Category: Principal Legislation

CHAPTER 10:01ADMINISTRATOR GENERAL ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Incorporation of Administrator General 3. Appointment of Administrator General 4. District Commissioner to act as agent of Administrator General 5. Administrator General or his agents not liable for acts done in performance of their duties 6. Protection of certain property 7. Cases in which Administrator General may apply for administration 8. Administrator General may be appointed executor 9. Notice of application 10. Grant to Administrator General may be revoked and grant made to other person 11. Administrator General to make inventory and keep accounts 12. Court may appoint persons to receive minor’s share 13. Unclaimed and small balances 14. Liability of the Government 15. Fees of Administrator General 16. Minister may make Rules 30 of 196730 of 1994 An Act to incorporate the Administrator General and to provide for the Official Administration of the Estates of deceased persons and other Trusts and for matters incidental thereto 1. Short title This Act may be cited as the Administrator General Act. 2. Incorporation of Administrator General (1) There shall be appointed in the public service an officer to be designated as Administrator General and such other officers subordinate to him may be required to carry out the functions and duties of the Administrator General. 30 of 1994 (2) The Administrator General and his successors in office shall be a body corporate under the name of Administrator General (hereinafter in this section referred to as “the Corporation”). (3) The Corporation may sue and be sued in its own name and shall have perpetual succession and a common seal: Provided that until such time as a common seal for the Corporation can be provided the Corporation may use such seal or stamp as may be approved by the Minister. (4) The Corporation may acquire, hold and enjoy property of every description and may convey, assign, mortgage, charge, devise or otherwise dispose of or deal with any property vested in the Corporation upon such terms as to the Corporation seems fit, and may do all such other acts and things as bodies corporate may lawfully do, including acting as a trust corporation, and as guardian ad litem or next friend of any person under a disability. (5) The seal of the Corporation may be affixed to any document on the authority of the officer for the time being discharging the duties of the office of Administrator General who shall sign every document to which the seal is affixed and such signature shall be sufficient evidence that the seal was duly and properly affixed. (6) A notice published in the Gazette of the appointment of any person to hold or act in the office of Administrator General shall be conclusive evidence that such person was duly so appointed. 3. 4. District Commissioner to act as agent of Administrator General Every District Commissioner shall, at the request of the Administrator General, act as his agent for the purposes of this Act: Provided that nothing herein contained shall affect the Administrator General’s power to appoint such other agents as he thinks fit. 5. Administrator General or his agents not liable for acts done in performance of their duties Neither the Administrator General nor any of his agents shall be personally liable to any person in respect of goods or chattels in the possession at the time of his death of any person whose estate shall be administered by the Administrator General which shall be sold by the Administrator General or such agents unless the Administrator General or agent shall know or have actual notice before the sale that such goods or chattels were not in fact the property of the person whose estate is being administered by him, and generally neither the Administrator General nor any agent shall be liable for any act done by him bona fide in the supposed and the intended performance of his duties unless it shall be shown that such act was done not only illegally, but willfully or with gross negligence: Provided always that in case of any sale by the Administrator General or any agent of goods or chattels belonging in fact to any third person the amount realized by such sale shall be paid over to the owner upon proof by him of such ownership unless the same shall have already been applied in payment of the debts of the deceased or shall have been distributed in the ordinary course of administration whilst the Administrator General or agent was in ignorance and without actual notice of the claim of such person to the goods or chattels sold. 6. Protection of certain property (1) Where any person has died and— (a) it is not known to the District Commissioner of the District in which he died that he has left…

CHAPTER 4:06AUTHENTICATION OF DOCUMENTS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIEFFECT OF AUTHENTICATION 3. Effect of authentication PART IIIDOCUMENTS SIGNED IN MALAWI AND INTENDED FOR USE IN MALAWI 4. Authentication of documents in Malawi 5. Use of seal or stamp 6. Official documents PART IVDOCUMENTS EMANATING IN MALAWI AND INTENDED FOR USE OUTSIDE MALAWI 7. Competent authorities 8. Method of authentication PART VDOCUMENTS EMANATING OUTSIDE MALAWI AND INTENDED FOR USE INSIDE MALAWI 9. Certain affidavits 10. Certain official documents 11. Documents from the Commonwealth 12. Public documents from Convention countries 13. Other documents 14. Translations PART VIGENERAL 15. More than one mode of authentication 16. Documents executed by persons on active service Schedules 50 of 1966 An Act providing for the Authentication of Documents for use both in and outside Malawi and for Matters Connected therewith PART 1PRELIMINARY 1. Short title This Act may be cited as the Authentication of Documents Act. 2. Interpretation In this Act, unless the context otherwise requires— “authenticate” in relation to a document means to certify the authenticity of the signature thereon, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which the document bears; “competent authority” means a person for the time being performing the duties of one of the offices designated in section 7; “Convention” means the Convention abolishing the Requirement of Legalisation for Foreign Public Documents made at the Hague and dated the 5th day of October, 1961; “document” includes a book, record, deed, power of attorney, affidavit, certificate, contract, plan, map, drawing, writing and any other method of conveying information in visible form; “legalisation” means the formality by which the diplomatic or consular agent of the country in which a document is to be produced certifies the authenticity of the signature, the capacity in which the person signing the document has acted and where appropriate, the identity of the seal or stamp which it bears; “public document” means— (a) a document emanating from an authority or an official connected with the courts or tribunals of any State being a party to the Convention, including those emanating from a public prosecutor, a clerk or registrar of a Court, a sheriff or a process server; (b) an administrative document not hereinafter excluded; (c) a notarial act; (d) an official certificate which is placed on a document signed by a person in his private capacity, such as an official certificate recording the registration of a document, or the fact that it was in existence on a certain date, and an official or notarial authentication of a signature, but does not include— (e) a document executed by a diplomatic or consular agent; (f) an administrative document dealing directly with a commercial or customs operation; “signature”, in relation to a document, includes execution of the document by any other lawful means. PART IIEFFECT OF AUTHENTICATION 3. Effect of Authentication (1) This section shall apply in all criminal and civil proceedings in any court in Malawi and to the acceptance of documents by the officer in charge of any public office in Malawi. (2) A certificate which purports to be signed, sealed or stamped by an officer whose certificate is declared by this Act to be sufficient authentication of a document may, if duly stamped under the Stamps Act, be accepted in evidence without proof of the signature, seal or stamp of such officer, and when accepted shall be presumed to be signed, sealed, or stamped by such officer. (3) The certificate of such officer shall be prima facie evidence of the facts therein certified or attested. (4) Nothing in this Act shall prevent the acceptance by any court or officer in charge of a public office of other evidence that a document was in fact signed by the person by whom it purports to have been signed or as to the capacity in which the person signing acted. PART IIIDOCUMENTS SIGNED IN MALAWI AND INTENDED FOR USE IN MALAWI 4. Authentication of documents in Malawi (1) Upon payment of any stamp duty payable, an administrative officer may attest the signature on any document subject to the following conditions— (a) if the document is signed by an individual, upon condition that such individual is personally known to him or is identified to him by two respectable and responsible persons both of whom are known to him; (b) if the document is signed by or on behalf of any individual, company or association or body of persons, corporate or unincorporate, upon condition that the person signing the document is personally known to him or is identified to him as provided in paragraph (a) and he is satisfied as to the capacity and authority of the person signing the document to…

CHAPTER 12:03GENEVA CONVENTIONS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Ratification 4. Grave breach of Conventions 5. Notice of trial of protected persons 6. Legal representation of certain persons 7. Appeal by protected persons 8. Reduction of sentence and custody of protected persons Schedules 18 of 1967 An Act to enable effect to be given to certain International Conventions done at Geneva on the Twelfth Day of August, one thousand nine hundred and forty-nine and for purposes connected therewith 1. Short title This Act may be cited as the Geneva Conventions Act. 2. Interpretation In this Act, unless the context otherwise requires— “Conventions” means the Conventions set out in the Schedules; “court” does not include a court-martial; “legal practitioner” means a person entitled to practise as a legal practitioner in Malawi under the Legal Education and Legal Practitioners Act; “prisoner’s representative” means, in relation to a protected prisoner of war at a particular time, the person by whom the functions of a prisoner’s representative within the meaning of Article 79 of the Convention set out in the Third Schedule were exercisable in relation to that prisoner at the camp or place at which the prisoner was, at or last before that time, detained as a protected prisoner of war; “protected internee” means a person protected by the Convention set out in the Fourth Schedule and interned in Malawi; “protected prisoner of war” means a person protected by the Convention set out in the Third Schedule; “protecting power” means, in relation to a protected prisoner of war or a protected internee, the power or organization which is carrying out, in the interests of the power of which he is a national, or of whose forces he is, or was at any material time, a member, the duties assigned to the protecting power under the Convention set out in the Third Schedule or, as the case may be, in the Fourth Schedule. 3. Ratification The accession of the Government to the Conventions is hereby approved and ratified. 4. Grave breach of Conventions (1) Any person, whatever his nationality, who, whether within or without Malawi commits or aids, abets or procures the commission by any other person of any such grave breach of any of the Conventions as is referred to in the following articles respectively of those Conventions, that is to say— (a) Article 50 of the Convention set out in the First Schedule; (b) Article 51 of the Convention set out in the Second Schedule; (c) Article 130 of the Convention set out in the Third Schedule; (d) Article 147 of the Convention set out in the Fourth Schedule, shall, without prejudice to his liability under any other written law, be guilty of an offence and— (i) in the case of a grave breach causing or resulting in or contributing to the death of the person protected by the Convention in question, shall be liable to imprisonment for life; (ii) in the case of any other grave breach, shall be liable to imprisonment for fourteen years. (2) Where an offence under this section is committed without Malawi a person may be proceeded against, tried and punished therefor in any place in Malawi as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place. (3) Proceedings for an offence under this section shall not be instituted except by or on behalf of the Director of Public Prosecutions. (4) Where in any proceedings under this section in respect of a grave breach of any of the Conventions any question arises under Article 2 of that Convention, that question shall be determined by the Minister, and a certificate purporting to set out such determination and to be signed by or on behalf of the Minister shall be received in evidence and be deemed to be so signed without further proof, unless the contrary is shown. (5) Any written law relating to the trial by court-martial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of courts-martial convened in Malawi as if this section had not been passed. 5. Notice of trial of protected persons (1) The court before which— (a) a protected prisoner of war is brought up for trial for an offence; or (b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of two years or more, shall not proceed with the trial unless it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2) so far as they are known…

CHAPTER 70:03NATIONAL AIRLINE ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Operation of national airline of Malawi 4. Appointment of Commissioner 5. Regulations 23 of 1967G.N. 66/1985 An Act to provide for the Dissolution of the Central African Airways Corporation, the Replacement of the Higher Authority and the operation of Air Malawi as the National Airline of Malawi 1. Short title This Act may be cited as the National Airline Act. 2. Interpretation G.N. 273/1963] In this Act, unless the context otherwise requires— “Air Malawi” means Air Malawi Limited, a company incorporated in Malawi under the Companies Act; “the Corporation” means the Central African Airways Corporation established under Part IV of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963*Part IV Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963 (G.N.273/1963) has been revoked as respects Malawi. (See regulation 3 on page 3 and G.N. 66/85.). “the Higher Authority” means the Higher Authority for Civil Air Transport constituted by the said Order in Council. 3. Operation of national airline of Malawi (1) The Minister shall take such steps, including the transfer to it of any assets and liabilities of the Corporation, as may be necessary to enable Air Malawi to operate as the national airline of Malawi independently of the Corporation. (2) The Minister shall, by notice published in the Gazette, appoint a date on which Air Malawi shall commence to operate independently of the Corporation. 4. Appointment of Commissioner (1) The Minister shall appoint a Commissioner, who shall hold office for such period and on such terms and conditions as the Minister thinks fit. (2) The functions of the Commissioner shall be— (a) to carry out the functions of the Minister as a member of the Higher Authority or such body as is agreed between Malawi, Zambia and Southern Rhodesia will replace the Higher Authority; *Part IV Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963 (G.N. 273/1963) has been revoked as respects Malawi. (See regulation 3 on page 3 and G.N. 66/85.) (b) to represent the interest of Malawi at any meetings held in connexion with the dissolution of the Corporation; and (c) such other functions as the Minister may from time to time direct. (3) In carrying out his functions under this section the Commissioner shall be subject to any special or general directions of the Minister. 5. Regulations The Minister may make regulations for the better carrying out of the purposes and provisions of this Act, and without prejudice to the generality of the foregoing such regulations may provide for— (a) the amendment of all or any of the provisions of the Central African Civil Air Transport Ordinance, the Air Services Act and the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963; (b) the use by Air Malawi of all or any of the assets of the Corporation in Malawi; (c) the orderly transfer of the assets and liabilities of the Corporation to Air Malawi, and the corresponding authorities established in Zambia and Southern Rhodesia; (d) in connexion with the transfer of assets and liabilities to Air Malawi— (i) exemption from any stamp duty, fee of office or other charge; (ii) endorsement by the Deeds Registrar on the title deeds of any immoveable property so transferred and in his register; (iii) the substitution of Air Malawi for the Corporation in relation to any bond, charge, agreement, contract or other instrument; (e) the enforcement against or in favour of Air Malawi of— (i) any bond, charge, agreement, contract or other instrument against or in favour of the Corporation; (ii) any right of action or proceedings by or against the Corporation; (f) the transfer of any of the functions conferred on the Corporation or the Higher Authority by the laws referred to in paragraph (a), to any other person.

CHAPTER 4:03EVIDENCE BY COMMISSIONS ARRANGEMENT OF SECTIONS SECTION 1. Short title PART IEVIDENCE BY COMMISSIONS OUTSIDE MALAWI 2. Evidence in civil proceedings 3. Evidence in criminal proceedings 4. Effect of evidence taken on commission PART IIEVIDENCE BY COMMISSIONS WITHIN MALAWI 5. Examination of witnesses in matters before foreign courts or tribunals 6. Certificate of diplomatic representative 7. Examination on oath 8. Expenses of witness 9. Refusal to answer questions, etc. 10. Courts and judges having authority under this Part 11. Persons giving false evidence 12. Countries to which this Part applies PART IIILAW ASCERTAINMENT 13. Ascertainment of law outside Malawi 14. Certified copies of opinion 15. Application of opinion PART IVMISCELLANEOUS 16. Proof of acts of state 17. Rules 16 of 19679 of 1977 An Act to provide for the taking of evidence within or without Malawi in relation to proceedings pending before courts within or without Malawi, for the ascertainment of foreign laws, and for other purposes connected therewith 1. Short title This Act may be cited as the Evidence by Commissions Act. PART IEvidence by Commissions Outside Malawi 2. Evidence in civil proceedings Where in any civil proceedings in any court in Malawi, an order for the examination of any witness has been made and a commission, order or other request for the examination of such witness has been addressed to any court of competent jurisdiction outside Malawi, such latter court or the chief judge thereof may nominate some fit person to take the examination, and any deposition or examination taken before an examiner so nominated shall be admissible in evidence to the same extent as if it had been taken by or before the court to which the commission, order or request was addressed. 3. Evidence in criminal proceedings Where in any criminal proceedings in Malawi an order for the examination of any witness, who is to be found outside the jurisdiction of the Malawi courts, has been made, and a commission, order or other request for the examination of such witness has been addressed to a court of competent jurisdiction in the country in which such witness is to be found, such court or the chief judge thereof may nominate any judge or magistrate or other judicial officer within the jurisdiction of such court to take the examination of such witness and any deposition or examination so taken shall be admissible in evidence to the same extent as if it had been taken by or before the court to which the said commission, order or other request was addressed. 9 of 1977 4. Effect of evidence taken on commission Whenever, in pursuance of sections 2 and 3 any person is examined outside Malawi, such person may be examined on oath, affirmation or otherwise in accordance with the law in force in the place where the examination is taken, and any deposition or examination so taken shall be as effectual for all purposes as if the witness had been so examined before the court in Malawi ordering the examination. PART IIEVIDENCE BY COMMISSIONS WITHIN MALAWI 5. Examination of witnesses in matters before foreign courts or tribunals (1) Whenever, upon application being made for this purpose, it appears to a court or a judge having authority under this Act, that any court or tribunal of competent jurisdiction of any country to which this Part applies before which any civil or commercial matter is pending, is desirous of obtaining the testimony, in relation to such matter, of any witness within Malawi such court or judge having authority under this Act may order the examination of such witness upon oath or affirmation, upon interrogatories or otherwise before any person named in such order, and by the same or subsequent order may command the attendance of any person named in such order for the purpose of being examined or the production of any document specified in such order. (2) Any order made under subsection (1) may give such directions as to the time, place and manner of the examination and all matters connected therewith as may appear reasonable and just, and any such order may be enforced in like manner as an order made in a cause pending in the court or before the judge concerned. 6. Certificate of diplomatic representative (1) A certificate under the hand of a diplomatic representative of the country concerned that any matter in relation to which an application is made under this Part is a civil or commercial matter pending before a court or tribunal in the country of which he is the diplomatic representative and that such court or tribunal is desirous of obtaining the testimony of the witness to whom the application relates shall be evidence of the matters so certified. (2) Where no certificate is produced under the preceding subsection other evidence…

CHAPTER 18:03PROTECTED FLAG, EMBLEMS AND NAMES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. The Public Seal 4. Mutilation, defacing; etc. of protected emblems 5. Prohibition of improper use of emblems, colours, etc. 6. Restriction on use of protected names 7. Power of seizure 8. Power to revoke, etc. 9. Regulations 10. Sanction to prosecute 11. Minister may amend Second Schedule First Schedule Second Schedule 10 of 196724 of 201010 of 20129 of 2023 An Act to safeguard the dignity of the Head of State, the National Flag, the Armorial Ensigns and the Public Seal and to prevent the improper use of the National Flag, the Armorial Ensigns, the Public Seal and of certain emblems, colours, names, words and likenesses for professional, commercial and other purposes and for matters incidental thereto and connected therewith 1. Short title This Act may be cited as the Protected Flag, Emblems and Names Act. 2. Interpretation (1) In this Act— 24 of 2010 “National Flag” means the National Flag of Malawi declared in section 2 of the Constitution and of which the description and design are set out in Part I of the First Schedule; First Schedule “Armorial Ensigns” means the Armorial Ensigns of Malawi (also known as the National Coat of Arms, or the Coat of Arms of Malawi), the heraldic device of which the blazon and design are set out in Part II of the First Schedule; First Schedule “Public Seal” means the Public Seal of Malawi as provided under section 3 of which the design is set out in Part III of the First Schedule; First Schedule 24 of 2010 10 of 2012 “protected colours” means the colours of the National Flag, that is to say, black, red and green successively arranged in that order or arranged in any other order so nearly resembling that order as to be liable or calculated to deceive, or any colours or combination of colours which the Minister may, by order published in Gazette, add to the Second Schedule; Second Schedule “protected emblem” means the National Flag, the Armorial Ensigns, the Public Seal, or any emblem, seal, flag, pennant, insignia, ensign, design or coat of arms of a kind specified in Part I of the Second Schedule or any recognizable part of a protected emblem; Second Schedule “protected likeness” means any photograph, drawing, painting, sculpture or other pictorial or visual representation of the person for the time being holding any of the offices or dignities specified in Part II of the Second Schedule; Second Schedule “protected name” means the national name of Malawi, and any of the names or words specified in Part III of the Second Schedule, and includes any abbreviation of any such name or word. (2) Any representation, or colourable imitation of any protected emblem or protected likeness, or any device or design or likeness which represents, purports to represent, or is capable of representing any protected emblem or protected likeness, or any device or design or likeness which so nearly resembles any protected emblem or protected likeness as to be calculated or likely to deceive shall be deemed to be a protected emblem or protected likeness as the case may be for the purposes of this Act. 3. Interpretation (1) There shall be a Public Seal for Malawi which shall show the Armorial Ensigns with the words “Republic of Malawi” as circumscription. The Public Seal (2) The President shall be the custodian of the Public Seal, and the manner in which it is to be kept and used shall be in accordance with the directions of the President. 4. Mutilation, defacing; etc. of protected emblems Any person who, in a public place, mutilates, defaces, burns, or performs an act which, in the circumstances, is calculated to or is likely to show disrespect of a protected emblem commits an offence and shall, upon conviction, be liable to a fine of K2,000,000 and imprisonment for six months. 9 of 2023 24 of 2010 5. Prohibition of improper use of emblems, colours, etc. (1) Notwithstanding anything contained in any written law, no person shall, except with the written permission of the Minister— (a) use or permit to be used in connexion with or in furtherance of any trade, business, calling or profession any protected emblem, protected name, protected likeness or the protected colours; (b) use or display, or permit to be used or displayed, any protected emblem, protected name, protected likeness or the protected colours as an advertisement for any trade, business, calling or profession; (c) use any protected emblem, protected name, protected likeness or the protected colours in the title of any patent or in any trade mark or design; (d) manufacture, import, sell, offer for sale, expose for sale, possess for the purpose of sale or with intent to sell…

CHAPTER 18:05PUBLIC HOLIDAYS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Public holidays 3. Alteration or addition of public holidays 4. Where public holiday falls on a Saturday or a Sunday 5. Right to open public offices and require attendance of Government employees Schedule 11 of 196716 of 19839 of 1985G.N. 99/19867/19944/19946/199741/2007 An Act to make provision for Public Holidays 1. Short title This Act may be cited as the Public Holidays Act. 2. Public holidays The several days specified in the Schedule shall, in every year, be kept as public holidays by all public offices and all banks. 3. Alteration or addition of public holidays (1) The Minister may, by order published in the Gazette, amend the Schedule. (2) The Minister may, in any year, by order published in the Gazette, declare any day to be a public holiday either in addition to the days mentioned in the Schedule or in substitution for any of such days, and either throughout Malawi or in any District, area or any part thereof, and thereupon any day so declared shall be a public holiday in all respects as if it were a day specified in the Schedule, either throughout Malawi or in the locality specified in such order; and where in any year, any day is so declared to be a public holiday in substitution for any of the days specified in the Schedule such latter day shall, in such year, cease to be a public holiday in Malawi or in the locality specified in the order. 4. Where public holiday falls on a Saturday or Sunday Where, in any year, a day specified in the Schedule, other than the Saturday following Good Friday, falls on a Saturday or Sunday, then the next succeeding day, not being itself a Sunday or public holiday shall in such year be a public holiday in all respects as if it were a day specified in the Schedule, and the day specified in the Schedule shall, in such year, cease to be a public holiday. 16 of 1983 5. Right to open public offices and require attendance of Government employees Notwithstanding anything contained in this Act, it shall be lawful for the head of any Government Department to open the offices and works thereof, and to call upon all or any persons employed in such Department to perform such of their duties on any public holiday as to such head of Department seems fit. G.N. 99/1986 67/1994 84/1994 76/1997 41/2007 SCHEDULE New Year’s Day John Chilembwe Day (15th January) Martyrs’ Day (3rd March) Good Friday Saturday following Good Friday Easter Monday Labour Day (1st May) Kamuzu Day (14th May) Independence Day (6th July) Mothers’ Day (15th October) Eid al Fitri Christmas Day

CHAPTER 29:02WAR GRAVES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Power to vest control of war graves and cemeteries in Commission 4. Powers of Commission 5. Protection of private rights 6. Exclusive right of burial 7. Power to remove bodies from war graves 8. Offences in relation to war graves 9. Penalty 12 of 1967 An Act to provide for the Control of War Graves 1. Short title This Act may be cited as the War Graves Act. 2. Interpretation In this Act— ‘‘the Commission’’ means the Commonwealth War Graves Commission, a body corporate constituted by Royal Charter of the United Kingdom of the 21st May, 1917; ‘‘war grave’’ means a grave which has been accepted by the Commission as a grave within the purposes of the said Charter and of a Supplemental Charter of the 8th June, 1964. 3. Power to vest control of war graves and cemeteries in Commission The Minister may from time to time, by notice published in the Gazette, vest in the Commission— (a) the control of all or any war graves in Malawi or in any area of Malawi, whether on public, private or customary land; (b) the control of any piece of public or customary land containing war graves (in this Act referred to as a war grave cemetery); and (c) the control of any piece of land for the erection by the Commission of a War Memorial elsewhere than in a war grave cemetery. 4. Powers of Commission The Commission shall, subject to the general or special directions of the Minister, have all powers necessary or convenient for the fulfilment of their purposes and in particular for maintaining any war grave or war grave cemetery under their control in proper order and for maintaining and improving the appearance and amenities of the grave or cemetery. Such powers include the power to enclose the grave or cemetery and to erect and maintain thereon or therein gravestones, tablets, or monuments of any description. 5. Protection of private rights (1) Where a war grave is situated on private land, the Commission shall before entering thereon give at least twenty-four hours notice to the occupier, if any, and shall, as far as possible, consult his convenience, and shall compensate him for any actual damage caused to him by the exercise of their powers. (2) In the event of dispute, the amount of such compensation shall be fixed by the Minister, whose decision shall be final. (3) Nothing in this Act shall affect the right of the owner of any grave in a war grave cemetery, not being a war grave, to have access to and maintain such grave, or confer on the Commission any right to interfere with any such grave or gravestone tablet, or monument thereon. 6. Exclusive right of burial (1) The Commission shall have the exclusive right of burial in all war graves under their control. (2) The Minister may confer on the Commission the exclusive right of burial in any vacant space in a war grave cemetery under their control. (3) No person shall, except with the consent of the Commission, bury any body in any war grave or in any vacant space in any war grave cemetery in which the Commission have the exclusive right of burial. 7. Power to remove bodies from war graves Where the Commission are satisfied that by reason of its situation or for any other reason a war grave cannot be properly maintained in its present position, they may, with the consent of the Minister and subject to such conditions as he may impose, remove the body from the war grave and re-inter it in any place approved by the Minister for the purpose: Provided that the Commission shall, before removing a body, endeavour to obtain the consent of the widow, if any, of the deceased, or, if there is no widow, of one of his next-of-kin, and shall not remove the body if they are of opinion that the removal will be against the wishes of the widow, or, it there is no widow, of the next-of-kin. 8. Offences in relation to war graves (1) No person shall wilfully destroy, injure, defile, disfigure or deface any building, wall, fence, gate, tree, plant, monument, tablet, inscription or gravestone belonging to or under the control of the Commission. (2) No person shall without the consent of the Commission disturb the soil of any war grave under their control or without lawful title the soil of any war grave cemetery under their control. (3) No person shall obstruct the Commission or any servant or agent of the Commission in the exercise of their powers or rights under this Act. 9. Penalty Any person who contravenes any of the provisions of this Act shall be liable…

CHAPTER 48:01SALE OF GOODS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIFORMATION OF THE CONTRACT Contract of Sale 3. Sale and agreement to sell 4. Capacity to buy and sell Formalities of the Contract 5. Contract of sale, how made 6. Contract of sale for ten pounds or more to be in writing Subject Matter of Contract 7. Existing or future goods 8. Sale of perished goods 9. Goods perished after agreement to sell The Price 10. Ascertainment of price 11. Agreement to sell at valuation Conditions and Warranties 12. Stipulations as to time 13. When condition to be treated as warranty 14. Condition and warranties implied in contracts of sale 15. Conditions implied by description 16. No implied warranty as to fitness, except in certain cases Sale by Sample 17. Sale by sample PART IIIEFFECTS OF THE CONTRACT Transfer of Property as between Seller and Buyer 18. Property in unascertained goods 19. Property in specific or ascertained goods passes when intended to pass 20. Rules for ascertaining intention as to time when property passes 21. Reservation by seller of right of disposal 22. Risk prima facie passes with property Transfer of Title 23. Sale by person not the owner 24. Sale under voidable title 25. Revesting of property in stolen goods on conviction of offender 26. Resale of goods in certain cases 27. Effect of writs of execution PART IVPERFORMANCE OF THE CONTRACT 28. Duties of seller and buyer 29. Payment and delivery concurrent conditions 30. Rules as to delivery 31. Delivery of wrong quantity or description 32. Delivery by instalments 33. Delivery to carrier as buyer’s agent 34. Risk where goods delivered elsewhere than at place of sale 35. Buyer’s right of examining the goods 36. Acceptance 37. Buyer is not bound to return rejected goods 38. Liability of buyer for neglecting or refusing delivery of goods PART VRIGHTS OF UNPAID SELLER AGAINST THE GOODS 39. Unpaid seller defined 40. Rights of unpaid seller Unpaid Seller’s Lien 41. Seller’s lien 42. Lien after part delivery 43. Termination of lien Stoppage in transitu 44. Right of stoppage in transitu 45. Duration of transit 46. Mode of stoppage in transitu Resale by Buyer or Seller 47. Effect of subsale or pledge by buyer 48. Effect on sale of exercise of lien or stoppage in transitu PART VIACTIONS FOR BREACH OF CONTRACT Remedies of the Seller 49. Action for price 50. Action for non-acceptance Remedies of the Buyer 51. Action for non-delivery 52. Right to specific performance 53. Remedy for breach of warranty 54. Interest and special damages PART VIISUPPLEMENTARY 55. Variation, etc., of implied rights 56. Reasonable time 57. Rights, etc., enforceable by action 58. Auction sales 59. Savings 14 of 1967 An Act to regulate the Sale of Goods PART IPRELIMINARY 1. Short title This Act may be cited as the Sale of Goods Act. 2. Interpretation (1) In this Act, except where the context otherwise requires— “action” includes counterclaim and set-off; “buyer” means a person who buys or agrees to buy goods; “contract of sale” includes an agreement to sell as well as a sale; “delivery” means voluntary transfer of possession from one person to another; “document of title to goods” includes any bill of lading, dock warrant, warehouse-keeper’s certificate or warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented; “fault” means wrongful act or default; “future goods” means goods to be manufactured or acquired by the seller after the making of the contract of sale; “goods” includes all chattels personal other than things in action and money, and all emblements, industrial growing crops and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale; “minor” means an unmarried person under the age of twenty-one years; “plaintiff” includes defendant counterclaiming; “property” means the general property in goods, and not merely a special property; “quality of goods” includes their state or condition; “sale” includes a bargain and sale as well as a sale and delivery; “seller” means a person who sells or agrees to sell goods; “specific goods” means goods identified and agreed upon at the time a contract of sale is made; “warranty” means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated. (2) A thing…

CHAPTER 48:02BILLS OF EXCHANGE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIBILLS OF EXCHANGE Form and Interpretation 3. Bill of exchange defined 4. Inland and foreign bills 5. Effect where different parties to bill are the same person 6. Address to drawee 7. Certainty required as to payee 8. What bills are negotiable 9. Sum payable 10. Bill payable on demand 11. Bill payable at a future time 12. Omission of date in bill payable after date 13. Ante-dating and post-dating 14. Computation of time of payment 15. Case of need 16. Optional stipulations by drawer or indorser 17. Definition and requisites of acceptance 18. Time for acceptance 19. General and qualified acceptances 20. Inchoate instruments 21. Delivery Capacity and Authority of Parties 22. Capacity of parties 23. Signature essential to liability 24. Forged or unauthorized signature 25. Procuration signatures 26. Person signing as agent or in representative capacity The Consideration for a Bill 27. Value and holder for value 28. Accommodation bill or party 29. Holder in due course 30. Presumption of value and good faith Negotiation of Bills 31. Negotiation of bill 32. Requisites of a valid indorsement 33. Conditional indorsement 34. Indorsement in blank and special indorsement 35. Restrictive indorsement 36. Negotiation of overdue or dishonoured bill 37. Negotiation of bill to party already liable thereon 38. Rights of the holder General Duties of the Holder 39. When presentment for acceptance is necessary 40. Time for presenting bill payable after sight 41. Rules as to presentment for acceptance, and excuses for non-presentment 42. Non-acceptance 43. Dishonour by non-acceptance and its consequences 44. Duties as to qualified acceptance 45. Rules as to presentment for payment 46. Excuses for delay or non-presentment for payment 47. Dishonour by non-payment 48. Notice of dishonour and effect of non-notice 49. Rules as to notice of dishonour 50. Excuses for non-notice and delay 51. Noting or protest of bill 52. Duties of holder as regards drawee or acceptor Liabilities of Parties 53. Funds in hands of drawee 54. Liability of acceptor 55. Liability of drawer or indorser 56. Stranger signing bill liable as indorser 57. Measure of damages against parties to dishonoured bill 58. Transferor by delivery and transferee Discharge of Bill 59. Payment in due course 60. Banker paying demand draft whereon indorsement is forged 61. Acceptor the holder at maturity 62. Express waiver 63. Cancellation 64. Alteration of bill Acceptance and Payment for Honour 65. Acceptance for honour supra protest 66. Liability of acceptor for honour 67. Presentment to acceptor for honour 68. Payment for honour supra protest Lost Instruments 69. Holder’s right to duplicate of lost bill 70. Action on lost bill Bill in a Set 71. Rules as to sets Conflict of Laws 72. Rules where laws conflict PART IIICHEQUES ON A BANKER 73. Cheque defined 74. Presentment of cheque for payment 75. Revocation of banker’s authority 76. Rights of bankers collecting cheques not indorsed by holders 77. Unindorsed cheques as evidence of payment 78. Protection of bankers paying unindorsed or irregularly indorsed cheques, etc. 79. Protection of bankers collecting payment of cheques, etc. Crossed Cheques 80. General and special crossings defined 81. Crossing by drawer or after issue 82. Crossing a material part of cheque 83. Duties of banker as to crossed cheques 84. Protection to banker and drawer where cheque is crossed 85. Effect of crossing on holder 86. Application of certain provisions of this Act to instruments not being bills of exchange 87. Government to be regarded as a customer of a banker 88. Construction PART IVPROMISSORY NOTES 89. Promissory note defined 90. Delivery necessary 91. Joint and several notes 92. Note payable on demand 93. Presentment of note for payment 94. Liability of maker 95. Application of Part II to notes PART VSUPPLEMENTARY 96. Good faith 97. Signature 98. Computation of time 99. When noting equivalent to protest 100. Protest when notary not accessible 101. Dividend warrants may be crossed 102. Savings Schedule CHAPTER 48:02BILLS OF EXCHANGE 15 of 1967 An Act relating to Bills of Exchange, Cheques and Promissory Notes, and Matters Incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Bills of Exchange Act. 2. Interpretation In this Act, unless the context otherwise requires— “acceptance” means an acceptance completed by delivery or notification; “action” includes counter claim and set off; “banker” includes a body of persons whether incorporated or not who carry on the business of banking; “bankrupt” includes any person whose estate is vested in a trustee or assignee under the law for the time being in force relating to bankruptcy; “bearer” means the person in possession of a bill or note which is payable to bearer; “bill” means bill of exchange, and “note” means promissory note; “delivery” means transfer of possession,…