Category: Principal Legislation

CHAPTER 14:07SUPPLIES CONTROL ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Obtaining of supplies by certain organizations etc. 4. Rendering supplies to certain organizations etc. 5. Powers of inspection 6. Liability to forfeiture and powers of seizure 7. Offences and penalties 19 of 196647 of 1966 An Act to provide for the control of supplies to certain associations and organizations, and for other matters connected therewith 1. Short title This Act may be cited as the Supplies Control Act. 2. Interpretation In this Act, unless the context otherwise requires— “officer” means any police officer or any person authorized by the Minister to perform duties under this Act; “supplies” includes any form of cash, goods, arms, travel voucher, ticket or other property whatsoever, whether by way of gift, loan or otherwise. 3. Obtaining of supplies by certain organizations etc. (1) Subject to subsection (2), no association, organization or body of persons, whether corporate or unincorporate, and no person acting on behalf of such association, organization or body of persons, shall obtain, receive or accept supplies from any source outside Malawi, without the prior written consent of the Minister. (2) Subsection (1) shall not apply— (a) to any association, organization or body of persons bona fide carrying on any lawful trade or business in Malawi, provided that the supplies concerned are obtained solely for the purpose of such trade or business; (b) to persons, associations or organizations obtaining, receiving or accepting supplies solely for legitimate social or domestic purposes; (c) to such other associations, organizations or bodies of persons, or classes thereof, as may be specified by the Minister by notice published in the Gazette. 4. Rendering supplies to certain organizations etc. (1) Subject to subsection (2), no person shall render supplies to, or for the purposes of, any association, organization or body to which section 3 (1) applies, without the prior written consent of the Minister. (2) The Minister may exempt from subsection (1) such persons and such supplies as he may specify by notice published in the Gazette. 5. Powers of inspection Any officer who has reasonable grounds for believing that any offence has been or is being committed under this Act may require from any person the production for inspection of any book, document, record or paper which such officer considers may relate to or contain information regarding such offence. 6. Liability to forfeiture and powers of seizure Any supplies obtained, received or accepted in contravention of section 3 or any supplies rendered in contravention of section 4 shall be liable to forfeiture and may be seized by any officer. 7. Offences and penalties (1) Any person who contravenes any of the provisions of sections 3 or 4 shall be liable to a fine of £1,000 and to imprisonment for five years. (2) Any person who in any way obstructs the exercise of the powers of inspection under section 5 or the powers of seizure under section 6 shall be liable to a fine of £500 and to imprisonment for three years.

CHAPTER 53:01PROFESSIONAL QUALIFICATIONS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Recognition of external professional qualifications 4. Power to amend Schedule 29 of 196517 of 197224 of 1972G.N. 174/1965 An Act to make provision for the recognition of certain professional qualifications in Malawi 1. Short title This Act may be cited as the Professional Qualifications Act. 2. Interpretation In this Act, unless the context otherwise requires— “Minister” means the Minister responsible for the administration or supervision of the profession concerned; “profession” means a profession set forth in the Schedule. 3. Recognition of external professional qualifications Subject to Section 5, it shall be lawful for the Minister, by notice published in the Gazette, to specify the qualifications which in any country outside Malawi confer the right to practise a particular profession in that country as entitling, with or without further qualification or examination, a person to the membership and practice of that profession in Malawi. 4. Power to amend Schedule It shall be lawful for the Minister from time to time, by notice published in the Gazette, to add to or delete from the list of professions set forth in the Schedule. 5. Act not to apply in case of professions expressly provided for in certain laws, etc. This Act shall not apply in relation to any profession where there is in force in respect of such profession any written law, expressly enacted for the purpose, which makes provision for qualification for membership of, and the right to practise, such profession in Malawi. SCHEDULE AccountantOptician AgronomistPatent Agent ArchivistPhysiotherapist AuditorProfessional Agriculturist BiologistProfessional Forester BotanistRadiographer Clerk of WorksStatistician Company SecretarySurveyor GeologistTeacher Land ValuerTown Clerk Master MarinerTrade Mark Agent Oculist

CHAPTER 40:03INTERNATIONAL FINANCE CORPORATION AND THE INTERNATIONAL DEVELOPMENT ASSOCIATION AGREEMENTS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Acceptance of agreements 4. Financial and other provisions 5. Reserve Bank of Malawi authorized to act as depository 6. Regulations 9 of 1965 An Act to provide for acceptance by Malawi of the international agreements for the establishment and operation of the International Finance Corporation and the International Development Association and to provide for matters related thereto or connected therewith Whereas on the 11th day of April, 1955, and on the 26th day of January, 1960, respectively, the Executive Directors of the International Bank for Reconstruction and Development approved Articles of the following respective Agreements, that is to say— (a) an agreement (hereafter in this Act referred to as ‘‘the Finance Corporation Agreement”), which term shall be taken to include all subsequent amendments thereof, for the establishment and operation of an international body to be known as the International Finance Corporation (hereafter in this Act referred to as ‘‘the Corporation”); and (b) an agreement (hereafter in this Act referred to as ‘‘the Development Association Agreement”), which term shall be taken to include all subsequent amendments thereof, for the establishment and operation of an international body to be called the International Development Association (hereafter in this Act referred to as ‘‘the Association”): And Whereas copies of the text of the articles of the Finance Corporation Agreement and the Development Association Agreement have been laid before the National Assembly: And Whereas it is expedient that Malawi becomes a member of the Corporation and of the Association and that provision be made for acceptance by Malawi of the Finance Corporation Agreement and the Development Association Agreement and for carrying out the obligations of Malawi thereunder: NOW, THEREFORE, be it enacted by the Parliament of Malawi— 1. Short title This Act may be cited as the International Finance Corporation and the International Development Association Agreements Act. 2. Interpretation In this Act, unless the context otherwise requires, ‘‘Minister’’ means the Minister for the time being responsible for the administration of the Act. 3. Acceptance of Agreements The Minister, or such person as may be authorized by him in that behalf in writing shall be empowered on behalf of the Government of Malawi— (a) to sign the Articles of the Finance Corporation Agreement and the Articles of the Development Association Agreement respectively; and (b) to deposit with the International Bank for Reconstruction and Development instruments of acceptance of the Finance Corporation Agreement and of the Development Association Agreement stating that the Government of Malawi accepts in accordance with its law the respective Agreements and the terms and conditions prescribed under the Resolution of the Board of Governors of the Corporation relating to membership of Malawi in the Corporation and under the Resolution of the Board of Governors of the Association relating to membership of Malawi in the Association as the terms upon which the Government of Malawi shall be admitted to membership of the Corporation and of the Association. 4. Financial and other provisions (1) There shall be charged on and paid out of the Consolidated Fund without further appropriation than this Act— (a) all payments required to be made from time to time to the Corporation under the Finance Corporation Agreement and the Resolution of the Board of Governors of the Corporation relating to membership of Malawi in the Corporation; and (b) all payments required to be made from time to time to the Association under the Development Association Agreement and the Resolution of the Board of Governors of the Association relating to membership of Malawi in the Association. (2) The Minister may, on behalf of the Government, create and issue to the Association such non-interest-bearing and non-negotiable notes or other obligations as are provided for by section 2 (e) of Article II of the Development Association Agreement, and any payments in respect of any such notes or obligations so created and issued shall be charged on and paid out of the Consolidated Fund. (3) For the purpose of providing any sums required for making any payments under this section, the Minister may, on behalf of the Government, raise loans by the creation and issue of securities bearing such rates of interest and subject to such conditions as to repayment, redemption or otherwise as he may think fit and the principal and interest of such securities and the charges and expenses incurred in connection with their issue shall be charged on and paid out of the Consolidated Fund. (4) Any moneys received by the Government from the Corporation or the Association or raised under subsection (3) shall be paid into and form part of the Consolidated Fund and shall be available in any manner in which moneys from that Fund are available. (5) The provisions…

CHAPTER 40:02BRETTON WOODS AGREEMENT ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Acceptance of Agreement 4. Financial and other provisions 5. Reserve Bank of Malawi authorized to as depository 6. Regulations Schedule 7 of 196540 of 196831 of 19748 of 197712 of 199110 of 20023 of 201019 of 2012 An Act to provide for acceptance by Malawi of the Agreements for the International Monetary Fund and the International Bank for Reconstruction and Development and to provide for matters related thereto 1. Short title This Act may be cited as the Bretton Woods Agreement Act. 2. Interpretation (1) In this Act unless the context otherwise requires— 40 of 1968 “Bank” means the International Bank for Reconstruction and Development; “Bank Agreement” means the agreement for the establishment and operation of the Bank; “Fund” means the International Monetary Fund; “Fund Agreement” means the agreement for the establishment and operation of the Fund. (2) For the purposes of sections 4, 5, 6 and the Schedule— (a) “Fund Agreement” shall mean the Fund Agreement as read and construed with the amendments approved by the Board of Governors of the Fund in Resolution 23–5 of 31st May, 1968, and with the further amendments approved by the said Board of Governors in Resolution 29–10 of 30th April, 1976; (b) The Special Drawing Rights Department established to implement the special drawing rights facility in accordance with the Fund Agreement shall be and be deemed to be part of the Fund. 3. Acceptance of Agreement The Minister, or such person as may be authorized by him in that behalf in writing, shall be empowered on behalf of the Government of Malawi— 8 of 1977 10 of 2003 (a) to sign the Articles of the Fund Agreement and the Articles of the Bank Agreement, respectively; (b) to deposit with the Government of the United States of America instruments of acceptance of the Fund Agreement and of the Bank Agreement stating that the Government of Malawi accepts in accordance with its law the respective Agreements and the terms and conditions prescribed under the Resolution of the Board of Governors of the Fund relating to membership of Malawi in the Fund and under the Resolution of the Board of Governors of the Bank relating to membership of Malawi in the Bank as the terms upon which the Government of Malawi shall be admitted to membership of the Fund and of the Bank; (c) to accept the amendments to the Fund Agreement approved by the Board of Governors of the Fund in Resolution 23–5 of 31st May, 1968, and to execute and deposit with the Fund an instrument in which the Government of Malawi undertakes all of the obligations of a participant in the Special Drawing Account in accordance with its laws, and confirm that it has taken all steps necessary to enable Malawi to carry out all such obligations and to give effect to such amendments; 8 of 1977 (d) to accept the amendments to the Fund Agreement approved by the Governors of the Fund in Resolution 29–10 of 30th April, 1976, and to execute and deposit with the Fund an instrument in which the Government of Malawi undertakes all of the obligations of a participant in the Special Drawing Rights Department in accordance with its laws, and confirm that it has taken all steps necessary to enable Malawi to carry out all such obligations and to give effect to such amendments: (e) to accept the Third Amendment to the Fund Agreement approved by the Board of Governors of the Fund in Resolution 45–3 of 28th June, 1990, and to execute and deposit with the Fund an instrument in which the Government of Malawi accepts the Third Amendment; 12 of 1991 (f) to accept the Fourth Amendment to the Fund Agreement approved by the Board of Directors of the Fund in Resolution No. 52–4 on 23rd September, 1997, and to execute and deposit with the Fund an instrument in which the Government of Malawi accepts the Fourth Amendment; 10 of 2002 (g) to accept the Voice and Participation Amendment to the Fund Agreement approved by the Board of Governors of the Fund in Resolution No. 63 (2) of 28th March, 2008, and to execute and deposit with the Fund an instrument in which the Government of Malawi accepts the Voice and Participation Amendment; and 3 of 2010 3 of 2010 (h) to accept the Investment Authority Amendment to the Fund Agreement approved by the Board of Governors of the Fund in Resolution No. 63 (3) of 5th May, 2008, and to execute and deposit with the Fund an instrument in which the Government of Malawi accepts the Investment Authority Amendment. 19 of 2012 (i) to accept the amendment to the Fund Agreement contained in resolution No. 66-2 of 15th December…

CHAPTER 38:01GOVERNMENT SECURITIES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Application of Act 3. Provision for payment of money due to stockholder 4. Certificate of paying agent 5. Certain legislation to be agreed with the United Kingdom Government 25 of 1964 An Act to make a further and better provision to facilitate the Investment of Trust and other Funds, held in the United Kingdom, in Malawi Government Securities 1. Short title This Act may be cited as the Government Securities Act. 2. Application of Act This Act shall apply to all securities heretofore or hereafter created or issued in the United Kingdom on behalf of the Government of Malawi— (a) in which a trustee might at any time have invested by virtue of section 2 of the Colonial Stock Act, 1900; or (b) by the conditions of issue of which it is provided that this Act shall apply to them, each and all of which securities are hereinafter referred to as ‘‘Malawi Government Securities”. 3. Provision for payment of money due to stockholder (1) Whenever, by the final judgment, decree, rule or order of any court of competent jurisdiction in the United Kingdom, any sum of money is adjudged or declared to be payable by the Government of Malawi in respect of any Malawi Government Securities, that sum shall, without further appropriation than this Act, be charged upon and paid out of the Consolidated Fund, and adequate funds (as and when required) shall be made available in the United Kingdom by the Government of Malawi to meet any such final judgment, decree, rule or order. (2) For the purpose of this section, ‘‘final judgment, decree, rule or order’’ means, in case of appeal, the final judgment, decree, rule or order of the ultimate court hearing the appeal. 4. Certificate of paying agent A certificate specifying the sum paid under order of any such court as aforesaid to satisfy any such final judgment, decree, rule or order and issued by the agent in the United Kingdom of the Government of Malawi authorized to make such payment shall be sufficient authority to the Auditor General or other officer having the auditing of accounts of such agent for passing such sum without further appropriation. 5. Certain legislation to be agreed with the United Kingdom Government Legislation which appears to the Government of the United Kingdom to alter any of the provisions affecting Malawi Government Securities to the injury of the holders thereof, or to involve a departure from the original contract in regard to those Securities, shall not become law save after agreement with the Government of the United Kingdom, and if attention is drawn to such legislation after the passing thereof, the Government of Malawi will take the necessary steps to ensure such amendment thereto as may be requested by the Government of the United Kingdom. 63 and 64 Vict. c. 62

CHAPTER 30:03MALAWI BOOK SERVICE ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment of Malawi Book Service 4. Constitution of Board 5. Disqualification of members of the Board 6. Transfer of assets and liabilities of the African Book Centre to the Board 7. Functions of the Board 8. Officers and employees of the Malawi Book Service 9. Financial provisions 10. Financial policy 11. Advances by Government 12. Access to commercial credit facilities 13. Borrowing powers 14. Transfer of functions 15. Acquisition of land 16. General powers of the Minister 17. Accounts and reports 18. Legal proceedings 19. Indemnity for all acts done bona fide 20. Regulations 28 of 19833 of 19678 of 1980 An Act to provide for the establishment of the Malawi Book Service and for the establishment of a Board of Management thereof and for matters connected therewith and incidental thereto 1. Short title This Act may be cited as the Malawi Book Service Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘African Book Centre’’ means the unincorporated body known as “The African Book Centre”, established in 1949 as an agency of the Northern Rhodesia and Nyasaland Publications Bureau to distribute and sell the products of that Bureau; ‘‘Board’’ means the Board of Management of the Malawi Book Service appointed under section 4 (2); ‘‘educational supplies’’ means books, stationery, furniture, equip­ment, visual aid apparatus and educational aids of every kind habitually used or capable of being used in the course of or for the purpose of providing or assisting in the provision of instruction in schools or other educational establishments; ‘‘Malawi Book Service’’ means the Malawi Book Service established under section 3; ‘‘member’’ includes the chairman of the Board. 3. Establishment of Malawi Book Service There is hereby established the Malawi Book Service which shall be a body corporate by that name with perpetual succession and a common seal, with power to alter and change the same from time to time, and which shall be capable in law of suing and being sued, of purchasing, holding, letting and alienating land and of doing and performing such acts and things as bodies corporate may by law do and perform, subject to this Act. 4. Constitution of Board (1) The operation of the Malawi Book Service shall, subject to this Act, be controlled by a Board of Management. (2) (a) The Board shall consist of the following members appointed at his discretion by the Minister— (i) a chairman; (ii) a vice-chairman; (iii) not less than four or more than five other members as the Minister may determine. 8 of 1980 (b) Every member of the Board shall hold office for two years and subject thereto shall hold office in accordance with such terms and conditions as the Minister may at his discretion attach to his appointment. (c) Any member of the Board may resign from the Board on giving notice thereof in writing to the Minister. (d) Any member of the Board shall on the termination of his appointment be eligible for re-appointment. (3) The chairman shall preside over meetings of the Board, but in his absence the vice-chairman shall act as chairman, and in the absence of both chairman and the vice-chairman from any meeting of the Board the members present shall elect one of their number to perform the functions of chairman. (4) The Minister may appoint alternate members to act in case any member of the Board is unable to be present at any meeting of the Board through illness or for any other cause. (5) The decisions of the Board shall be taken by a majority of the votes of the members present and voting: Provided that— (a) the chairman at any meeting shall have a casting as well as a deliberative vote; (b) no member of the Board shall take part in the consideration or discussion of or vote upon any decision of the Board on any matter in which he has any pecuniary or other personal interest, direct or indirect. (6) The validity of any proceedings of the Board shall not be affected by any vacancy among the members thereof, or by any defect in the appointment of any member thereof. (7) The members of the Board may be paid such allowances or reimbursements as the Minister may from time to time authorize. (8) The Board may from time to time, and subject to this Act, make standing orders for regulating— (a) The mode and order of proceedings of the Board; (b) the quorum necessary to constitute the meetings of the Board; (c) the method of convening such meetings; (d) the place of such meetings; and (e) any other matters relating to the proper conduct of the business of the Board and its meetings. 5. Disqualification of members of…

CHAPTER 32:01BUILDING SOCIETIES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application 4. Prohibition of terminating societies 5. Appointment of Registrar 6. Indemnity of the Registrar PART IIFORMATION AND REGISTRATION 7. Prohibition of unregistered society 8. Formation of societies 9. Certificates, etc., to be evidence 10. Maintenance of register 11. Effect of registration 12. Names of societies 13. Registration of existing societies 14. Application by Registrar for winding up 15. Contents of rules of societies 16. Rules to be open 17. Common seal PART IIIMANAGEMENT OF SOCIETIES 18. Directors 19. Election of directors 20. Validity of acts of directors 21. Disqualification for appointment as director 22. Duty of director to disclose interest 23. Auditors 24. Disqualifications for appointment as auditor 25. Officers, etc., not to accept gifts 26. Restriction of payment of commissions 27. Provisions excluding liability of officers forbidden PART IVPOWERS OF SOCIETIES 28. Power to borrow 29. Restriction on acquiring land, etc. 30. Power to make advances 31. Special advance 32. Advances to be reducible advances 33. Society may make further advances for certain purposes 34. Limitation on making advances 35. Special advances on default of debtor 36. Valuation of property for purposes of advance 37. Valuer must have no pecuniary interest in advance 38. Minister may guarantee repayment of advances 39. Limit of amount of advance when Minister has guaranteed repayment 40. Notice to be given where security for advance is taken from a third party 41. Power to invest 42. Restrictions on borrowing 43. General reserve fund 44. Restriction on payment of dividends PART VMEETINGS AND PERIODICAL RETURNS 45. Annual general meeting 46. Other meetings 47. Annual account and statement 48. Returns of sales and transfers PART VIMISCELLANEOUS PROVISIONS 49. Books and records to be kept by society 50. Rules to be binding on members and others 51. Duty to supply copy of rules 52. Evidence of rules 53. Persons under 21 54. Deposits may be held jointly 55. Prohibition of balloting 56. Implied warranty 57. Exercise of power of sale 58. Lost or destroyed share certificates, etc. 59. Inspection of documents by public 60. Exemptions from stamp duty 61. Financial year of society 62. Conditions relating to deposits and permanent shares 63. Conditions relating to the issue and transfer of permanent shares 64. Conditions relating to savings deposits 64A. Waiver of condition or limitation 65. Repayment of deposits at maturity 66. Misleading advertisements PART VIICHANGE OF NAME, ADDRESS, OFFICERS AND CONSTITUTION 67. Change of name 68. Change of address 69. Change of directors 70. Alteration of rules 71. Penalties PART VIIIAMALGAMATION OF SOCIETIES AND TRANSFER OF ENGAGEMENTS 72. Amalgamation of Societies 73. Transfer of engagements 74. Transfer of engagements by an existing society 75. Registration of transfers, etc., to operate as conveyance 76. Registration of certificates under Deeds Registration Act 77. Exemption from stamp duty, etc. 78. Creditors not prejudiced PART IXDETERMINATION OF DISPUTES 79. Determination of disputes 80. Determination of disputes by the High Court 81. Determination of disputes by arbitrators to be final PART XPOWERS OF THE REGISTRAR 82. Powers to require production of book, etc. 83. Inspection 84. Power of Registrar to call a meeting PART XIDISSOLUTION 85. Dissolution 86. Instruments of dissolution 87. Dissolution by the High Court 88. Powers of liquidators and trustees 89. Liabilities of members and others on dissolution 90. Account and balance sheet sent on dissolution 91. Dissolution by order of Registrar PART XIIOFFENCES 92. Withholding or misapplying property of a society an offence 93. False statements 94. General penalty PART XIIIGENERAL 95. Rules of court 96. Regulations 97. Non-compliance not to invalidate advance 98. Investments in societies to be trustee securities 99. Minister may guarantee liquidity of a society 100. Power of Minister to permit act by less than all members 101. Delegation of certain of the Minister’s powers and duties to the Reserve Bank Schedule 11 of 1964(N)1 of 19652 of 196725 of 196839 of 196851 of 197139 of 19819 of 198522 of 19899 of 1998G.N. 219/1964(N)121/198144/1992 An Act to amend and consolidate the law relating to building societies and to amend the law relating to the investment of trust moneys by trustees and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Building Societies Act. 2. Interpretation In this Act, unless the context otherwise requires— 33 of 1952 ‘‘additional advance’’ means a sum of money lent by a society under section 30 (3) (b); ‘‘advance’’ means a sum of money lent by a society under section 30 (3) (a); ‘‘approved investment’’ means an investment by a society, other than an investment in another society, being an investment for the time being authorized by law in Malawi for investment of trust moneys; ‘‘Board of directors’’, in relation to a society, means…

CHAPTER 3:01SUPREME COURT OF APPEAL ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IICONSTITUTION AND GENERAL POWERS OF SUPREME COURT OF APPEAL 3. Constitution of the Supreme Court of Appeal 4. Judge not to sit on an appeal from his own decision 5. Officers of the Court 6. Seal 7. Powers of a single member 8. Procedure and practice 9. Effect of judgment of Court 10. Right of audience PART IIICRIMINAL APPEALS 11. Appeal in criminal cases 12. Determination of appeals in ordinary cases 13. Powers of Court in special cases 14. Powers of Court in relation to an order ancillary to conviction 15. Detention as unconvicted prisoner 16. Supplementary powers of Court 17. Time for appealing 18. Stay of execution of sentence of death or corporal punishment 19. Right of appellant to be present 20. Statement of case on question of law arising on appeal PART IVCIVIL APPEALS 21. Civil appeals 22. Powers of the Court on an appeal in civil matters PART VMISCELLANEOUS 23. Time for appealing 24. Admission of appellant to bail and custody when attending court 25. Administration of oaths 26. Warrant for production of appellant before Court 27. Rules of Court 40 of 196317 of 1964(N)13 of 196524 of 19685 of 197119 of 19731 of 2004G.N. 219/1964(N)137/1966263/1969 An Act to make provision for the constitution of the Supreme Court of Appeal, the jurisdiction thereof, the procedure therein and matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Supreme Court of Appeal Act. 2. Interpretation In this Act, unless the context otherwise requires— “Chief Justice” means the Chief Justice of Malawi appointed under section 63 of the Constitution; “judge” includes the Chief Justice; “judgment” includes decree, order, sentence and decision; 5 of 1971 “lower court” means a subordinate court; “member” means a member of the Supreme Court of Appeal specified in section 67 (2) of the Constitution; “rules of court” mean rules of court made under this Act. PART IICONSTITUTION AND GENERAL POWERS OF SUPREME COURT OF APPEAL 3. Constitution of the Supreme Court of Appeal (1) This Act shall apply to the Supreme Court of Appeal for Malawi, hereinafter referred to as “the Court”, established under section 67 of the Constitution. 1 of 2004 (2) In the absence of the Chief Justice, the senior member of Court shall preside. (3) Subject to the provisions of this Act— (a) for the purpose of the hearing and determination of appeals, the Court shall be constituted of the Chief Justice or other member presiding, and two other members; (b) for the purpose of the hearing and determination of an appeal, if the question before the Court expressly or substantially relates to or concerns the interpretation or application of the Constitution, the Court shall be constituted of the Chief Justice or other member presiding, and four other members; (c) the determination of any question before the Court shall be according to the opinion of the majority of the members of the Court hearing the appeal. 4. Judge not to sit on an appeal from his own decision A judge shall not sit as a member on the hearing of an appeal from any judgment given by himself or given by any court on which he was sitting. 5. Officers of the Court The Registrar of the High Court shall be the Registrar of the Court and every deputy Registrar of the High Court shall be a deputy Registrar of the Court. 6. Seal The Court shall have a seal, having a device or impression approved by the Minister, with the inscription—“Supreme Court of Appeal”. 7. Powers of a single member A single member of the Court may exercise any power vested in the Court not involving the hearing or determination of an appeal: Provided that— (a) in criminal matters, if a single member refuses an application for the exercise of any such power, the applicant shall be entitled to have his application determined by the Court; (b) in civil matters, any order, direction or decision made or given in pursuance of the powers conferred by this section may be varied, discharged or reversed by the Court. 8. Procedure and practice The practice and procedure of the Court shall be in accordance with this Act and any rules of court made thereunder: Provided that if this Act or any rules of court made thereunder does not make provision for any particular point of practice and procedure then the practice and procedure of the Court shall be— (a) in relation to criminal matters, as nearly as may be in accordance with the law and practice for the time being observed in the Court of Criminal Appeal in England; (b) in relation to civil matters, as nearly as may…

CHAPTER 15:03IMMIGRATION ARRANGEMENT OF SECTIONS SECTION PRELIMINARY 1. Short title 2. Interpretation 3. Appointment of immigration officers PART IIMMIGRATION GENERALLY 3A. Disciplinary regulations 4. Prohibited immigrants 5. Production of identity documents 6. Exemptions by Minister 7. Prohibition of entry of prohibited immigrant 8. Appeals 9. Jurisdiction of courts 10. Removal of prohibited immigrants 11. Place of entry by prohibited immigrant 12. Persons who are not prohibited immigrants 13. Persons required to appear before immigration officer 14. Detention of suspected prohibited immigrant 15. Detention of prohibited immigrant pending deportation 16. Prohibited immigrant subject to the Act despite entry into Malawi 17. Temporary permits 18. Powers of search, etc. 19. Evidence 20. Certificates of identity PART IIRESIDENCE AND OTHER PERMITS 21. Restrictions on immigration 22. Permanent residence permits 23. Exemptions from section 23 (1) 24. Temporary residence permits 24A. Business residence permit 25. Temporary employment permits 26. Visitor’s permit 27. Permit holders not exempted from provisions of other Parts 28. Cancellation of permits 29. Production of documents 30. Presumptions 31. Permits to attend educational institutions 32. Power to delegate PART IIIGENERAL 33. Re-entry of prohibited immigrant 34. Misuse of documents 35. Forgery of documents 36. Aiding and abetting unlawful entry 37. Other offences 38. Saving 39. Deportation 40. Regulations 41. Delegation of powers 42. Repatriation of alien women 43. Person absent from Malawi for two years to report return 41 of 196320 of 1964(N)60 of 196637 of 19679 of 197024 of 197213 of 197423 of 198621 of 198727 of 199030 of 199112 of 199219 of 199219 of 1995G.N. 219/1964(N)155/1964(M)147/1987 An Act to regulate the entry of persons into Malawi, to prohibit the entry into Malawi of undesirable persons, to make provision for the deportation from Malawi of undesirable persons and to provide for matters incidental to the foregoing PRELIMINARY 1. Short title This Act may be cited as the Immigration Act. 2. Interpretation In this Act, unless inconsistent with the context— “Chief Immigration Officer” means any person appointed as a Chief Immigration Officer in terms of section 3; “dependent relative”, in relation to any person, means his child, step-child, adopted child, grandchild, father, mother, grandfather, grandmother, brother, sister, uncle, aunt, nephew, niece, greatnephew, or greatniece, or any such relative of his spouse, who by reason of infirmity of mind or body, is wholly dependent upon such person, and is living with such person; “Deputy Chief Immigration Officer” means any person appointed as a Deputy Chief Immigration Officer in terms of section 4; “immigration officer” means any person appointed as an immigration officer in terms of section 3 and includes a Chief Immigration Officer and Deputy Chief Immigration Officer; “magistrate” means a Resident Magistrate or a magistrate of the first or second grade; “magistrate’s Court” means a court of a Resident Magistrate or a court of a magistrate of the first or second grade; “police officer” means a member of the Malawi Police Force established under the Police Act; “police force” means the Malawi Police Force established under the Police Act; “prison” means a prison established under the Prisons Act. 24 of 1972 30 of 1991 12 of 1992 19 of 1992 19 of 1995 3. Appointment of immigration officers (1) The Minister may appoint any person in the public service of Malawi to be a Chief Immigration Officer, Deputy Chief Immigration Officer or an immigration officer, by whatever suitable title designated, for the purposes of this Act. (2) The Minister may confer all or any of the powers and impose all or any of the duties of an immigration officer upon any person in the public service of Malawi or upon any police officer. (3) Any immigration officer shall, in the discharge of his functions, the exercise of his powers or the performance of his duties under this Act, be subject to the general or special directions of the Minister. PART IIMMIGRATION GENERALLY 27 of 1990 3A. Disciplinary regulations The Minister may make regulations for the disciplinary control of immigration officers and such regulations may be made to apply generally, or may make separate provisions for different ranks of immigration officers. 4. Prohibited immigrants (1) Subject to this Act, the following persons shall be prohibited immigrants and their entry into or presence within Malawi shall be unlawful— (a) any person deemed by the Minister on economic grounds, or on account of standard or habits of life, to be an undesirable inhabitant or to be unsuited to the requirements of Malawi; (b) any person who is unable, by reason of deficient education, to read and write any one of any class of language as may be prescribed by the Minister by regulation to the satisfaction of an immigration officer; (c) any person who at the time of his entry is likely to become a public charge by reason of infirmity of mind or…

CHAPTER 32:02MALAWI HOUSING CORPORATION ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment of the Corporation and powers and functions thereof 4. Status of the Corporation 5. Constitution of the Corporation 6. Disqualification of members of the Corporation 7. Financial policy of the Corporation 8. Loans by the Corporation 9. Repayment of, and interest on, advances 10. Borrowing powers 11. Consequential provisions on transfer of functions 12. Acquisition of customary land 13. Employees of the Corporation 14. Power of Minister to give directions 15. Accounts, audit and reports 16. By-laws 21 of 196320 of 196616 of 197021 of 19705 of 197124 of 19728 of 198026 of 198827 of 20166 of 2017G.N. 16/1964(M)137/196665/2017 An Act to provide for the establishment of a Malawi Housing Corporation and for purposes connected therewith *Section 3 (2) (d) of this Act came into force on the 1st February, 1965 (G.N. 36/1965). 1. Short title This Act may be cited as the Malawi Housing Corporation Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Corporation’’ means the Malawi Housing Corporation established under section 3; and ‘‘member’’ includes the Chairman of the Corporation. 3. Establishment of the Corporation and powers and functions thereof (1) There is hereby established in accordance with this Act, a body to be called the Malawi Housing Corporation. 26 of 1988 27 of 2016 (2) The Corporation shall have power— (a) to undertake the management of houses, classes of houses and housing estates as the Minister may entrust to the Corporation, and the Corporation shall be at liberty to charge a fee for management of the houses, classes of houses or housing estates where the Corporation has not been given their beneficial ownership; (b) to develop, build, manage, control or sell houses, housing estates or buildings at the request of any person, at a fee or in partnership with a person; (c) to enter into agreements with contractors or agents or any person or organization whether public or private for the construction, development, maintenance, management, supervision or sale of houses, housing estate, buildings or any landed property; (d) to build or to permit or assist in the building of commercial buildings or any type of building or to purchase commercial landed property, on any land owned, leased or controlled by the Corporation; (e) to acquire and dispose of interests in movable property; (f) to purchase, hold, manage, lease or otherwise dispose of any interests in, or attaching to land: Provided that a lease to the Corporation under section 12 of the Land Act shall not be disposed of by assignment; (g) with the approval of the Minister, and subject to the provisions of the Public Finance Management Act, to borrow such sums of money as may be required for the purpose of discharging its functions by way of— (i) loan; (ii) issue of stocks or bonds; (iii) mortgage; (iv) bank draft; or (v) any other source approved by the Minister and the Minister responsible for Finance; and (h) to do all such things as are necessary, incidental or conducive to the performance of the foregoing powers. (3) Subject to the provisions of this Act, the Corporation shall have the function of continuously providing housing accommodation and reviewing housing needs of the people of Malawi, and shall— (a) undertake the development and construction of houses and housing estates; (b) carry out surveys of housing requirements for Malawians, at a fee; (c) undertake, support and encourage research, either by itself or in conjunction with a local authority or any person, into all housing aspects, including suitability, adaptability, and methods of building and development with particular reference to the construction of houses, and all matters connected therewith, at a fee; (d) undertake and encourage the collation and dissemination of scientific, economic, social and other data concerning housing and other connected matters at a fee; (e) advise and assist any local authority or person in the preparation of proposals and programmes for the construction of houses and to assist in carrying out of such proposals and programmes at a fee; and (f) provide town planning, consultancy and other services in relation to housing programmes at a fee. 4. Status of the Corporation The Corporation shall be a body corporate with perpetual succession and a common seal, and may in its corporate name sue and be sued. 5. Constitution of the Corporation (1) The Corporation shall consist of a Chairman, a Deputy Chairman, and four other members all of whom shall be appointed by the Minister. The Deputy Chairman shall preside at the meetings of the Corporation in the absence or inability to act of the Chairman. The Chairman, or, in his absence or inability to act, the Deputy Chairman, and any three other members shall form a quorum. 16 of 1970 8 of…