Category: Principal Legislation

CHAPTER 58:01REGISTERED LAND ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Reconciliation with other laws PART IIORGANIZATION AND ADMINISTRATION Division 1Land Registries and Officers 4. Registration districts 5. Land registries 6. Appointment of officers 7. General powers of Registrar 8. Indemnity of officers 9. Seal of registry Division 2The Land Register 10. The Land Register 11. Compilation of Land Register 11A. Transitional provisions relating to rights, etc., acquired under charges etc., registered under Cap. 58:02 12. Manner of registration 13. Cancellation of obsolete entries 14. New editions of register Division 3Maps, Parcels and Boundaries 15. Registry map 16. Power to alter registry map and to prepare new editions 17. Further surveys 18. General boundaries 19. Fixed boundaries 20. Maintenance of boundary features 21. Interference with boundary features 22. Combinations and subdivisions 23. Change of boundaries PART IIIEFFECT OF REGISTRATION 24. Interest conferred by registration 24A. Effect of registration with provisional title 25. Rights of proprietor 26. Voluntary transfer 27. Overriding interests 27A. Conversion of provisional title 28. Entries to constitute actual notice PART IVSEARCHES AND CERTIFICATES 29. Searches and copies 29A. Land certificates and certificates of lease 29B. Production of certificate 29C. Lost or destroyed certificates 30. Evidence PART VDISPOSITIONS Division 1General 31. Subsequent dealings 32. Protection of persons dealing in registered land 33. Additional fee for delayed registration 34. Power to compel registration 35. Priority of registered interests 36. Stay of registration 37. Merger of registered interests Division 2Leases 38. Leases 39. Periodic tenancies 40. Registration of leases 41. Lessor’s consent to dealing with lease 42. Lease of charged land 43. Duration of leases 44. Future leases 45. Holding over 46. Agreements implied in leases on part of lessor 47. Agreements implied in leases on part of lessee 48. Meaning of “in repair” 49. Lessor’s right of forfeiture 50. Effect of forfeiture on subleases 51. Notice before forfeiture 52. Relief against forfeiture 53. Variation and extension of leases 54. Substitution of leases 55. Subleases 56. Surrender of leases 57. Determination of leases 58. Voluntary registration of leases 59. Mining leases Division 3Charges 60. Form and effect of charges 61. Second or subsequent charges 62. Presumption that money paid is interest 63. Agreements implied in charges 64. Chargee’s consent to transfer 65. Variation of charges 66. Right of redemption 67. Right of third party to transfer of charge 68. Chargee’s remedies 69. Appointment, powers, remuneration and duties of receiver 70. Chargee’s powers of leasing 71. Power of sale 72. Application of purchase money 73. Variation of powers 74. No right of entry into possession or foreclosure 75. Discharge of charge 76. Satisfaction of charge 77. Further advances 78. Consolidation Division 4Transfers 79. Transfer 80. Certificates as to payment of rates 81. Transfer to take effect immediately 82. Conditions repugnant to interest transferred 83. Transfer of part 84. Transfer of lease 85. Effect of transfer on agreements in lease 86. Transfer subject to charge 87. Transfer subject to lease 88. Transfer of unregistered lease Division 5Easements, Restrictive Agreements, Profits and Licences 89. Easements 90. Restrictive agreements 91. Profits 92. Release and extinguishment of easements, profits and restrictive agreements 93. Discharge and modification of easements, profits and restrictive agreements 94. Licences Division 6Co-proprietorship and Partition 95. Registration of more than one proprietor 96. Characteristics of joint proprietorship and severance thereof 97. Characteristics of proprietorship in common 98. Partition of land owned in common 99. When Registrar may order sale 100. Procedure where share small 101. Division 7Succession on Death 102. Succession on death PART VIINSTRUMENTS 103. Form of instruments 104. Execution of instruments 105. Verification of execution 106. Stamps 107. Disposal of instruments 108. Minors 109. Agents and persons under disability 110. Gift to person under disability 111. Powers of attorney 112. Effect of registered power of attorney PART VIITRANSMISSIONS, TRUSTS AND FAMILY REPRESENTATION 113. Transmission on death of joint proprietor 114. Transmission on death of sole proprietor or proprietor in common 115. Effect of transmission by death 116. Transmission on bankruptcy 117. Liquidation 118. Transmission in other cases 119. Trusts 120. Co-trustees 121. 122. PART VIIIRESTRAINTS ON DISPOSITION Division 1Inhibitions 123. Power of court to inhibit registered dealings 124. Effect of inhibition 125. Cancellation of inhibition Division 2Cautions 126. Lodging of cautions 127. Notice and effect of caution 128. Withdrawal and removal of caution 129. Second caution in respect of same matter 130. Wrongful cautions Division 3Restrictions 131. Restrictions 132. Notice and effect of restriction 133. Removal and variation of restrictions PART IXPRESCRIPTION 134. Acquisition of land by prescription 135. Principles of possession 136. Procedure on application 137. Acquisition of easements and profits by prescription PART XRECTIFICATION AND INDEMNITY 138. Rectification by the Registrar 139. Rectification by court 140. Right to indemnity 141. Amount of indemnity 142. Procedure for claiming indemnity 143. Recovery of indemnity paid 144.…

CHAPTER 59:02LOCAL LAND BOARDS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application 4. Local Land Boards 5. Board procedure PART IICONSENT TO TRANSACTIONS 6. Restriction on land transactions 7. General consent and no consent 8. Submission and disposal of applications 9. Consent upon condition PART IIIFAMILY LAND MATTERS 10. Partition of family land 11. Replacement of family representative PART IVOTHER POWERS OF THE BOARD 12. Land Use PART VMISCELLANEOUS 13. Review 14. Offences 15. Regulations Schedule 7 of 19676 of 1987 An Act to provide for the Establishment and powers of Local Land Boards, and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Local Land Boards Act. 2. Interpretation In this Act, unless the context otherwise requires— “Board” means a Local Land Board appointed by the Minister under section 4; “Division” means a Land Control Division declared by the Minister in accordance with section 3; “family land” means land of which the proprietor is registered as family representative under the Registered Land Act; “interest in land” means any right or interest in or over land which is capable of being registered under the Registered Land Act; “land” includes land covered with water, all things growing on land, and buildings and other things permanently fixed to land; “Registrar” means the Land Registrar or Assistant Registrar in charge of the Registry established under the Registered Land Act for the registration district in which the Land Control Division is situated. 3. Application The Minister may, by order, declare that a land registration district constituted, under the Registered Land Act shall be a Land Control Division for the purposes of this Act. 4. Local Land Boards (1) There shall be established for each Division a Local Land Board which shall consist of— (a) the District Commissioner in whose District the Division is situated, who shall be Chairman; (b) not more than two public officers appointed by name or by office by the Minister; (c) two persons appointed by the Chiefs of the Division; and (d) such number of persons, being not less than five nor more than nine, as the Minister shall appoint, from residents within the Division. (2) The Registrar shall be the executive officer of the Board, who shall attend and may speak at any meeting of the Committee, but shall not vote. (3) A member of the Board who fails to attend three consecutive meetings of the Board without proper cause shall, if the Board so recommends to the Minister and the Minister so approves, cease to be a member of the Board. (4) A member of the Board appointed pursuant to paragraphs (b), (c) or (d) of subsection (1) may at any time resign his membership by giving notice in writing to the Minister, and from the date specified in the notice he shall cease to be a member of the Board. 5. Board procedure (1) The Chairman shall preside at all meetings of a Board at which he is present and, if he is absent, the members of the Board present at a meeting shall elect one of themselves to preside at that meeting. (2) (a) The quorum of a Board, where the total number of members of the Board is an even number, shall be one-half of that number and, where the total number of members is an uneven number, shall be one-half of the even number that is greater than that number by one. (b) In the event of an equality of votes the Chairman or other member presiding shall have a casting as well as an orginal vote. (3) If a member of the Board has an interest, direct or indirect, in any matter before the Board, and is present at a meeting of the Board at which the matter is under consideration, he shall, at the meeting, as soon as practicable after its commencement, disclose the fact and shall not take part in the consideration or discussion of, or vote on any question with respect to, the determination of that matter. (4) The Board may require the attendance of any party to, or any person interested in or affected by, any matter before the Board and may demand the production of any document or other evidence relating to the matter. (5) Where any person whose presence is required is not present, or any document, the production of which has been demanded, is not produced, the Board may postpone hearing the matter to give a reasonable opportunity for the appearance of such person or the production of such document. PART IICONSENT TO TRANSACTIONS 6. Restriction on land transactions (1) No person shall, in respect of land situate in a Division, except with the consent of the Board, or by virtue…

CHAPTER 4:05BANKERS’ BOOKS EVIDENCE ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Mode of proof of entries in bankers’ books 4. Proof that book is a banker’s book 5. Verification of copy 6. Case in which banker, etc. not compellable to produce books 7. Court or judge may order inspection, etc. 8. Costs 9. Warrant to investigate 47 of 1966 An Act with respect to Evidence in Relation to Bankers’ Books 1. Short title This Act may be cited as the Bankers’ Books Evidence Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “court” means the court, judge, arbitrator or person before whom a legal proceeding is held or taken; “judge” means a judge of the High Court; “legal proceeding” includes any civil or criminal proceeding, inquiry or arbitration in which evidence is or may be given. (2) In this Act, the expressions “bank” and “banker” mean any person carrying on banking business within the meaning of the Banking Act and duly registered under that Act, also any savings bank operated by a registered commercial bank, and also any post office savings bank. (3) The fact of any such bank having been duly registered may be proved in any legal proceeding by the affidavit of a partner or officer of the bank, or by the production of a copy of the Gazette containing a copy of a statement of assets and liabilities under section 24 of the Banking Act; the fact that any such bank is a post office savings bank may be proved by a certificate purporting to be under the hand of the Postmaster-General or of an officer of the Post Office. (4) Expressions in this Act relating to “bankers’ books” include looseleaf records and records produced by mechanical or electronic means, ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank. 3. Mode of proof of entries in bankers’ books Subject to this Act, a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions and accounts therein recorded. 4. Proof that book is a banker’s book A copy of an entry in a banker’s book shall not be received in evidence under this Act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any commissioner for oaths, or person authorized to take affidavits. 5. Verification of copy (1) A copy of an entry in a banker’s book shall not be received in evidence under this Act unless it be further proved that the copy has been examined with the original and is correct. (2) Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any commissioner for oaths, or person authorized to take affidavits. 6. Case in which banker, etc., not compellable to produce books A banker or officer of a bank shall not, in any legal proceeding to which the bank is not a party, be compellable to produce any banker’s book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a judge made for special cause. 7. Court or judge may order inspection, etc. On the application of any party to a legal proceeding a court or judge may order that such party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of such proceeding. An order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before it is to be obeyed, unless the court or judge otherwise directs. 8. Costs The costs of any application to a court or judge under or for the purposes of this Act, and the costs of anything done or to be done under an order of a court or judge made under or for the purposes of this Act shall be in the discretion of the court or judge, who may order the same or any part thereof to be paid to any party by the bank where the same…

CHAPTER 40:01INVESTMENT DISPUTES (ENFORCEMENT OF AWARDS) ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Binding effect of Award 4. Application for registration 5. Effect of registration 6. Rules 7. Act binding on the Government 46 of 1966 An Act to make provision for the enforcement in Malawi of Awards of the Tribunal of the International Centre for Settlement of Investment Disputes and for purposes connected therewith and incidental thereto 1. Short title This Act may be cited as the Investment Disputes (Enforcement of Awards) Act. 2. Interpretation In this Act unless the context otherwise requires— ‘‘Award’’ means an Award made in accordance with the Convention; ‘‘Convention’’ means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States dated 18th March, 1965; ‘‘Investment Dispute’’ means a legal dispute arising directly out of an investment which is within the scope of the Convention; ‘‘party’’ means a person who has had an Investment Dispute which has resulted in an Award; ‘‘Secretary General’’ means the Secretary General of the International Centre for Settlement of Investment Disputes established under the Convention. 3. Binding effect of Award Every Award shall be binding on the parties. 4. Application for registration (1) Where an Award has been obtained, a party may apply to the High Court for registration of the Award at any time within six years after the date of the Award, or within such longer period as the High Court may in its discretion allow. (2) An application under subsection (1) shall be accompanied by— (a) a copy of the Award certified by the Secretary General; (b) a sworn statement made by the applicant or his duly authorized officer that no application is pending under Article 52 of the Convention and that enforcement of the Award has not been stayed; (c) if the party against whom it is sought to enforce the Award is not the Government, a statement of the property which it is proposed should be the subject of proceedings for enforcement. (3) In any case where any document required to be furnished under subsection (2) is in a foreign language, it shall be the duty of the applicant to produce a translation certified as correct in such manner as may be approved by the Court. (4) Where the Court is satisfied in relation to an Award of the truth of the sworn statement made in accordance with subsection (2) and— (a) that the Government is a party; or (b) that there is property in Malawi which can properly be the subject of execution proceedings, the Court shall direct registration of the Award. 5. Effect of registration Where an Award is registered under section 4, then— (a) the Award shall, as from the date of registration, have the same effect as a judgment of the High Court so far as relates to the enforcement in Malawi of pecuniary obligations imposed by the Award; (b) the reasonable costs of and incidental to the registration of the Award (including the cost of obtaining a certified copy thereof and of the application for registration) shall be recoverable in the like manner as if they were sums payable under the Award. 6. Rules The Chief Justice may make rules of court prescribing the procedure to be followed and the fees to be paid in proceedings under this Act. 7. Act binding on the Government This Act shall bind the Government.

CHAPTER 1:01GENERAL INTERPRETATION ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation of words and expressions 3. Acts shall be judicially noticed 4. Notification of approval of appointment, etc. 5. Forms 6. Acts to be divided into sections 7. Mode of citing written laws 8. Schedules and tables to be part of written law 9. Time when written law comes into operation 10. Repealed written law not revived 11. Repeal of amended written law to include amendment 12. Reference to written law to include amendments 13. Continuation of certain repealed laws 14. Provisions respecting effect of repealing written law 15. Construction of amending written law with amended written law 16. Effect of expiry of written law 17. Publication and commencement of subsidiary legislation 18. Retrospective operation of subsidiary legislation 19. Construction of subsidiary legislation 20. Exercise of powers between assent to and commencement of Act 21. General provisions with respect to the power to make subsidiary legislation 22. References to written laws to include subsidiary legislation thereunder 23. Act done under subsidiary legislation deemed done under written law which authorized it 24. Fees 25. Signification of orders by President or a Minister 26. Appointments of officers by name or office 27. Powers and duties to be exercised and performed from time to time 28. Powers and duties of office holder 29. Reference to holder of office includes person discharging 30. Power to appoint substantively pending retirement, etc., of existing holder 31. Effect of appointment to act in a public office 32. Power to appoint to include power to dismiss, etc., and to re-appoint 33. Change of title of public office 34. Construction of enabling words 35. Power of President to delegate authority 36. Power of Ministers and others to delegate 37. Saving in respect of delegations 38. Power of majority of more than two persons 39. Method of appeal to the President or a Minister and appearance thereon 40. Power to appoint chairman, etc., of board, etc. 41. Power to appoint members of board, etc., includes power to appoint public officers and alternates 42. Powers of board, etc., not affected by vacancy or certain defects 42A. Exercise of powers of members of boards, etc., after expiry of office . 43. Authentication of decisions, etc., and affixing of common seal 44. Time 45. Computation of time and meaning of clear days 46. Provision where no time prescribed 47. Construction of power to extend time 48. Measurement of distances 49. Evidence of signature of President, Minister or law officer, etc. 49A. Evidence of execution of instrument under seal by public officer 50. Law officers 51. Ex officio proceeding not to abate on death, etc. 52. Imposition of penalty no bar to civil action 53. Provision as to offences under two or more laws 54. Penalties prescribed may be maximum penalties, but may be cumulative 55. Disposal of forfeits 56. Disposal of fines and penalties 57. Interpretation of applied laws 58. Saving of rights of Government in written laws 59. 60. 61. Production of Gazette and official copies to be prima facie evidence of contents 62. Power to cancel licences, etc. 63. Act for which payment required need not be performed until payment made 36 of 196611 of 196737 of 19673 of 19689 of 196825 of 196826 of 19681 of 196930 of 196923 of 197151 of 197120 of 19755 of 198130 of 199119 of 199221 of 1996 An Act to make provision with regard to the construction, application and interpretation of written law, to make certain general provisions with regard to such law and other like purposes 1. Short title This Act may be cited as the General Interpretation Act. 2. Interpretation of words and expressions (1) In this Act and, subject to section 57, in every other written law enacted, made or issued before or after the coming into operation of this Act, the following words and expressions shall have the meanings respectively assigned to them, unless there is something in the subject or context inconsistent with such construction or unless it is therein otherwise provided— “act” used with reference to an offence or civil wrong includes an omission and extends to a series of acts and omissions; “Act” used with reference to legislation means an Act of Parliament, an Ordinance, and any applied Act; “administrative officer” means a District Commissioner or an Assistant District Commissioner; “amendment” includes repeal, addition, variation and substitution; “applied Act” means any legislation not enacted by the legislature of Malawi which by virtue of the Republic of Malawi (Constitution) Act has the force of an Act of Parliament in Malawi; “Cabinet” means the Cabinet constituted by or under the Constitution; “calendar year” means the period from the 1st January to the 31st December in the same year including both those days; “Chief” has the meaning ascribed thereto…

CHAPTER 69:04MALAWI RAILWAY HOLDINGS COMPANY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIINCORPORATION AND MANAGEMENT OF COMPANY 3. Incorporation, limitation of liability, offices, agents and seal 4. Objects and powers 5. Transfer of certain shares to the Company 6. Capital 7. Profits 8. Directors 9. Meetings of the Board 10. Borrowing powers 11. Officers PART IIIACCOUNTS 12. Annual accounts and report 13. Audit PART IVMISCELLANEOUS 14. Share transfers and register 15. Taxation, etc. 16. Authentication of documents and decisions 17. Regulations 34 of 19668 of 19809 of 1985 An Act to Provide for the Incorporation of the Malawi Railway Holdings Company and for purposes connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi Railway Holdings Company Act. 2. Interpretation In this Act, unless the context otherwise requires—“Agricultural Development and Marketing Corporation” means the Agricultural Development and Marketing Corporation incorporated under the Agricultural Development and Marketing Act; “Board” means the Board of Directors referred to in section 8; “Chairman” includes any director acting as Chairman under section 8; “the Company” means the Malawi Railway Holdings Company incorporated by this Act; “Lonrho Limited” means the company of that name incorporated under the United Kingdom Companies Acts; “Malawi Railways Limited” means the company of that name incorporated under the United Kingdom Companies Acts; “securities” in relation to a body corporate includes shares, stock, debentures, debentures stock, and any other security of a like nature, of the body corporate. PART IIINCORPORATION AND MANAGEMENT OF COMPANY 3. Incorporation, limitation of liability, offices, agents and seal (1) There is hereby incorporated a company to be known as Malawi Railway Holdings Company which shall be a body corporate with perpetual succession and a common seal capable of suing and being sued in its corporate name, and which, subject to this Act, may acquire, hold and dispose of movable and immovable property. (2) The liability of the members of the Company shall be limited to the amount, if any, unpaid or not credited as paid on the shares of which they are the holders. (3) The Company shall have its head office in Malawi and may open branches in or outside Malawi and appoint agents in accordance with the decisions of the Board. (4) The common seal of the Company may be affixed to any documents under such condition as may from time to time be determined by the Board, and shall not be affixed otherwise. 4. Objects and powers (1) The principal objects of the Company are— (a) to purchase or otherwise acquire, hold, manage and dispose of securities of or any interest in any corporation or other enterprise carrying on railway or other transportation operations or business in Malawi or elsewhere including any such securities or other interest held by the Government; (b) to exercise the rights attached to such securities or interest. (2) The Company may borrow moneys and do all such other lawful acts and things as may be incidental or conducive to or connected with the principal objects specified in subsection (1). (3) The Minister may, by order under his hand, which shall be published in the Gazette, extend or vary the objects and powers of the Company. 5. Transfer of certain shares to the Company Government shall cause to be transferred to the Company, for the consideration specified in section 6, the beneficial interest in all the shares in Malawi Railways Limited which it has at the date of coming into operation of this Act and which it may thereafter acquire. 6. Capital (1) The authorized capital of the Company shall be three million two hundred thousand Kwacha (K3,200,000) divided into one million six hundred thousand (1,600,000) shares of two Kwacha (K2) each. (2) The capital of the Company may from time to time be increased by such amount as the Board, with the consent of the Minister, may resolve. (3) The Board shall issue shares in the Company as follows— (a) to the Government, in consideration for the transfer to the Company of its beneficial interest in sixty-one thousand (61,000) Ordinary shares of two Kwacha (K2) each and one million and eighty-one thousand, six hundred and twenty-five (1,081,625) “A” Ordinary shares of ten tambala (10t) each in Malawi Railways Limited, one million, one hundred and forty-two thousand, six hundred and twenty-five (1,142,625) shares in the Company credited as fully paid; (b) to the Agricultural Development and Marketing Corporation in consideration for services rendered in the financing of the Company one hundred (100) shares in the Company credited as fully paid up; (c) to the Government, in the event of the Government acquiring two hundred and fifty-seven thousand, eight hundred and forty-six (257,846) Ordinary shares of two Kwacha (K2) each and ten (10) “A” Ordinary shares of ten…

CHAPTER 15:01MALAWI CITIZENSHIP ARRANGEMENT OF SECTIONS SECTION PART IPreliminary 1. Short title 2. Interpretation PART IICitizenship by Birth and Descent 3. Citizens on 5th July, 1966 4. Citizenship by birth 5. Citizenship by descent PART IIIDual Citizenship 6. Dual citizenship of persons of full age permitted 7. Dual citizenship of minors 8. 9. 10. 11. PART IVCitizenship by Registration and Naturalization 12. Commonwealth citizens 13. Registration of Commonwealth citizens 14. Registration of citizens of certain African States 15. Registration of persons with close connexion with Malawi 16. Registration of wives of Malawi citizens 17. Registration of minor children of Malawi citizens 18. Registration of stateless persons 19. Conferment of citizenship in special circumstances 20. Effect of registration 21. Naturalization of aliens 22. Effect of naturalization PART VRenunciation and Deprivation of Citizenship 23. Renunciation of citizenship 24. Deprivation of citizenship of persons who exercise certain rights in other countries 25. Deprivation of citizenship in other cases 26. Effect of renunciation or deprivation 27. Restoration of citizenship PART VISupplemental 28. Manner of making applications 29. Decision of Minister to be final 30. Certificate of citizenship in cases of doubt 31. Renunciation of citizenship of other countries 32. Evidence 33. Offences 34. Regulations 35. Delegation of powers 36. Saving SCHEDULES 1. Commonwealth countries 2. Oath of Allegiance 3. Declaration of intention to retain citizenship of Malawi 4. Declaration of renunciation of citizenship of another country 5. Declaration of intention to reside permanently in Malawi 6. Declaration of renunciation of citizenship of Malawi 7. List of Offices 28 of 196637 of 19675 of 197122 of 199211 of 2019 G.N. 139/1966223/1966284/196656/1968170/1968216/1970 An Act to repeal and replace the Malawi Citizenship Act, 1964, so as to make provision, consequent upon the enactment of a Republican form of Constitution in Malawi, for the acquisition of citizenship of Malawi by birth or descent, or by registration in certain cases; to regulate the manner and circumstances in which aliens may be naturalized as citizens of Malawi and in which citizens of Malawi may renounce or be deprived of their citizenship; and to make provision for certain other matters relating to citizenship of Malawi and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi Citizenship Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— 22 of 1992 “alien” means a person who is not a Commonwealth citizen; 11& 12 Geo. 6, c. 56 “British protected person” means a person who is a British protected person for the purpose of the British Nationality Act, 1948, of the United Kingdom; “certificate of naturalization” means a certificate of naturalization granted under this Act; “Commonwealth country” means Malawi, any other country for the time being included in the First Schedule, and any colony, protectorate, trust territory, or other dependency of any such country; First Schedule “foreign country” means any country that is not a Commonwealth country; “Malawi consulate” means an office of a diplomatic or consular officer of the Government of Malawi where a register of births or residents is kept or, where there is no such office, such office as may be prescribed; “minor” means a person who has not attained the age of twenty-one years; “oath of allegiance” means the oath prescribed in the Second Schedule. Second Schedule (2) A person shall, for the purposes of this Act, be of full age if he has attained the age of twenty-one years or if, being a woman under that age, she has been married, and shall be of full capacity if he or she is not of unsound mind. (3) (a) Any reference in this Act to the national status of the father of a person at the time of that person’s birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father’s death. (b) Where the death referred to in paragraph (a) occurred before the 6th July, 1966, and the birth occurred after the 5th July, 1966, the national status that the father would have had if he had died on the 6th July, 1966, shall be deemed to be his national status at the time of his death. (4) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. (5) Where after the commencement of this Act a newborn infant is found abandoned within Malawi that infant shall, unless the contrary is shown, be deemed to have been born within Malawi…

CHAPTER 17:01PROMISSORY OATHS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Forms of oaths 3. Person to take and tender oaths 4. Avoidance of unnecessary repetition of oaths 5. Consequences of not taking prescribed oaths 6. Affirmation allowed in lieu of oath 7. Oaths to be recorded and attested 8. Saving 26 of 1966 An Act to provide for Administration of Promissory Oaths 1. Short title This Act may be cited as the Promissory Oaths Act. 2. Forms of oaths The several oaths required to be taken under this Act shall be in the forms set forth in the First Schedule. 3. Persons to take and tender oaths Subject to section 6 (1) of the Republic of Malawi (Constitution) Act, the several oaths set out in Column 1 of the Second Schedule shall be taken by the respective persons named in Column 2 of that Schedule, after their appointment to or acceptance of office, and shall be tendered by the respective persons specified in Column 3 of that Schedule. 4. Avoidance of unnecessary repetition of oaths Notwithstanding section 3, no person shall be required, upon appointment to or acceptance of office, to take any oath if he shall on any previous occasion have taken such oath within Malawi, either in respect of the same or any other appointment or office, unless the President shall otherwise direct. 5. Consequences of not taking prescribed oaths Nothing in this Act contained shall render, or be deemed to render or to have rendered invalid, any act done, or which may hereafter be done, by a person holding a public office in Malawi in the execution or intended execution of his official duties, by reason only of the omission by such person to take any oath which under this Act such person should take or have taken: Provided that if any person declines, neglects, or omits, where any oath to be taken under this Act is duly tendered, to take such oath he shall, if he shall have already entered on his office, vacate the same, and if he shall not already have entered on his office be disqualified for entering on the same. 6. Affirmation allowed in lieu of oath When an oath is required to be taken under this Act, any person may, instead of taking the oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear”, and omitting the words “So help me God”. 7. Oaths to be recorded and attested Every oath taken in pursuance of this Act shall be recorded in a book kept for the purpose and the person taking the oath shall at the time thereof be required to place his signature in such book, and the person tendering the said oath shall attest the same in the book, and any such book shall be conclusive evidence for all purposes that any oath therein recorded has been duly taken and recorded. 8. Saving Nothing in this Act shall affect any other oath required or authorized by law to be taken or made. FIRST SCHEDULE s. 2 FORMS OF OATHS FORM 1 Oath of Allegiance I, ………………………………………………………………………………, do swear that I will be faithful and bear true allegiance to the Republic of Malawi, and that I will preserve, protect and defend the Constitution of Malawi as by law established. So help me God. FORM 2 Oath of Member of a Presidential Council or Presidential Commission I, ………………………………………………………………………………, having been appointed a member of a *Presidential Council/Presidential Commission, do swear that I will well and truly serve the Republic of Malawi in that office, that I will at all times when so required to the best of my judgment, give my counsel and advice to the *Presidential Council/Presidential Commission, for the good management of the public affairs of Malawi, and that I will not directly or indirectly reveal such matters as shall be referred to me, come to my knowledge or committed to my secrecy by virtue of my holding that office. So help me God. (* Delete whichever is inapplicable). FORM 3 OATH OF A CABINET MINISTER I, ……………………………………………………………………………………… being chosen and appointed as a Member of the Cabinet of Malawi, swear that I will, to the best of my judgment, at all times when thereto required freely give any counsel or advice to the President for the time being for the good management of the public affairs of Malawi, that I will well and truly serve the Republic of Malawi in the office of a Member of the Cabinet and that, except with the authority of the President, I will not directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any document communicated…

CHAPTER 18:07STATUTORY BODIES (CONTROL OF CONTRACTS) ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Power of appropriate Minister to issue Orders 4. Duties of statutory bodies in respect of future contracts 5. Approval of contracts 6. Power of appropriate Minister to require information 7. Consequences of entering into contract without approval 8. Establishment of Councils of Inquiry 9. Functions of Council of Inquiry 10. Power of appropriate Minister to direct an inquiry 11. Scope of the inquiry 12. Matters to be included in report of Council of Inquiry 13. Powers of appropriate Minister on receipt of report 14. Penalty for violation of condition in Order 15. Application of certain sections of the Commissions of Inquiry Act to Councils of Inquiry 16. Regulations Schedule 29 of 196641 of 19664 of 1981G.N. 137/1966127/1973114/199032/199586/1998 An Act to make provision for the control in the public interest of contracts entered into by statutory bodies and for matters connected therewith 1. Short title This Act may be cited as the Statutory Bodies (Control of Contracts) Act. 4 of 1981 2. Interpretation (1) Interpretation (1) In this Act, unless the context otherwise requires— “Appropriate Minister”, in relation to any statutory body, means the Minister for the time being charged by the President with responsibility for that body for the purposes of this Act; “contract” means a contract for the supply of goods or services or for the construction of any building or other works, whether such contract is made or intended to be made within or outside Malawi; “Council of Inquiry” means a Council of Inquiry established by the Minister under section 8; “existing contract” means any contract made between a statutory body and any other person which has been entered into at the date of the making by the Minister of an Order for the holding of an inquiry into that contract or into the class of contract to which it belongs; “statutory body” includes— (a) all local authorities, and all co-operative societies incorporated under the Cooperative Societies Act; (b) every other corporation, board, council or other body of persons, whether corporate or unincorporate, whether established or incorporated within or outside Malawi, the name or description of which is specified in the Schedule. (2) The Minister may from time to time by notice published in the Gazette amend the Schedule by the addition of the name of any other body whether established or incorporated within or outside Malawi. (3) In considering the public interest under any of the provisions of this Act, account shall be taken of the national economic interests of Malawi as a whole, including its future economic development, and of the financial welfare of the statutory body concerned. 3. Power of appropriate Minister to issue Orders (1) Where the appropriate Minister is satisfied that it is in the public interest that a statutory body should not enter into a contract or class of contract without his prior approval he may issue an Order in accordance with subsection (2). (2) An Order under subsection (1) shall specify— (a) the statutory body or bodies; and (b) the contract or class of contract, to which section 4 shall apply. (3) Every Order issued under this section shall be published in the Gazette and shall take effect from the date of publication. 4. Duties of statutory bodies in respect of future contracts (1) A statutory body in respect of which an Order issued under section 3 has been published in the Gazette shall not enter into any contract referred to in such Order either specifically or by reference to a class of contract without the prior approval in writing of the appropriate Minister. (2) A statutory body which desires to enter into a contract which requires the prior written approval of the appropriate Minister shall apply to such Minister for approval and shall furnish such information and documents relating to the subject matter and circumstances of the desired contract as that Minister shall require. 5. Approval of contracts (1) Upon receiving information under section 4 (2), the appropriate Minister may, if satisfied that it is in the public interest so to do, approve the making of a contract. (2) The appropriate Minister may, to the extent that he is satisfied that it is in the public interest so to do, attach conditions to his approval of the making of any contract for which his written approval is required, which conditions may relate to the parties to or the period or other terms of the contract, and shall be expressed in writing. 6. Power of appropriate Minister to require information The appropriate Minister may require any statutory body to furnish him with such information relating to its requirements with regard to the supply of goods or services as he considers desirable to enable him to…

CHAPTER 18:06PUBLIC STORES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Marks in First Schedule appropriated for public stores 4. Marks in Schedules to be prima facie proof of ownership by Government 5. Obliteration with intent to conceal 6. Power to amend First Schedule Schedules 16 of 1966 An Act to make provision for the marking of stores the property of the Government, the proof of ownership of such stores, for offences in relation to the marking of stores and for matters connected therewith and incidental thereto 1. Short title This Act may be cited as the Public Stores Act. 2. Interpretation In this Act, unless the context otherwise requires­— “Government property” and “property of the Government” means any property of the Government of Malawi; “stores” includes all goods and chattels and any single store or article. 3. Marks in First Schedule appropriated for public stores (1) The marks set forth in the First Schedule may be applied in or on stores therein described in order to denote the property of the Government in stores so marked. (2) Any person who, without lawful authority or excuse, (the proof of which authority or excuse shall lie upon the person accused) applies any of the said marks on any stores described in the First Schedule shall be guilty of a misdemeanour and shall be liable to imprisonment for two years. 4. Marks in Schedules to be prima facie proof of ownership by Government Where in any proceedings, whether under this Act or under any other law and irrespective of whether such proceedings be of a criminal or of a civil nature, it is proved that any stores which are the subject matter of such proceedings have had applied thereto any of the marks described in the First or the Second Schedule, such proof shall be prima facie evidence that such stores are the property of the Government. 5. Obliteration with intent to conceal Any person who, with intent to conceal the property of the Government in any stores, takes out, destroys or obliterates, wholly or in part, any mark described in the First or the Second Schedule shall be guilty of a felony and shall be liable to imprisonment for seven years. 6. Power to amend First Schedule The Minister may, by notice published in the Gazette, add to or delete from the stores and marks set forth in the First Schedule. FIRST SCHEDULE Marks Appropriated for Public Stores StoresMarks Manilla RopeA green coloured thread laid up with the yarn Any stores other than those enumerated aboveThe letters “MG” SECOND SCHEDULE MG, NG, RNG, the coat of arms of the former Federation of Rhodesia and Nyasaland, the coat of arms of the former Nyasaland Protectorate. STATUTORY BODIES (CONTROL OF CONTRACTS) CHAPTER 18:07 Current Pages Page L.R.o. 1–2 . . . . . . . . 1/2000 3–4 . . . . . . . . 1/1974 5–8 . . . . . . . . 1/2015 Statutory Bodies (Control of Contracts) Cap. 18:07