers exercised by electricity undertakers 50. Limitation of time in which works may be executed 51. Road authorities and employees may park vehicles, erect huts, etc., on private land PART VRESERVATION OF LAND 52. Reservation of land 53. Withdrawal or modification of control or reservations 54. Unauthorized acts on controlled or reserved land PART VICOMPENSATION 55. Assessment of compensation generally and for surface rights 56. Compensation for land which becomes public land 57. Matters to be considered when assessing compensation for alienated land 58. Compensation for crops, trees and utility service facilities, etc. 59. Claims for compensation 60. Compensation board 61. Appeals to the High Court PART VIITRAFFIC SIGNS, ADVERTISEMENTS AND STRUCTURES 62. Traffic signs 63. Temporary traffic signs 64. Control of advertisements and structures 65. Removal or alteration of advertisements and structures PART VIIIOFFENCES AND PENALTIES 66. Destroying a road reserve or road furniture 67. Causing damage, obstruction, etc. to a public road 68. Restriction on rails, pipes etc. over public roads 69. Obstruction of authorized officers 70. General penalty PART IXMISCELLANEOUS 71. Service of notices 72. Indemnity of a road authority 73. Liability of road authorities and authorized officers 74. Plans of public roads 75. Regulations 76. Repeal and savings 77. Transitional 7 of 2023G.N. 39/2023 An Act to provide for the administration, classification and regulation of public roads; and to provide for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Public Roads Act. 2. Interpretation In this Act, unless the context otherwise requires— “Administration” means the Roads Fund Administration established under section 3 of the Roads Fund Administration Act; “advertisement” includes any structure or apparatus erected, or intended to be erected, for the display of advertisements; “alternative land”, in relation to land, means land which, in accordance with any written law, can be made available to an occupier who suffers disturbance; “Authority” means the Roads Authority established under section 3 of the Roads Authority Act; “authorized officer” means an officer of the Authority or an officer of a road authority; “carriageway” means the part of a road designed and constructed to be used for vehicular traffic or used or reasonably usable for the time being for that purpose, but does not include a cycle track; “centre of the road” means the centre of the carriageway; “compensation board” means a compensation board constituted in accordance with section 60; “cycle track” means a portion of a road exclusive of a carriage way set aside for use solely by persons riding pedal cycles; “Deeds Registrar” means the Deeds Registrar appointed in accordance with section 3 of the Deeds Registration Act; “existing road” means a road over which the public exercised a right of way prior to the coming into force of this Act whether or not such road has been designated a public road under this Act; “footpath” means a portion of a road exclusive of the carriageway set aside for…

CHAPTER 2:01PRESIDENTIAL, PARLIAMENTARY AND LOCAL GOVERNMENT ELECTIONS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIREGISTRATION OF VOTERS 3. Eligibility for registration 4. Voter registration 5. Right and duty to register 6. Duty to promote registration 7. Single registration 8. Place of registration and transfers 9. Registration officers 10. Registration centres 11. Voters register 12. Evidence of a person’s eligibility to register 13. Registration and issue of voter’s registration certificate 14. Updating of voters register 15. Deregistration of a voter 16. Monitoring of registration by political parties and independent candidates 17. Rights and duties of representatives of political parties and independent candidates 18. Suspension of registration of voters 19. Application to change registration details 20. Publication of voters register 21. Inspection of voters register before elections PART IIICONDUCT OF ELECTIONS Division 1General 22. General elections 23. By-elections 24. Appointment of returning officers 25. Election representatives 26. Powers and duties of an election representative Division 2Conduct for election to the office of President 27. Notice of election to the office of President 28. Nominations of presidential candidates 29. Nomination fees 30. Publication of names of presidential candidates 31. Withdrawal of candidates for election to the office of President 32. Extension of period for nomination of candidate for election to the office of President 33. Holding of fresh nominations for presidential candidates and replacement of running mates 34. Publication of notice of poll 35. Second poll in a presidential election and security for candidates Division 3Conduct for elections of members of the National Assembly and councillors 36. Notice of elections for members of the National Assembly and councillors 37. Nomination of candidates 38. Qualifications for nomination for election as Members of the National Assembly or councillors 39. Submission of nomination papers 40. Nomination fees 41. Invalid nominations 42. Rejected nominations 43. No nomination of candidate 44. Publication of names of candidates for election as member of the National Assembly or councilor 45. Procedure for uncontested election 46. Procedure when poll to be held 47. Special provisions with respect to by-elections 48. Withdrawal of a candidate 49. Death of a candidate PART IVCAMPAIGN FOR ELECTION 50. Campaigning by political parties and candidates 51. Campaign period 52. Equal treatment of candidates 53. Freedom of expression and information 54. Freedom of assembly 55. Ethical norms during campaign 56. Prohibited places of campaigning 57. News broadcasts and reports 58. Publication of campaign materials 59. Campaign financing 60. Prohibition on contributions 61. Prohibition on use of public resources PART VPOLLING STATIONS 62. Polling stations 63. Polling station officers 64. Working hours for polling station officers 65. Work items for polling station officers 66. Security of items at polling stations 67. Monitoring of voting by political parties and candidates 68. Rights and duties of representatives of political parties and candidates PART VITHE VOTE AND VOTING PROCESS 69. Ballot papers 70. Voting booth 71. Ballot boxes 72. Right to vote 73. Right of employees to be released to vote 74. Place of voting 75. Requirement for exercising the right to vote 76. Identification of voters 77. Voting hours 78. Procedure before commencement of voting 79. Order of voting 80. Continuity of the voting process 81. Adjournment in certain cases 82. Prohibited presence, etc., at a polling station 83. Procedure for casting votes 84. Voting by persons with disabilities 85. Issuance of a new ballot paper 86. Doubts and complaints 87. Definition of void vote PART VIIDETERMINATION OF RESULTS OF ELECTIONS 88. Structures for determining results 89. Unused ballot papers 90. Classification of votes 91. Opening of ballot boxes and counting of votes 92. Record of the polling process 93. Delivery of ballot papers, etc., from polling stations 94. Compilation of the district result of the elections 95. Determination of the national result of a general election 96. Analysis of complaints, etc., prior to determination of the national result 97. Records of the national result of a general election 98. Publication of the national result PART VIIICOMPLAINTS AND APPEALS 99. Commission to decide on complaints 100. Appeals to the High Court PART IXELECTION PETITIONS 101. Election petitions PART XOBSERVATION 102. Meaning of observation 103. Accreditation of observers 104. Scope of observation 105. Beginning and end of observation 106. Collaboration with competent authorities 107. Invitation to observers 108. Categories of observers 109. Recognition and identification of observers 110. Compulsory use of identity cards and badges 111. Rights of observers 112. Obligations of observers 113. Position of diplomats 114. Separate and joint operation of observers PART XIOFFENCES AND PENALTY 115. Offences 116. Maintenance of secrecy 117. Impersonation 118. Offences under this Act arrestable offences 119. General penalty PART XIIMISCELLANEOUS 120. Preservation of the election documents 121. Failure to elect a member of the National Assembly or councillor 122. Regulations 123. Repeals and savings 10 of 2023G.N. 24/2023 An…

CHAPTER 55:02PENSION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application 4. Objectives 5. Application of the Financial Services Act 6. Inconsistencies with other laws PART IIFUNCTIONS AND POWERS OF THE REGISTRAR 7. Functions and powers of the Registrar PART IIINATIONAL PENSION SCHEME 8. National Pension Scheme PART IVTHE NATIONAL PENSION FUND 9. National Pension Fund PART VMANDATORY OCCUPATIONAL PENSION SCHEME 10. Obligations of the employer 11. Minister’s power to exempt 12. Minimum contribution rates 13. Employer to remit contributions promptly 14. Life insurance policy PART VIVOLUNTARY PENSION SCHEMES Division 1Membership to Voluntary Pension Scheme 15. Membership to voluntary pension scheme 16. Contributions to Voluntary Pension Scheme Division 2Voluntary Personal Pension Funds 17. Crediting contributions to a voluntary personal pension fund 18. Access to benefits from a voluntary personal pension fund Division 3Provident Funds 19. Employer may set up a provident fund 20. Access to benefits from a provident fund PART VIILICENSING AND REGISTRATION OF PENSION ENTITIES AND EMPLOYERS Division 1Licensing and Registration Requirements 21. Pension entities to be licensed or registered 22. Registration criteria for a pension fund, a provident fund or a personal pension fund 23. Licensing criteria for trustees of pension entities 24. Licensing criteria for trustees of pension funds or provident funds 25. Registration of employers and issuance of certificates of compliance Division 2Licensing and Registration Procedures 26. Licensing and registration procedures 27. Issuance and publication of a licence or registration certificate 28. Refusal of a licence or registration 29. Licensing or registration of pension business 30. Pension business to be conducted in approved premises 31. Notice of registration to Commissioner General 32. Effects of registration of a pension fund 33. Trustee to establish member account 34. Restriction on transfer etc., of licence 35. Variation, suspension and revocation of licences or registration on request 36. Variation, suspension and revocation of licences or registrations PART VIIIREQUIREMENTS FOR PENSION ENTITIES Division 1Corporate Governance 37. Board of directors or trustees 38. Appointment of executive officers and management 39. Removal of executive officers and managers 40. Internal audit function 41. Fit and proper requirements Division 2Principal officers, Trustees, Directors, Advisory Committees and Service Providers of Pension Funds and Provident Funds 42. A pension fund or provident fund to have a principal office 43. Appointment of a principal officer 44. Trustees, and directors to consent to appointment 45. Trustees of pension fund or provident fund 46. Equal representation rule 47. Advisory committees 48. Rules for appointment of member representatives 49. Appointment and removal of service providers Division 3Administrators, Pension Services Companies, Pension Brokers, Pension Advisors and Provider of Programmed Withdrawals 50. Requirements for other pension entities PART IXREQUIREMENTS FOR FUND RULES OF PENSION FUNDS AND PROVIDENT FUNDS 51. Pension fund and provident fund rules to be enforceable 52. Contributions to be paid to the pension fund or provident fund 53. Pension funds and provident funds to be trusts 54. Covenants for pension funds or provident funds 55. Consistency of covenants 56. Covenants bind directors of trustee 57. Damages for breach of covenants 58. Fund rules regarding indemnities, liability and advice 59. Directors of corporate trustee may be indemnified 60. Pension fund trustees not to be subject to direction 61. Pension benefits to be transferable 62. Portability of pension fund benefits 63. Trustee to accept payments in respect of a member 64. Transfer of benefits under provident fund and voluntary personal pension fund 65. Exercise of discretion in respect of pension funds 66. Restriction on requirement for approval of trustee’s decision by employer 67. Restrictions on amendments to fund rules PART XPRUDENTIAL AND OTHER REQUIREMENTS FOR THE OPERATION OF PENSION FUNDS AND PROVIDENT FUNDS 68. Directives 69. A pension fund or provident fund to maintain books of accounts 70. A pension fund or a provident fund to maintain a financially sound position 71. Significant adverse effects to be notified 72. Credit to member account 73. Debits to member accounts 74. Trustee to ensure that a defined benefit pension fund or hybrid pension fund is fully funded 75. Investment management agreements not to exclude liability for negligence 76. Provision of information in an investment management agreement 77. Fund assets to be invested at arm’s length 78. Restriction on employer assets 79. Financial assistance to pension fund members 80. Pension funds not to acquire assets from members or associates 81. Borrowing prohibited 82. Investments outside Malawi 83. Complaint resolution mechanisms for pension funds or provident funds PART XIAPPLICATION FOR MEMBERSHIP AND PROVISION OF INFORMATION TO FUND MEMBERS 84. Fund information and member information 85. Application for membership of unrestricted pension fund 86. Trustees to give information to fund members PART XIIPENSION AND OTHER BENEFITS Division 1Payment of Benefits 87. Conditions for payment of benefits 88. Early payment of benefits 89. Immediate vesting of contributions for pension funds 90. Programmed withdrawals,…

CHAPTER 30:07MALAWI SCHOOL OF GOVERNMENT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE MALAWI SCHOOL OF GOVERNMENT 3. Establishment of Malawi School of Government 4. Functions of the School 5. Powers of the School 6. Campuses of the School 7. Council of the School 8. Tenure of office 9. Vacancies 10. Functions and powers of the Council 11. Meetings of the Council 12. Personal attendance of meetings 13. Committees of the Council 14. Academic Board of the School 15. Disclosure of interest 16. Oath of secrecy 17. Allowances and expenses 18. Independence of the School 19. Protection from liability 20. Common seal PART IIIADMINISTRATION 21. Staff of the School 22. The Director General 23. Duties and responsibilities of the Director General 24. Removal of the Director General 25. Other staff of the School PART IVFINANCIAL PROVISIONS 26. Funds and property of the School 27. Accounting and audit PART VMISCELLANEOUS 28. Duty to cooperate 29. Offences and penalties 30. Periodic reports 31. Power to make regulations and amend Schedules PART VITRANSITIONAL PROVISIONS 32. Repeal and savings 33. Transfer of assets and liabilities 34. Transfer of employees 35. Transfer of budget estimates FIRST SCHEDULE SECOND SCHEDULE 33 of 2022 G.N. 42/2022 An Act to provide for the establishment of the Malawi School of Government through the merger of Malawi Institute of Management and Staff Development Institute; the conduct and management thereof; the establishment of the Academic Board of the School; the repeal of the Malawi Institute of Management Act; and matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi School of Government Act. 2. Interpretation In this Act, unless the context otherwise requires— “Academic Board” means the Academic Board of the School established under section 14; “campuses of the School” means the campuses of the School established under section 6; “Chairperson” means the Chairperson of the Council of the School appointed under section 7 ; “close relative” means a spouse, child, sibling, grand child or parent and includes a dependent and child of a sibling; “committee” means a committee of the Council of the School established under section 13; “Council” means the Council of the School established under section 7; “Director General” means the Director General of the School appointed under section 22; “former institutes” means the institutes known as the Malawi Institute of Management and the Staff Development Institute existing immediately before the commencement of this Act; “member” means a member of the Council of the School appointed under section 7; and “School” means the Malawi School of Government established under section 3. PART IITHE MALAWI SCHOOL OF GOVERNMENT 3. Establishment of Malawi School of Government (1) There is hereby established a School to be known as the Malawi School of Government (in this Act otherwise referred to as the “School”). (2) The School shall be under the general and special direction of the Council. 4. Functions of the School (1) The School shall develop and deliver human resource development programmes to build capacity for the public service and the private sector. (2) Notwithstanding the generality of subsection (1), the School shall— (a) provide training, consultancy, advisory and research services designed to— (i) inform public policy; (ii) promote national development; and (iii) promote patriotism, honesty, integrity, hard work, transparency and accountability, in the public service and the private sector; (b) promote continuous learning for persons employed in the public service and the private sector; (c) encourage pride and excellence in the public service and foster in managers and other public service employees, a sense of purpose, values and professional work ethic as stipulated in the Constitution and other relevant laws and policies; (d) facilitate the establishment of professional networks and think tanks to develop and nurture leadership in the public service and private sector; (e) develop linkages and collaboration with institutions of higher learning, professional organizations, private sector, schools of government, relevant stakeholders and other similar institutions across the world; (f) conduct mandatory induction, refresher and promotional courses, for persons employed in the public service; (g) conduct demand driven specialised training determined necessary for the delivery of the mandate of any Ministry, department or Government agency; (h) promote public awareness of issues related to public sector management, public administration and the role and functions of Government; and (i) monitor, evaluate and communicate, the impact of strengthened education and training programmes for national leadership and management. 5. Powers of the School (1) Subject to this Act, the School shall have power to— (a) admit persons as students of the School; (b) award or confer degrees, diplomas, certificates and other academic or professional qualifications; (c) award honorary degrees and accolades to individuals that have distinguished themselves by making significant contributions in various spheres of life; (d) offer affiliation status and associated…