Category: Principal Legislation

CHAPTER 3:05SHERIFFS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIAPPOINTMENT OF SHERIFF AND OTHER OFFICERS 3. Appointment of Sheriff, Under-Sheriff and Assistant Sheriffs 4. Sheriff, etc., to be officers of court and they and persons acting under their directions or authority deemed employed in public service 5. Delegation of duties PART IIIENFORCEMENT OF JUDGMENTS AND ORDERS AGAINST MOVABLE PROPERTY AND COMMITTALS, ETC. 6. Execution of judgments or orders for sum of money 7. Execution of orders for payment by instalments 8. Execution to be superseded on payment 9. Power to suspend execution 10. Execution of warrants of possession 11. Property which may be seized 12. Custody of property seized 13. Disposal of bills of exchange, etc., seized 14. Penalty for obstructing execution 15. Period to elapse before sale 16. Sales under execution to be published unless otherwise ordered 17. Delivery of movable property in possession of judgment debtor 18. Priority of warrants 19. Sales, the title obtained thereat and prohibition of certain purchases 20. Claims to property seized and interpleader by Sheriff 21. Claims for rent where property seized in execution 22. Surplus after sale, residue of property, etc. 23. Property subject to lien 24. Issue and execution of orders of committal PART IVENFORCEMENT OF JUDGMENTS AGAINST PRIVATE LAND NOT REGISTERED IN THE LANDS REGISTER 25. Application of Part 26. Judgment creditor to file affidavit 27. Memorandum of approval by Registrar 28. Registration in Deeds Registry Office 29. Effect of registration 30. Execution of judgments of subordinate courts against land 31. Satisfaction of judgment 32. Order for sale 33. Notice of application 34. Powers of High Court in regard to sale 35. Application for stay 36. Land to be sold by public auction 37. Movable property to be first proceeded against 38. Protection of officers 39. Appeal from Deeds Registrar or Registrar PART VENFORCEMENT OF JUDGMENTS AGAINST LAND REGISTERED IN THE LANDS REGISTER 40. Application of Part 41. Inhibition order against registered land, etc. 42. Order for sale of registered land, etc. 43. Application of sections 33, 34, 35 and 36 to sales, etc., under this Part PART VIMISCELLANEOUS 44. Indemnity of Sheriff, etc. 45. Appearances by Sheriff and costs against Sheriff 46. Sheriff’s powers of entry, search, etc. 47. Rules 48. Saving of existing forms, fees, etc. 49. Partly completed executions 50. Saving 38 of 196722 of 1988 An Act to make provision for the appointment of Sheriffs and other officers, to set out their respective powers and duties and the manner of the exercise thereof, and for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Sheriffs Act. 2. Interpretation In this Act, unless the context otherwise requires— 22 of 1988 “court” means the High Court and a subordinate court; “judgment debtor” means a person liable under a judgment; “process” means a formal written authority issued by a court for the enforcement of a judgment and includes a warrant of possession and any warrant or order of arrest, commitment or imprisonment; “Sheriff” includes the Sheriff of Malawi appointed under section 3 (1), any Deputy Sheriff, any Under-Sheriff and any Assistant Sheriff appointed under section 3 (2); 22 of 1988 “subordinate court” bears the meaning ascribed to that term by section 2 of the Courts Act; “warrant” includes writ. PART IIAPPOINTMENT OF SHERIFF AND OTHER OFFICERS 3. Appointment of Sheriff, Deputy Sheriff, Under-Sheriff and Assistant Sheriffs (1) The President may appoint a person to be Sheriff of Malawi. 22 of 1988 (2) The President may appoint one or more persons to be Deputy Sheriffs or to be Under-Sheriffs and as many persons as he deems necessary to be Assistant Sheriffs. (3) In the exercise of his powers and in the performance of his duties under this Act, a Deputy Sheriff, an Under-Sheriff and an Assistant Sheriff shall be subject to any general or special directions of the Sheriff. A Deputy Sheriff, an Under-Sheriff and an Assistant Sheriff shall have the same powers and protection as the Sheriff. (4) Unless and until other appointments are made to such offices under this section— (a) the Registrar of the High Court shall be the Sheriff; and (b) each District Commissioner shall be an Assistant Sheriff. 4. Sheriff, etc., to be officers of court and they and persons acting under their directions or authority deemed employed in public service (1) The Sheriff, a Deputy Sheriff, an Under-Sheriff and an Assistant Sheriff shall, in the performance of his duties in connection with any process, be an officer of the court by which such process was issued. 22 of 1988 (2) The Sheriff, a Deputy Sheriff, an Under-Sheriff, an Assistant Sheriff and any person acting under the directions or authority of any of them shall for the purposes of the Penal Code be deemed…

CHAPTER 4:07OATHS, AFFIRMATIONS AND DECLARATIONS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title PART IIOATHS AND AFFIRMATIONS 2. Persons by whom oaths and affirmations must be made 3. Authority to administer oaths and affirmations 4. Commissioners for oaths, etc. 5. Penalty for holding self out as commissioner for oaths without entitlement and suspension from practising 6. How oaths and affirmations may be administered 7. Effect of irregularities 8. Rules relating to duties of commissioners for oaths PART IIISTATUTORY DECLARATIONS 9. Statutory declarations PART IVMISCELLANEOUS 10. Jurat, etc. to state where and when oath, etc., taken 11. Savings First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule 45 of 1967G.N. 142/1976 An Act relating to Oaths, Affirmations and Declarations and Matters Incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Oaths, Affirmations and Declarations Act. PART IIOATHS AND AFFIRMATIONS 2. Persons by whom oaths and affirmations must be made (1) Oaths and affirmations shall be made for the purposes of judicial proceedings by— (a) all persons who may lawfully be examined, or give, or be required to give, evidence by or before any court or person having by law or consent of parties authority to examine such persons or receive evidence; (b) interpreters of questions put to and evidence given by such persons; (c) assessors. (2) Oaths and affirmations by interpreters and assessors shall be made in the same manner as that prescribed by section 6 in the case of witnesses. 3. Authority to administer oaths and affirmations (1) Courts and persons having by law or consent of parties authority to examine witnesses or receive evidence are authorized to administer by themselves or by an officer empowered by them in that behalf, oaths and affirmations in discharge of their duties, or in exercise of the powers imposed or conferred upon them respectively by law. (2) A commissioner for oaths may either in Malawi or beyond it administer any oath or affirmation or take any affidavit for the purpose of any judicial or other proceeding in Malawi. 4. Commissioners for oaths, etc. (1) The following persons shall be commissioners for oaths— (a) legal practitioners for the time being holding a licence to practice as such under the Legal Education and Legal Practitioners Act: (b) magistrates; (c) other public officers for the time being holding or acting in a public office of one of the following grades, that is to say, Professional Officer or Administrative Officer; (d) persons appointed commissioners for oaths under any other written law; and (e) such other persons as the Minister may by notice appoint to be commissioners for oaths. (2) No commissioner for oaths shall exercise any of his powers as such in any proceeding in which he or any partner or employee of his is acting for any party or in which he has a personal interest. (3) Commissioners for oaths shall be entitled to charge the fees set out in the First Schedule in respect of the several matters to which they are applicable: Provided that all such fees taken by a commissioner for oaths who is a public officer shall be forthwith paid by him into the Consolidated Fund. (4) The Chief Justice may by notice from time to time amend the First Schedule. 5. Penalty for holding self out as commissioner for oaths without entitlement and suspension from practising (1) Any person who shall hold himself out to be a commissioner for oaths or who shall receive any fee or reward as a commissioner for oaths, without being entitled to practise as such or perform duties as such, shall be liable to a fine of £100 and for a second or subsequent offence to a fine of £250 and to imprisonment for six months. (2) Any commissioner for oaths may be suspended from practising as such for such period as the Chief Justice may in his discretion think fit for any failure to perform his functions in the prescribed manner or for making any charge or demanding any payment for any act performed in his capacity as a commissioner for oaths in excess of that prescribed in the First Schedule. 6. How oaths and affirmations may be administered (1) Before giving evidence in a judicial proceeding, a witness shall make the oath or affirmation set out in the Second Schedule. The court, or a person authorized by law or by the court in that behalf, shall ask such witness if he believes in Almighty God and, if so, whether he agrees to make the oath. If he answers both questions affirmatively he shall be required by such court or person authorized, as the case may be, to make the oath holding his right hand uplifted. In all other cases he shall be required by the court or…

CHAPTER 8:01CRIMINAL PROCEDURE AND EVIDENCE CODE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Principle on which Code is to be applied 4. Finding, etc., not to be set aside merely because proceedings in wrong place 5. Finding, etc., not to be reversed, etc., on account of errors not occasioning failure of justice 6. Trial of offences under Penal Code and other laws PART IIPOWERS OF COURTS AND SPECIAL AREAS 7. Offences under Penal Code 8. Power of Chief Justice to order trial before High Court 9. Offences under laws other than Penal Code 10. Sentences and orders which High Court may pass 11. Power of certain courts to pass sentence of imprisonment for protection of public 12. Combination of sentences 13. General jurisdiction of subordinate courts 14. Sentences which subordinate courts may pass 15. Certain sentences to be confirmed on review by High Court before being given effect, etc. 16. Release on bail pending order of the High Court 17. Sentences in cases of conviction of several offences at one trial 18. Appointment of special areas 19. Magisterial powers to officers in charge of special areas PART IIIGENERAL PROVISIONS 20. Arrest, how made 20A. Information to be supplied on arrest 20B. Voluntary attendance at police station 20C. Arrest for further offence 20D. Additional rights of children and young persons on arrest 21. Search of place entered by person to be arrested 22. Powers to break open doors and windows for purposes of liberation 23. No unnecessary restraint 24. Search of arrested persons 24A. Entry and search after arrest 25. Power of police officer to search and detain aircraft, vessel or vehicle and persons in certain circumstances 26. Mode of search of women and men 27. Power to seize offensive weapons 28. Arrest by police officer without warrant 29. Arrest of vagabonds, habitual robbers, etc. 30. Procedure when police officer deputes subordinate to arrest without warrant 31. Refusal to give name and residence 32. Disposal of persons arrested by police officers 32A. Powers to release and caution by the police 33. Arrest by private person 34. Disposal of person arrested by private person 35. Detention of persons arrested without warrant 36. Police to report apprehensions 37. Offence committed in magistrate’s presence 38. Arrest by magistrate 39. Recapture of person escaping 40. Provisions of sections 21 and 22 to apply to arrests under section 39 41. Assistance to magistrate or police officer 42. Security for keeping the peace 43. Security for good behaviour from persons disseminating seditious matters, etc. 44. Security for good behaviour from vagrants and suspected persons 45. Security for good behaviour from habitual offenders 46. Order to be made 47. Procedure in respect of person present in court 48. Summons or warrant in case of person not so present 49. Copy of order under section 46 to accompany summons or warrant 50. Power to dispense with personal attendance 51. Inquiry as to truth of information 52. Order to give security 53. Conditions of bonds 54. Discharge of person informed against 55. Commencement of period for which security is required 56. Contents of bond 57. Power to reject sureties 58. Procedure on failure of person to give security 59. Power to release persons imprisoned for failure to give security 60. Power of High Court to cancel bond 61. Discharge of sureties 62. Police to prevent arrestable offences 63. Information of design to commit such offences 64. Arrest to prevent such offences 65. Prevention of injury to public property, etc. PART IVPROVISIONS RELATING TO ALL CRIMINAL PROCEEDINGS 66. General authority of courts of Malawi 67. Powers of High Court 68. Place and date of sessions of the High Court 69. Ordinary place of inquiry and trial 70. High Court to decide in cases of doubt 71. Court to be open and may be held on a Sunday 71A. Evidence of victims of sexual offences 72. Removal of person to another prison by warrant 73. Transfer of case to another subordinate court before inquiry or trial and transfer of trial to another subordinate court 74. Transfer to another magistrate after commencement of inquiry or trial 75. Power of High Court to change venue 76. Director of Public Prosecutions 77. Power to enter a discontinuance 78. Delegation of powers by Director of Public Prosecutions 79. Power to appoint public prosecutors 80. Powers of public prosecutors 81. Withdrawal from prosecution in trials before subordinate courts 82. Permission to conduct prosecution 83. Mode of instituting proceedings 84. Issue of summons or warrant 85. Form and contents of summons 86. Penalty for non-attendance of accused 87. Service of summons 88. Service when person summoned cannot be found 89. Procedure when service cannot be effected as before provided 90. Service on servant of Government 91. Service of summons on company, etc. 92.…

CHAPTER 14:08FIREARMS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Application of Act 3. Interpretation 4. Importation and exportation of firearms and ammunition 5. Dealing in firearms and ammunition 6. Dealer’s licences 7. Duty of dealer 8. Offences by dealers and penalties 9. Written permits authorizing the acquisition and transfer of firearms and ammunition; offences and penalties 10. Application for permits to acquire or transfer firearms or ammunition, etc. 11. Annual licence 12. Carrying and possession of firearms and ammunition 13. Matters to be reported 14. Inheritance 15. Finding a firearm or ammunition 16. Prohibited weapons 17. Carrying firearm while drunk or disorderly 18. Firearm or ammunition in container 19. Licence or permit to be produced on demand 20. Power to enter premises 21. Penalty for false statements 22. Powers of court 23. Power to make rules 24. Saving 43 of 196725 of 196835 of 197113 of 1974 An Act for regulating, licensing and controlling the manufacture, importation, transportation, dealing in and possession of firearms and ammunition and for matters connected therewith and incidental thereto 1. Short title This Act may be cited as the Firearms Act. 2. Application of Act Nothing in this Act shall apply to— (a) a person serving in or with the armed forces of Malawi or the police or any other person in the service of the Government acting in accordance with his duties as such; (b) pyrotechnics used or intended for use solely in firework displays; (c) any slaughtering instrument purchased by or in the possession of a person authorized by a local authority to conduct an abattoir or by a veterinary officer of the Government. 3. Interpretation In this Act, unless the context otherwise requires— “acquire” includes hire, accept as a gift or inheritance, borrow or otherwise obtain possession of; “ammunition” includes— (a) gunpowder, cartridges, percussion caps and any other material used or intended or adapted for use with a firearm as a means of projecting any missile or a noxious liquid, gas or other thing; (b) bullets or shots composed of any metal or substance used, intended or adapted for use as missiles; “annual licence” means an annual licence issued under section 11; “authorized officer” means a District Commissioner or a police officer of or above the rank of inspector; “automatic weapon” means a firearm, weapon or contrivance which is so designed or adapted that if pressure is applied to the trigger missiles continue to be discharged until the pressure is released or until the magazine containing missiles is empty; “firearm” includes any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or missile and any weapon or contrivance of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing, any component part of any such weapon or contrivance and any accessory to any such weapon or contrivance designed or adapted to diminish the noise or flash caused by the discharge thereof and a bomb, grenade and other like missile whether capable of use with such a weapon or not; “firearm permit” means a written permit to acquire or transfer a firearm or ammunition granted under section 10; “licensed dealer” means the holder of a valid licence granted under section 6; “prohibited weapon” means an automatic weapon, bomb, grenade or any other type of firearm which the Minister may, by order made under section 16, prescribe; “proper officer” means any class of public officer which the Minister may prescribe; “Registrar of Firearms” means the police officer nominated by the Commissioner of Police to carry out the functions of Registrar of Firearms; “slaughtering instrument” means a firearm which is specially designed or adapted for the instantaneous stunning of animals with a view to slaughtering them and which in every case is fitted with a captive bolt which remains attached to the instrument upon discharge; “transfer” includes let on hire, give, lend and part with possession of. 4. Importation and exportation of firearms and ammunition (1) No person shall import or export any firearm or ammunition save under and in accordance with the terms of an import or export permit as the case may be, issued by the Registrar of Firearms: Provided that this subsection shall not apply— (a) where a person entering Malawi in transit for a place outside Malawi does not leave the airport; (b) where any firearm or ammunition, other than a prohibited weapon, is imported for a personal use of the owner thereof and such firearm or ammunition immediately on importation is left in customs control until an import permit is obtained in respect of the importation thereof. (2) Any person who imports or exports or attempts to import or export any firearm…

CHAPTER 18:04REGIONAL AND DISTRICT BOUNDARIES AND PLACE NAMES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Division of Malawi into Regions and Districts 3. Power to amend First Schedule 4. Interpretation of laws 5. Alteration of place names, etc. First Schedule Second Schedule 42 of 1967G.N. 96/1968 201/19683/1970199/1970268/197088/1971109/197162/1972161/19737/19798/19799/2024 An Act to provide for the division of Malawi into Regions and Districts and for alterations to such divisions to provide for the conferring and altering of place names and for matters connected therewith 1. Short title This Act may be cited as the Regional and District Boundaries and Place Names Act. 2. Division of Malawi into Regions and Districts (1) Malawi shall be divided into the Regions referred to in the First Schedule, each of which shall be comprised respectively of the Districts as set out in the First Schedule. (2) Malawi shall be divided into the Districts specified in the First Schedule the boundaries of which shall be the boundaries appropriate to such Districts as set out in the First Schedule. First Schedule First Schedule 3. Power to amend First Schedule The President may, from time to time, as he thinks convenient or expedient for the purposes of administration, amend any or all of the divisions of Malawi provided for under section 2, varying the number of divisions, altering the boundaries and the names thereof or providing new names, and for this purpose may, by Order published in the Gazette, amend the First Schedule. First Schedule 4. Interpretation of laws First Schedule (1) References in any written law to a Region or District by a name specified in the First Schedule shall, unless a contrary intention appears, be read and construed as references to the Region or District, as the case may be, the boundaries of which are described in such First Schedule. First Schedule (2) Where the President by Order under section 3 alters the number of Regions or Districts, or alters the name or boundaries of a Region or District, every written law shall be read and construed with such modifications and with such alterations of names as may be necessary to give effect to the President’s Order. 5. Alteration of place names, etc. (1) The President may, from time to time, as he considers it convenient or expedient so to do, by Order published in the Gazette, confer a name on any Municipality, Township, village, lake, river, mountain, hill, valley, place, area or geographical feature or location which has no name, or may in like manner alter any name already conferred on the same, or by which the same may be known, and any such name conferred or substituted shall have effect for all purposes and all written laws. (2) Where the President, by Order under this section, alters or substitutes any name, every written law shall be read and construed with such modifications and with such alterations of names as may be necessary to give effect to the President’s Order. (3) The place names specified in the second column of the Second Schedule shall be deemed to have been substituted for the place names specified in the first column of the Second Schedule with effect from the dates respectively specified in the third column of the Second Schedule as though substituted by virtue of an Order or Orders made under subsection (1) for the purposes of subsection (2) and may be altered or amended in like manner as an Order made under subsection (1). Second Schedule Second Schedule Second Schedule s.2 FIRST SCHEDULE 1. The Northern Region comprising— G.N. 201/1968 161/1973 (a) Karonga District Commencing on the Malawi-Tanzania international boundary at the confluence of the Manolo River and the Songwe River; thence by the Manolo River upstream to its confluence with the Kasongwe Stream; thence by the Kasongwe Stream upstream to its source in the Nambatata Hills; thence in a straight line in a westerly direction to the source of the Nalupanga Stream; thence by the Nalupanga Stream downstream to its confluence with the Ndamutakwa River; thence in a straight line in a southerly direction through the continuation of the Nambatata Hills to the source of the Kanuwiri Stream; thence by the Kanuwiri Stream downstream to its confluence with the Makeye River; thence by the Makeye River downstream to its confluence with the Kavira Stream; thence by the Kavira Stream upstream to its source in the Mwakalomba Hills; thence in a straight line in a southeasterly direction for a distance of approximately 2 ½ miles to Ndelema Hill; thence in a straight line in a south-westerly direction for a distance of approximately 1 ¼ miles to the source of the Pinda Stream; thence by the Pinda Stream downstream to its confluence with the Lufira River; thence by the Lufira River upstream to its confluence with the…

CHAPTER 22:03CHIEFS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IICHIEFS 3. Offices of Paramount Chief, Senior Chief, Chief and Sub-Chief and areas of their jurisdiction 4. Appointments of the offices of Paramount Chief, Senior Chief, and Chief 5. Appointment of Sub-Chiefs 6. Functions of Paramount Chief 7. Functions of Chief 8. Functions of Sub-Chief 9. Appointment and functions of Group Village Headmen and Village Headmen 10. Acting appointments 11. Removal and suspension of persons holding the office of Paramount Chief, Senior Chief, Chief and Sub-Chief 12. Inquiries 13. Appointment of Chief’s Council 14. Appointment of advisers by Paramount Chiefs, Senior Chief, Chiefs and Sub-Chiefs 15. Exclusion of former Paramount Chiefs, Senior Chief, Chiefs or Sub-Chiefs from specified area 16. Emoluments and Pensions of Chiefs PART IIICHIEFS’ STAFF 17. Interpretation 18. Tax Clerks and Messengers 19. Functions of tax clerk 20. Functions and duties of Chief’s Messenger PART IVPRESERVATION OF ORDER 21. Preservation of public peace PART VGENERAL 22. Offences and penalties 23. Arrest without warrant 24. Emoluments and conditions of service of tax clerks and Chief’s Messengers 25. Unusual expenses of Paramount Chiefs, Chiefs and Sub-Chiefs 26. Payments under this Act 27. Saving Schedule 39 of 196739 of 19815 of 1999G.N. 36/1969135/1969145/1969167/1969173/196993/1970127/19707/197293/1972128/1973140/197357/1975111/1975112/197550/1979112/1981 An Act to make provision for the recognition, appointment and functions of Paramount Chiefs, Senior Chiefs, Chiefs, Sub-Chiefs, Councillors, Group Village Headmen and Village Headmen; and for certain aspects of District Administration and for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Chief’s Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Chief’’ means a person holding or acting in the office of Chief under this Act; ‘‘Chief’s Council’’ means a Council appointed under section 13; ‘‘Chief’s Messenger’’ means a Messenger appointed under section 18; ‘‘District Commissioner’’ in relation to a Chief or Messenger means the District Commissioner of the District in which such Chief or Messenger holds office; ‘‘Group Village Headman’’ means a person appointed to be a Group Village Headman under section 9 and holding office as such; ‘‘Section’’ means a portion of a District assigned or declared to be the area of jurisdiction of a Chief under this Act; ‘‘Sub-Chief’’ means a person holding or acting in the office of Sub- Chief under this Act; ‘‘village’’ means a collection of adjacent huts in which reside at least 30 male Malawians aged 18 years or over; ‘‘Village Headman’’ means a person appointed to be a Village Headman under section 9. PART IICHIEFS 39 of 1981 5 of 1999 3. Offices of Paramount Chief, Senior Chief, Chief and Sub-Chief and areas of their jurisdiction (1) There are hereby established the several offices of Paramount Chief, Senior Chief, Chief and Sub-Chief set out in the second, third and fourth columns respectively of the Schedule. (2) The areas of jurisdiction of the several offices of Paramount Chief, Senior Chief, Chief and Sub-Chief shall be the Districts, Sections of Districts and Sub-Sections of Districts specified in the first column of the Schedule opposite each such office. (3) The President may from time to time by Order declare or alter the boundaries of Sections and Sub-Sections and may create new offices of Paramount Chief, Senior Chief or Chief and assign to such offices such area of jurisdiction as he shall think proper and may, for those purposes, by such Order, amend the Schedule. (4) The certificate in writing of a District Commissioner of the situation of the boundary of any Section or Sub-Section in his District shall unless such certificate is inconsistent with an order made under subsection (3) be conclusive evidence for all purposes of the situation of such boundary. (5) No Paramount Chief, Senior Chief, Chief or Sub-Chief shall exercise jurisdiction within the area of a City, Municipality or Township except with the written approval of the appropriate Council established under the Local Government (Urban Areas) Act. 5 of 1999 4. Appointments to the office of Paramount Chief, Senior Chief and Chief (1) The President may by writing under his hand appoint to the office of Paramount Chief, Senior Chief or Chief such person as he shall recognize as being entitled to such office. (2) No person shall be recognized under this section unless the President is satisfied that such person— (a) is entitled to hold office under customary law; (b) has the support of the majority of the people in the area of jurisdiction of the office in question; and (c) in the case of the office of Senior Chief, is a chief and is recognized by all chiefs in his district as being entitled under customary law prevailing in that district to be appointed Senior Chief. (3) The appointment of any person to the office of Senior Chief under subsection…

CHAPTER 66:02CONTROL AND DISEASES OF ANIMALS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Diseased animals to be separated and notification made 4. Power of Minister and others to make orders and declarations regarding infected areas, diseases and animals 5. Provisions for infected areas 6. Power of Minister to prohibit import or export 7. Quarantine stations 8. Power of Minister to make rules 9. Slaughter 10. Disposal of carcasses 11. Indemnity and payment of compensation 12. Power to enter and examine 13. Power to detain vehicles and vessels 14. Detention and arrest 15. Obstruction 16. Seizure of animals, etc. 17. Forfeiture when offender not found and disposal of forfeited animals 18. Complaints as to dogs 19. Damages for injuries by dog 20. Presumption of age 21. Owner to produce dog for inspection 22. Penalties 41 of 196730 of 1969G.N. 242/1969143/1976 An Act to consolidate and amend the law relating to the control and diseases of animals 1. Short title This Act may be cited as the Control and Diseases of Animals Act. 2. Interpretation In this Act— “animal” means any bull, cow, ox, heifer, calf, sheep, goat, horse, mule, donkey, pig, domestic fowl and any game animal as defined in the definition of the expression “game” or “game animal” contained under the Game Act, any wild carnivore tamed and kept as a pet, guinea fowl, pigeon, pea-fowl, dog, cat and any other creature which the Minister has, by order under section 4, declared to be an animal for the purposes of this Act; “carcass” means the carcass of an animal and includes part of a carcass, and the meat, bones, hide, skin, hoofs, horns or other part of an animal separately or otherwise or any portion thereof; “disease” means anthrax, atrophic rhinitis of pigs, bovine and caprine pleuropneumonia, clostridial infections (including blackquarter), East Coast fever, epidemic tremor of chickens, foot and mouth disease, glanders and farcy, infectious cervico-vaginitis and epididymitis, lumpy skin disease, lymphangitis, mange, Newcastle disease of poultry, rabies, rinderpest, senkobo skin disease, sheep pox, swine erysipelas, swine fever, trypanosomiasis and tuberculosis and any other disease which the Minister has, by notice under section 4, declared to be a disease for the purposes of this Act; “dog” means any quadruped of the species canis familiaris; “infected area” means an area declared to be an infected area by an order made under section 4, in respect of which no declaration has been so made that the area is free from disease; “inspector” means any Professional Officer, Technical Officer or Technical Assistant employed by the Department of Veterinary Services of the Government of Malawi; “owner” in relation to a dog or other animal means any person in whose custody, possession or charge it is, also any person in whose house or premises it is kept or found unless such last-mentioned person shall prove that it does not belong to him and is not in his custody, possession or charge; “veterinary officer” means an officer in the service of the Government who is a veterinary surgeon. 3. Diseased animals to be separated and notification made (1) Every person having in his possession or charge an animal affected or suspected of being affected with disease shall— (a) keep such animal separate from animals not so affected or suspected, and cause the animal affected or suspected to be tied up, or put in an enclosed place; and (b) forthwith give notice of the fact of the animal being affected or suspected to the nearest inspector or police officer. (2) Any police officer so notified shall forthwith notify the nearest inspector, who shall give such directions and take such steps as may be necessary for the purpose of ascertaining the existence and nature of the disease, and on being satisfied that such disease exists he shall forthwith report the disease to the Chief Veterinary Officer. 4. Power of Minister and others to make orders and declarations regarding infected areas, diseases and animals (1) The Minister, the Chief Veterinary Officer, or any person duly authorized in writing by either of them, may at any time, by order made under his hand— (a) declare any area within Malawi to be an infected area as regards any disease named in such order; (b) extend, diminish or otherwise alter the limits of an infected area; (c) declare an infected area to be free from disease; (d) for the purpose of preventing disease, prohibit the removal of animals, or of any carcass, litter, dung or fodder from any area described in such order. Any such order made shall take effect immediately upon the signing thereof and shall as soon as practicable thereafter be published in the Gazette. (2) The Minister may by notice declare any disease of animals to be a disease for the purposes of this Act.…

CHAPTER 5:01STATUTE LAW (MISCELLANEOUS PROVISIONS) ARRANGEMENT OF SECTIONS SECTION 1. Short title PART IFATAL ACCIDENTS 2. Interpretation 3. Action maintainable against person causing death through wrongful act 4. Action to be for benefit of family of deceased 5. Payment into court 6. Funeral expenses may be awarded by way of damages in certain cases 7. Action by persons beneficially interested 8. Plaintiff to deliver full particulars of the persons for whom damages claimed 9. In the event of death, action maintainable against estate PART IISURVIVAL OF CAUSES OF ACTION 10. Effect of death on certain causes of action PART IIIJOINT TORTFEASORS 11. Proceedings against, and contribution between, joint and several tortfeasors PART IVCONTRIBUTORY NEGLIGENCE 12. Apportionment of liability in case of contributory negligence 13. Provisions as to workmen and employers 14. Application of this Part PART VABOLITION OF THE DOCTRINE OF COMMON EMPLOYMENT 15. Common employment PART VIMANDAMUS, PROHIBITION, CERTIORARI AND HABEAS CORPUS 16. Abolition of prerogative writs and substitution of orders or directions 17. Rules of court PART VIIEXECUTION OF INSTRUMENTS BY CORPORATIONS 18. Execution of instruments by or on behalf of corporations PART VIIIFRUSTRATED CONTRACTS 19. Adjustment of rights and liabilities of parties to frustrated contracts 20. Provision as to application of this Part PART IXAPPORTIONMENT 21. Rents and other periodical payments to accrue from day to day and be apportionable PART XAPPLICATION TO THE GOVERNMENT 22. Act to bind the Government 27 of 19679 of 1977 An Act to consolidate, replace and amend certain statutory provisions relating to Compensation in cases of fatal Accident, survival of causes of action, tortfeasors, contributory negligence, common employment, prerogative writs, execution of instruments by corporations, frustrated contracts, apportionment and matters connected therewith 1. Short title This Act may be cited as the Statute Law (Miscellaneous Provisions) Act. PART IFatal Accidents 2. Interpretation (1) In this Part, except where the context otherwise requires— “child” means a son, a daughter, a grandson, a granddaughter, a stepson and a stepdaughter; “parent” means a father, a mother, a grandfather, a grandmother, a stepfather and a stepmother. (2) For the purposes of this section, a person shall be deemed to be the child or parent of the deceased person notwithstanding that he was only related to him illegitimately or in consequence of adoption; and accordingly in deducing any relationship which under this section is included within the meaning of the expression “child” and “parent”, any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate offspring of his mother and reputed father or, as the case may be, of his adopters. (3) In this section, “adopted person” means a person who has been adopted under any written or customary law for the time being in force in the country in which such adoption took place. 3. Action maintaiable against person causing death through wrongful act Whenever the death of a person is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony. 4. Action to be for benefit of family of deceased (1) Every action brought by virtue of this Part shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused, and shall, subject to section 7, be brought by and in the name of the executor or administrator of the person deceased; and in every such action, the court may award such damages as it may think proportioned to the injury resulting from such death to the persons respectively for whom and for whose benefit such action is brought; and the amount so recovered after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned persons in such shares as the court, by its judgment, shall find and direct: Provided that not more than one action shall lie for and in respect of the same subject-matter of complaint, and that every such action shall be commenced within three years after the death of such deceased person. (2) In assessing damages, under subsection (1), the court shall not take into account— (a) any sum paid or payable on the death of the deceased under any contract of assurance or insurance, whether made before or after the passing of this Act; (b) any widows’ or orphans’ pension or allowance payable or any sum payable under any…

CHAPTER 5:02TRUSTEE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation and trust corporation 3. Application of Act PART IIINVESTMENT 4. Powers of investment of trustees 5. Restrictions on wider range investment 6. How proper advice to be obtained and given and responsibility of trust corporation for advice 7. Relationship between Act and other powers of investment 8. Duty of trustees in choosing and retaining investments 9. Purchase at a premium of redeemable stocks; change of character of investment 10. Discretion of trustees 11. Power to retain investment which has ceased to be authorized 12. Enlargement of powers of investment 13. Investment in bearer securities 14. Loans and investments by trustees not chargeable as breaches of trust 15. Liability for loss by reason of improper investment 16. Powers supplementary to powers of trustees 17. Power to deposit money at bank and to pay calls 18. Trust property and trust funds 19. Saving for powers of Court 20. Powers of Minister to amend Schedule PART IIIGENERAL POWERS OF TRUSTEES AND PERSONAL REPRESENTATIVES General Powers 21. Power of trustees for sale to sell by auction, etc. 22. Power to sell subject to depreciatory conditions 23. Power of trustees to give receipts 24. Power to compound liabilities 25. Power to raise money by sale, mortgage, etc. 26. Protection to purchaser and morgagees dealing with trustees 27. Devolution of powers or trusts 28. Power to insure 29. Application of insurance money where policy kept up under any trust, power or obligation 30. Deposit of documents for safe custody 31. Reversionary interests, valuations and audit 32. Power to employ agents 33. Power to concur with others 34. Power to delegate trusts during absence abroad 35. Power for trust corporations to act jointly as trustees and hold property as joint tenants Indemnities 36. Protection against liability in respect of rents and convenants 37. Protection by means of advertisements 38. Protection in regard to notice 39. Exoneration of trustees in respect of certain powers of attorney 40. Implied indemnity of trustees Maintenance, Advancement and Protective Trusts 41. Power to apply income for maintenance and to accumulate surplus income during a minority 42. Power of advancement 43. Protective trusts PART IVAPPOINTMENT AND DISCHARGE OF TRUSTEES 44. Limitation of the number of trustees 45. Appointments of trustees of settlements and dispositions on trust for sale of land 46. Power of appointing new or additional trustees 47. Supplemental provisions as to appointment of trustees 48. Evidence as to a vacancy in a trust 49. Retirement of trustee without a new appointment 50. Vesting of trust property in new or continuing trustees PART VPOWERS OF THE COURT Appointment of new Trustees 51. Power of Court to appoint new trustees 52. Power to authorize remuneration 53. Powers of new trustee appointed by the Court Vesting Orders 54. Vesting orders of land 55. Orders as to contingent rights of unborn persons 56. Vesting order in place of conveyance by minor mortgagee 57. Vesting order consequential on order for sale or mortgage of land 58. Vesting order consequential on judgment for specific performance, etc. 59. Effect of vesting order 60. Power to appoint person to convey 61. Vesting orders as to stock and things in action 62. Vesting orders of charity property 63. Vesting orders in relation to minor’s beneficial interests 64. Orders made upon certain allegations to be conclusive evidence Jurisdiction to make other Orders 65. Power of Court to authorize dealings with trust property 66. Persons entitled to apply for orders 67. Power to give judgment in absence of a trustee 68. Power to charge costs on trust estate 69. Power to relieve trustee from personal liability 70. Power to make beneficiary indemnify for breach of trust 71. Power to vary trusts Payment into Court 72. Payment into Court by trustees PART VIGENERAL PROVISIONS 73. Application of Act to Settled Land Act trustees 74. Trust estates not affected by trustee becoming subject to forfeiture 75. Indemnity to banks, etc. 76. Rules of court 77. Act binding on Government 78. Saving and consequential provision Schedule 24 of 1967G.N. 115/1990 An Act relating to Trusts and Trustees PART IPRELIMINARY 1. Short title This Act may be cited as the Trustee Act. 2. Interpretation and trust corporation (1) In this Act except where the context otherwise requires— “authorized investments” means investments authorized by the instrument, if any, creating the trust for the investment of money subject to the trust, or by law; “bank” means a commercial bank registered under the Banking Act; 53 and 54 Vict. c. 69 “capital money” has the meaning assigned to that expression in the Settled Land Acts, 1882 to 1890, of the United Kingdom; “contingent right” as applied to land includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift…

CHAPTER 6:03ARBITRATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIGENERAL PROVISIONS Effect of Arbitration Agreements, etc. 3. Authority of arbitrators and umpires to be irrevocable 4. Death of party 5. Bankruptcy 6. Staying court proceedings where there is submission to arbitration 7. Reference of interpleader issues to arbitration Arbitrators and Umpires 8. Appointment of arbitrator or umpire 9. Power of parties in certain cases to supply vacancy 10. Umpires 11. Agreements for reference to three arbitrators 12. Power of Court in certain cases to appoint an arbitrator or umpire Conduct of Proceedings, Witnesses, etc. 13. Conduct of proceedings, witnesses, etc. Provisions as to Awards 14. Time for making award 15. Interim awards 16. Specific performance 17. Awards to be final 18. Power to correct slips Provisions as to AwardsCosts, Fees and Interest 19. Costs 20. Taxation of arbitrator’s or umpire’s fees 21. Interest on awards 22. Statement of case 23. Power to remit award 24. Removal of arbitrator and setting aside of award 25. Power of court to give relief where arbitrator is not impartial or the dispute involves question of fraud 26. Power of court where arbitrator is removed or authority of arbitrator is revoked Enforcement of Award 27. Enforcement of award Provisions as to Awards Miscellaneous 28. Power of court to extend time for commencing arbitration proceedings 29. Terms as to costs, etc. 30. Power of Chief Justice to make rules 31. Government to be bound 32. Forms 33. Application of Part II to statutory arbitrations 34. Operation of Part II 35. Application of this Act to arbitration under certain contracts PART IIIENFORCEMENT OF CERTAIN FOREIGN AWARDS 36. Awards to which Part III applies 37. Effect of foreign awards 38. Conditions for enforcement of foreign awards 39. Evidence 40. Meaning of “final award” 41. Saving for other rights, etc. FIRST SCHEDULEFORMSSECOND SCHEDULEPROTOCOLTHIRD SCHEDULECONVENTION 26 of 1967 An Act Relating to Arbitration PART IPRELIMINARY 1. Short title This Act may be cited as the Arbitration Act. 2. Interpretation In this Act, unless there is anything repugnant in the subject or context— “arbitration agreement” means a written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not; and “the Court” means the High Court. PART IIGENERAL PROVISIONS Effect of Arbitration Agreements, etc. 3. Authority of arbitrators and umpires to be irrevocable The authority of an arbitrator or umpire appointed by or by virtue of an arbitration agreement shall, unless a contrary intention is expressed in the agreement, be irrevocable except by leave of the Court. 4. Death of party (1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such an event be enforceable by or against the personal representative of the deceased. (2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed. (3) Nothing in this section shall be taken to affect the operation of any written law or rule of law by virtue of which any right of action is extinguished by the death of a person. 5. Bankruptcy (1) Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising thereout or in connection therewith shall be referred to arbitration, the said term shall, if the trustee in bankruptcy adopts the contract, be enforceable by or against him so far as relates to any such differences. (2) Where a person who has been adjudged bankrupt had, before the commencement of the bankruptcy, become a party to an arbitration agreement, and any matter to which the agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings, then, if the case is one to which subsection (1) does not apply, any other party to the agreement or, with the consent of the committee of inspection, the trustee in bankruptcy, may apply to the Court for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and the Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly. 6. Staying court proceedings where there is submission to arbitration (1) If any party to an arbitration agreement, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the agreement, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to those legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other…