Category: Principal Legislation

CHAPTER 49:02PATENTS ARRANGEMENT OF SECTIONS SECTION PRELIMINARY 1. Short title 2. Interpretation PART IADMINISTRATION 3. Establishment of Patent Office 4. Appointment of officers 5. Seal 6. Register of patents PART IIINTERNATIONAL PROVISIONS 7. Convention arrangements 8. Convention applications 9. Special provisions as to vessels, aircraft and land vehicles 10. Protection of inventions communicated under international agreements 10A. Patents granted under the Protocol PART IIIAPPLICATIONS GENERALLY 11. Persons entitled to make application 12. Form of application 13. Complete and provisional specifications 14. Contents of specification 15. Effective date of claims of complete specification 16. Examination of applications and specifications 17. Ante-dating and post-dating of applications 18. Refusal of application in certain cases 19. Powers of Registrar if specification or application defective 20. Lapsing of applications 21. Acceptance and publication of complete specification 22. Opposition to grant of patent 23. Substitution of applicants 24. Provisions for secrecy of certain inventions PART IVGRANT, EFFECT AND TERM OF PATENT 25. Grant and sealing of patent 26. Amendment of patent granted to deceased applicant 27. Date of patent 28. Extent, effect and form of patent 29. Term of patent 30. Extension of patent 31. Patents of addition 32. Renewal of patents 33. Restoration of lapsed patents 34. Protective provisions to be inserted in order for restoration of patent 35. Endorsement of patent “licences of right” 36. Cancellation of endorsement made under section 35 37. Compulsory licence in case of abuse or insufficient use of patent rights 38. Inventions relating to food or certain other commodities 39. Supplementary provisions as to licences 40. Use of patented inventions for services of the Government 41. Special provisions as to Government use during emergency 42. Reference of disputes as to Government use PART VSPECIAL PROVISIONS RELATING TO SPECIFICATIONS, ANTICIPATION AND RIGHTS IN INVENTIONS 43. Amendment of specification by Registrar 44. Amendment of specification with leave of Court or Patents Tribunal 45. Restrictions on recovery of damages in certain cases 46. Savings for anticipation 47. Co-ownership of patents 48. Disputes as to inventions made by employees 49. Avoidance of certain restrictive conditions in contracts 50. Revocation of patents 51. Consequences of revocation on grounds of fraud 52. Surrender of patents PART VIINFRINGEMENTS 53. Procedure and conditions in action for infringement 54. Relief for infringement of partially valid specification 55. Restrictions on recovery of damages for infringement 56. Remedy for groundless threats of infringement proceedings 57. Power of Court to make declaration as to non-infringement PART VIIASSIGNMENTS AND CORRECTIONS 58. Provisions as to assignments 59. Power of Registrar to authorize corrections 60. Rectification of register PART VIIIFUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS 61. Evidence of certain entries and documents 62. Requests for information as to patent or patent application 63. Loss or destruction of patent 64. Exercise of discretionary powers of Registrar 65. Proceedings before Registrar 66. Advertisements to be approved by Registrar PART IXPATENT AGENTS 67. Patent agents and their functions 68. Qualification and registration of patent agents 69. Removal of names from register of patent agents 70. Privileges of legal practitioners 71. Entitlement to practise as patent agent 72. Prohibition of certain acts by patent agents PART XPATENTS TRIBUNAL AND APPEALS 73. Appeals from Registrar 74. Patents Tribunal 75. General powers of Patents Tribunal 76. Right of audience 77. Costs and security for costs 78. Appeals to High Court 79. Assessors 80. Time for appeals 81. Rules 82. References to Patents Tribunal by Registrar PART XIOFFENCES AND PENALTIES 83. Falsification of certain documents 84. Deceiving or influencing the Registrar or an officer 85. Witness giving false evidence 86. Prohibition on trafficking in patents by officers in Patent Office 87. Unauthorized claim of patent right 88. Unauthorized use of certain words 89. Penalties PART XIIMISCELLANEOUS 90. Lodging and authentication of documents 91. Oaths and affirmations 92. Expenses of administration 93. Provisions as to fees 94. Saving for certain forfeitures 95. Patent Journal 96. Power to make regulations PART XIIIAPPLICATION 97. Application of Act CHAPTER 49:02PATENTS 13 of 1957(F)12 of 1959(F)36 of 1960(F)1 of 1962(F)58 of 19659 of 1985G.N. 5/1964(M)166/1967 An Act to make provision relating to Patents for Inventions and for other purposes incidental thereto PRELIMINARY 1. Short title This Act may be cited as the Patents Act. 2. Interpretation (1) In this Act, unless inconsistent with the context— “applicant” includes a person in whose favour a direction has been given under section 23, or his legal representative; “article” includes any substance or material, and any equipment, machinery or apparatus, whether affixed to land or not; “assignee” means— (a) the person who has derived his title to the invention for Malawi directly or indirectly from the inventor thereof or from the latter’s assignee; or (b) the legal representative of such person; “Convention” means the Union Convention of Paris, dated the 20th March, 1883, for the…

CHAPTER 49:04MERCHANDISE MARKS ARRANGEMENT OF SECTIONS SECTION PRELIMINARY 1. Short title 2. Interpretation PART IAPPLICATION OF TRADE MARKS AND TRADE DESCRIPTIONS 3. Application of trade-marks and trade descriptions PART IIMARKING OF GOODS AND PROHIBITIONS IN RELATION TO TRADE MARKS AND TRADE DESCRIPTIONS 4. Certain acts deemed to be a forgery of a trade mark 5. Forgery of trade marks and other acts prohibited 6. Prohibition of sale of goods bearing forged trade mark or false trade description 7. Prohibition of sale of imported goods unless accompanied by indication of origin 8. Prohibition of sale of goods, whether made in Malawi or elsewhere, unless accompanied by indication of origin 9. Importation of certain goods prohibited 10. Manner of application of mark 11. Marking of goods on importation 12. Removal of indication of origin from imported goods prohibited 13. Indication of origin and compliance with specified standards in the case of certain classes of goods 14. Indication of origin of certain goods may be prescribed 15. Use of certain marks may be prohibited 16. Submission of representations by interested persons PART IIIMISCELLANEOUS 17. Implied warranty on sale of marked goods 18. Sale of goods in bottles marked with owner’s name 19. Appointment of inspectors and powers of police officers and inspectors 20. Evidence 21. Aiding and abetting offences 22. Limitation of prosecution 23. Offences and penalties 24. Forfeiture 17 of 1957(F)17 of 1959(F)G.N. 5/1964(M)137/1966 An Act to provide for the marking of goods for the prohibition, of the use of certain emblems and for matters incidental thereto PRELIMINARY 1. Short title This Act may be cited as the Merchandise Marks Act. 2. Interpretation In this Act, unless inconsistent with the context— “apply to” means to emboss, impress, engrave, etch or print upon, weave or otherwise work into or annex or affix to, and cognate expressions shall be construed accordingly; “bottle” means a bottle made of glass, earthenware or plastic material; “covering” includes any stopper, cask, bottle, vessel, box, cover, wrapper, capsule, case, frame or container; “customs officer” means any officer of the Department of Customs and Excise and any other person appointed by the Controller of Customs and Excise for the discharge of any duties in connexion with the administration of the Customs and Excise Act; “false trade description” means a trade description which is false in a material respect as regards the goods to which it is applied and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description false or misleading in a material respect and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act; “goods” means anything which is the subject of trade, manufacture or merchandise; “goods assembled externally” means goods assembled in any country outside Malawi; “goods manufactured externally” means goods manufactured, made or produced in any country outside Malawi; “goods mixed externally” means goods the ingredients of which have been mixed in any country outside Malawi and were manufactured, made or produced in— (a) a country other than the country in which they were mixed; or (b) more than one country; “inspector” means an inspector appointed under section 19; “label” includes any band or ticket; “mix” includes blend and cognate expressions shall be construed accordingly; “name” includes any abbreviation of or addition to a name; “offending mark” means— (a) in relation to goods manufactured externally, goods assembled externally or goods mixed externally— (i) a mark applied to those goods containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Malawi or the name of any town, place or District in Malawi; or (ii) a trade mark or trade description applied to those goods containing— (A) a direct or indirect reference to any town, place or district outside Malawi; or (B) a direct or indirect reference (other than the name of a country applied to those goods so as to indicate that they were manufactured, produced, assembled or mixed in that country) to a country outside Malawi; (b) in relation to goods manufactured, made, produced, assembled or mixed in Malawi a trade mark or trade description applied to those goods containing a direct or indirect reference to any town, place, district or country outside Malawi; “police officer” means a member of the Malawi Police Force of or above the rank of Inspector; “sell” includes to expose for sale or have in possession for the purpose of sale or for any purpose of trade or commerce, and cognate expressions shall be construed accordingly; “trade description” means any description, statement or other indication, direct or indirect, as to— (a) the number, quantity, measure, gauge or weight…

CHAPTER 52:01STANDARDIZATION OF SOAP ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Provisions relating to soap 4. Restriction on manufacture 5. Inspection 6. Offences and penalties 18 of 1957G.N. 22/1963(N)219/1964(N) An Act to Control the Manufacture of Soap and for Matters Incidental Thereto 1. Short title This Act may be cited as the Standardization of Soap Act. 2. Interpretation In this Act, unless the context otherwise requires, “soap” means the product which results from the process of the saponification of fats and oils— (a) with sodium hydroxide or potassium hydroxide; (b) by the neutralization of fatty acids with sodium hydroxide or potassium hydroxide or their carbonates or bicarbonates; or (c) by neutralization of fatty acids with ammonia or triethanolamine. 3. Provisions relating to soap (1) Soap in the form of bars, tablets, flakes or chips for household, laundry or toilet purposes shall contain not less than forty-five per cent of fatty acids, of which not more than one-third may be replaced by resin acids, shall not contain more than one-quarter of one per cent of free caustic alkali (calculated for this purpose as sodium hydroxide), and shall be free from any harmful ingredients. (2) Liquid soap shall contain not less than fifteen per cent of fatty acids, of which not more than one-quarter may be replaced by resin acids, shall contain not more than one-twentieth of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide), and shall be free from any harmful ingredients. (3) Soft soap shall contain not less than thirty-five per cent of fatty acids, of which not more than one-third may be replaced by resin acids, and shall contain not more than three-quarters of one per cent of free caustic alkali (calculated for this purpose as sodium hydroxide). 4. Restriction on manufacture (1) Except with the permission of the Minister, no person shall manufacture for sale any soap the composition of which, at the time when the soap is packed, does not comply with section 3 (1), (2) or (3) as the case may be. (2) Any person who manufactures soap in contravention of subsection (1) shall be guilty of an offence. 5. Inspection (1) Any person generally or specially authorized thereto by the Minister may at any time enter upon premises where soap is manufactured and take samples of soap for examination or analysis. (2) Any person who owns, occupies or is in control of any premises where soap is manufactured and every person employed by him on such premises shall, at all times, permit any person authorized in terms of subsection (1) to enter such premises in the course of his duties and to exercise the powers conferred by that subsection. (3) Any person who fails to comply with subsection (2) shall be guilty of an offence. 6. Offences and penalties (1) Any person who is guilty of an offence under this Act shall be liable— (a) for a first offence, to a fine of K200 or, in default of payment, to imprisonment for six months; (b) for a second or subsequent offence, to a fine of K400 or to imprisonment for twelve months. (2) Where any person is convicted of an offence under section 4, the court may order that any soap which is the subject matter of such offence shall be forfeited and any soap so forfeited may thereafter be disposed of as the Minister may direct.

CHAPTER 2:04NATIONAL ASSEMBLY (POWERS AND PRIVILEGES) ARRANGEMENT OF SECTIONS SECTION PART ISHORT TITLE AND INTERPRETATION 1. Short title 2. Interpretation PART IIPRIVILEGES AND IMMUNITIES 3. Immunity from legal proceedings 4. Freedom from arrest 5. Exercise of civil process 6. Entry to Assembly 7. Regulation of admission to Assembly 8. Order of withdrawal from Assembly PART IIIEVIDENCE 9. Power to order attendance of witnesses 10. Attendance to be notified by summons 11. Power to issue warrant to compel attendance 12. Witnesses may be examined on oath 13. Objection to answer question or to produce papers 14. Privileges of witnesses 15. Evidence of proceedings in Assembly or committee not to be given without leave 16. Questions relating to evidence and production of documents before the Assembly or committee to be determined in accordance with usage of United Kingdom Parliament PART IVOFFENCES AND PENALTIES 17. Proceedings to be deemed judicial proceedings for certain purposes 18. Offences relating to admittance to the Assembly 19. Other offences 20. Acceptance of bribes by members PART VMISCELLANEOUS 21. United Kingdom Commons Journals to be prima facie evidence in inquiries touching privilege 22. Journals printed by the Government Printer to be admitted as evidence 23. Penalty for printing false copy of Act, journal, etc. 24. Protection of persons responsible for publications authorized by the Assembly 25. Publication of proceedings without malice 26. Exercise of jurisdiction by courts 27. Powers of officers 28. Power of arrest 29. Speaker may order words out of order not to be published 30. Sanction for prosecutions 31. Rules 4 of 1957G.N. 22/196316/1964(M)137/1966 166/1967 An Act to declare and define certain Powers, Privileges and Immunities of the National Assembly and of the Members of such Assembly, to secure Freedom of Speech in the National Assembly, to regulate Admittance to the Precincts of the National Assembly, to give Protection to the Persons employed in the Publication of the Reports and other Papers of the National Assembly and for purposes incidental to or connected with the matters aforesaid PART ISHORT TITLE AND INTERPRETATION 1. Short title This Act may be cited as the National Assembly (Powers and Privileges) Act. 2. Interpretation In this Act, unless the context otherwise requires— “Assembly” means National Assembly of Malawi; “Clerk” means the Clerk of the National Assembly; “committee” means any standing, sessional, select or other committee of the Assembly; “journals” means the minutes of the Assembly or the official record of the votes and proceedings thereof; “member” means any member of the Assembly; “officer of the Assembly” means the Clerk or any other officer or person acting within the precincts of the Assembly, other than when serving a summons under section 10 (3), under the orders of the Speaker, and includes any police officer on duty within the precincts of the Assembly; “police officer” has the same meaning as in the Police Act; “precincts of the Assembly” means the chamber and offices of the Assembly and the galleries and places provided for the use or accommodation of strangers, members of the public and representatives of the press, and includes, while the Assembly is sitting, and subject to any exceptions made by direction of the Speaker, the entire building in which the chamber of the Assembly is situated, and any forecourt, yard, garden, enclosure or open space adjoining or appertaining to such building and used or provided for the purposes of the Assembly; “Speaker” means the Speaker of the Assembly and includes any other member when such other member is presiding at a meeting of the Assembly; “Standing Orders” means the Standing Orders of the Assembly for the time being in force; “stranger” means any person other than a member or an officer of the Assembly. PART IIPRIVILEGES AND IMMUNITIES 3. Immunity from legal proceedings No civil or criminal proceedings may be instituted against any member for words spoken before, or written in a report to, the Assembly or to a committee, or by reason of any matter or thing so brought by him by petition, Bill, motion or otherwise. 4. Freedom from arrest No member shall be liable to arrest— (a) for any civil debt whilst going to, attending at or returning from a sitting of the Assembly or any committee; (b) within the precincts of the Assembly while the Assembly or a committee is sitting, for any criminal offence without the consent of the Speaker. 5. Exercise of process No process issued by any court in the exercise of its jurisdiction shall be served or executed within the precincts of the Assembly while the Assembly is sitting or through the Speaker, the Clerk or any officer of the Assembly. 6. Entry to Assembly No stranger shall be entitled, as of right, to enter or to remain within the precincts of the Assembly. 7. Regulation of admission to Assembly (1)…

CHAPTER 4:04SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS ARRANGEMENT OF SECTIONS SECTION PRELIMINARY 1. Short title 2. Interpretation PART ISERVICE OF SUMMONS IN CIVIL PROCEEDINGS AND PROCEEDINGS CONSEQUENT THEREON 3. Service of certain summons and process in Malawi 4. Endorsement of summons 5. Failure to endorse summons 6. Entry of appearance PART IISERVICE OF SUMMONS IN CIVIL PROCEEDINGS AND EXECUTION WARRANTS 7. Service of summons in criminal proceedings in Malawi 8. Execution of warrant of imprisonment for non-payment of fine PART IIISERVICE OF A SUBPOENA 9. Service of a subpoena in Malawi PART IVENFORCEMENT OF A JUDGMENT IN MALAWI 10. Interpretation 11. Enforcement of a judgment in Malawi 12. Costs 13. Affidavit of liability to be filed 14. Stay of proceedings 15. Notification of proceedings upon a certificate PART VGENERAL 16. Proof of service 17. Regulations 4 of 1956 (F)7 of 1963 (F)G.N. 114/1964 (N)263/1969 263/1969 An Act to provide for the service in Malawi of civil and criminal process of any court of record of Zambia or Southern Rhodesia, the execution in Malawi of civil judgments of any such court, and for matters incidental to the foregoing and connected therewith PRELIMINARY 1. Short title This Act may be cited as the Service of Process and Execution of Judgments Act. 2. Interpretation In this Act, unless inconsistent with the context— “court” means any court established by or under any law of Malawi, Zambia or Southern Rhodesia which is required by law to keep a record of its proceedings but shall not include a Traditional Court established in Malawi under the Traditional Courts Act, a court established in Zambia under either the Native Courts Ordinance (Chapter 158) or the Barotse Native Courts Ordinance (Cap. 160) or a court established in Southern Rhodesia under the Native Law and Courts Act (Chapter 73); “defendant” includes any party against whom relief is sought in a suit or who is required to attend the proceedings in any suit as a party thereto; “party” includes the government of Southern Rhodesia, Zambia or Malawi, as the case may be, or any person suing or being sued on behalf thereof; “plaintiff” includes any party seeking relief in a suit against any other party; “proper officer” means the registrar of a court, or any other similar officer; “suit” means any suit or action or other original proceedings in any court between parties commenced by a summons or in any such other manner as may be provided by or under any law in force in Southern Rhodesia, Zambia or Malawi, but does not include any criminal proceedings; “summons” means— (a) in relation to a suit any summons, writ of summons, concurrent writ of summons, originating summons or other process by which a suit is commenced or the object of which is to require the appearance in any court of the government of Southern Rhodesia, Zambia or Malawi or of any person against whom relief is sought in a suit, or who is interested in resisting such relief; (b) in relation to any criminal proceedings, a summons or other similar process which directs any person to appear before any court to answer a charge or complaint of having committed an offence. PART ISERVICE OF SUMMONS IN CIVIL PROCEEDINGS AND PROCEEDINGS CONSEQUENT THEREON 3. Service of certain summons and process in Malawi Wherever in a suit in a court in Southern Rhodesia or Zambia any summons or other process (other than a subpoena) is required to be served in Malawi, such service may be effected in such manner and by such person as may be prescribed. 4. Endorsement of summons (1) Every summons for service under this Part shall, in addition to any other endorsement or notice required by any law in force in the country in which the summons was issued and the endorsement or annexure required by subsection (2), have— (a) the following endorsement thereon— “This summons (or other process as the case may be) is to be served out of and in Malawi under the Service of Process and Execution of Judgments Act”; and (b) such other endorsement as may be prescribed. (2) Every summons for service under this Part shall contain and have endorsed thereon or annexed thereto a short statement of the nature of the claim made or relief sought by the plaintiff in the suit and, if the plaintiff sues in a representative capacity, shall state the capacity in which he sues. 5. Failure to endorse summons If a summons or a copy thereof does not bear all the endorsements or annexures required by or under this Part, it shall be ineffective for service under this Part. 6. Entry of appearance (1) The period fixed by a summons for service under this Part for appearance being entered by the defendant shall, notwithstanding any rules of court…

CHAPTER 23:02URBAN AREAS (PUBLIC AND PRIVATE STREETS) ARRANGEMENT OF SECTIONS SECTION PART IGENERAL 1. Short title 2. Interpretation 3. Operation of the Act 4. Borrowing powers PART IIPUBLIC STREETS 5. Responsibility for repair and maintenance of public streets 6. Council to declare public streets. Objections to declaration. Powers of court. 7. Power to construct new streets and to acquire land for the purpose 8. Power to close public streets temporarily 9. Notice of intention to close 10. Procedure for stopping up, diverting or turning public streets 11. Application for order that a public street shall cease to be repairable by Council 12. Register of public streets to be kept and amended in terms of court’s order 13. Planning approval necessary before construction, stopping up, diverting, turning or discontinuing use by public of public streets 14. Planting of trees and laying out grass margins 15. General offences PART IIIPRIVATE STREET WORKS 16. Making of private streets or widening, etc., of existing private streets 17. Conditions may be imposed by Councils and Planning Committees. Appeals by persons aggrieved 18. Planning approval to be obtained 19. Approved plans, etc., to be complied with 20. Power for Council to undertake private street works 21. Appeals by persons aggrieved by resolution to do private street works or by provisional apportionment of costs thereof 22. Power to amend proposals 23. Apportionment of expenses of private street works and objections and appeals in connexion therewith 24. Unpaid apportionments to be a charge on the land 25. Recovery of expenses by action 26. Temporary construction of private street works 27. Incidental works 28. Adoption of private streets as public streets 29. Liability on change of ownership 30. Penalties PART IVMISCELLANEOUS 31. Numbering of houses and naming of streets 32. Owner to have bridge over drain leading to his house 33. Application to Government CHAPTER 23:02URBAN AREAS (PUBLIC AND PRIVATE STREETS) 13 of 19568 of 197126 of 1988G.N. 22/196316/1964(M)137/1966 An Act to regulate the making and repair of Public Streets in Urban Areas, the construction of Private Streets in Urban Areas and their adoption by Municipal Councils and Town Councils and for other matters incidental thereto and connected therewith PART IGENERAL 1. Short title This Act may be cited as the Urban Areas (Public and Private Streets) Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Council’’ means Municipal Council or Town Council within the meaning of the Local Government (Urban Areas) Act; ‘‘court’’ means a Resident Magistrate or a magistrate of the first grade having jurisdiction in an Urban Area; ‘‘owner’’ means— (a) in relation to freehold property (excluding public land) the person owning such property; and (b) in relation to leasehold or other immoveable property, the person holding such property directly from the Government or from the owner of the freehold estate or from a Council as lessee or licensee, and includes— (i) any agent who receives rents or profits for any such person; (ii) any superintendent, overseer or manager of any such person in respect of any holding on which he resides as superintendent, overseer or manager; ‘‘Planning Area’’ means a Planning Area so declared under the Town and Country Planning Act, within which an Urban Area is included; ‘‘Planning Committee’’ means a Planning Committee appointed under the Town and Country Planning Act; ‘‘private street’’ means any street other than a public street; ‘‘private street works’’ means the doing in relation to a private street of any of the following things, that is to say, the levelling, paving, flagging, metalling, macadamizing, asphalting, gravelling, kerbing, channelling or lighting thereof or the making of a sewer or drain, or the making of a carriage-way or footpath whether by the doing of any of the foregoing things or otherwise; ‘‘public street’’ means any street declared to be a public street by a resolution passed under section 6 (1) subject to any amendment by the court made under this Act and any other street declared to be a public street under any of the other provisions of this Act; ‘‘street’’ means any highway, road, lane, thoroughfare, footway, court, square or passage within the area of an Urban Area, used or intended to be used as a means of access to two or more premises or areas of land in different occupation, whether the public have a right of way thereover or not, and includes all channels, ditches, drains, sidewalks, bridges, culverts and other works appurtenant thereto; ‘‘Urban Area’’ means a Municipality or a Township within the meaning of the Local Government (Urban Areas) Act. 3. Operation of the Act The Minister may, from time to time, by order, apply all or any of the provisions of this Act to any Urban Area or part thereof and upon the publication of any such order the said provisions shall extend…

CHAPTER 09:02PRISONS ARRANGEMENT OF SECTIONS SECTION PRELIMINARY 1. Short title 2. Interpretation PART IESTABLISHMENT OF PRISONS 3. Establishment of prisons 4. Temporary prisons PART IICONSTITUTION AND ADMINISTRATION 5. Establishment of service 6. Application of Act to serving prison officers 7. Commissioner of Prisons and prison officers 8. Officers 9. Appointment of prison officers 10. Liberty to resign 11. Payments due to prison officers and other persons employed in prisons leaving the prison service may be set off 12. Minister may appoint committee of inquiry PART IIIPOWERS AND DUTIES OF PRISON OFFICERS 13. General powers and duties of Commissioner 14. Officer in charge of a prison to supervise and control prison 15. Powers and duties of prison officers 16. Prison officers’ always liable for duty 17. Prison officers and prohibited activities 18. Punishment by subordinate officers 19. Use of weapons by prison officers 20. Prison officers’ power of arrest 21. Prison officers’ visits to cells 22. Power to take photographs and fingerprints of prisoners 23. Immunity for act done under authority of warrant 24. Proof of signature not required PART IVAPPOINTMENT AND DUTIES OF MEDICAL OFFICERS 25. Medical officers 26. Duties of medical officers 27. Medical inspection 28. Observation of prisoners charged with a capital offence 29. Examination of prisoners in solitary confinement or in hospital 30. Officer in charge empowered to order prisoner to be examined 31. Death of a prisoner 32. Notification of death of prisoner PART VVISITING JUSTICES, OFFICIAL VISITORS, MINISTERS OF RELIGION AND PRISONERS’ AID SOCIETIES 33. Judges may visit prisons 34. Ministers to be visiting justices 35. Magistrates to be visiting justices in own areas 36. Powers of visiting justices 37. Visiting justice to record visit in prescribed book 38. Appointment of official visitors 39. Duties of official visitors 40. Official visitor to record visit in prescribed book 41. Ministers of religion may visit prison 42. Visits of probation officers and representatives of prisoners’ aid society PART VIDISCIPLINE OF PRISON OFFICERS 43. Offences against discipline by prison officers 44. Prison officer to have power to arrest 45. Confinement of arrested prison officer 46. Power to try junior prison officers 47. Power to try subordinate prison officers 48. Procedure after award of punishment 49. Stoppages of pay 50. Power to summon witnesses 51. Offence against discipline may be tried by a magistrate 52. Interdiction 53. Dismissal upon fine or imprisonment 54. Pay not to accrue during absence without leave or imprisonment PART VIIDESERTION OR INCITING 55. Desertion 56. Deserter may be apprehended by prison or police officer 57. Penalty for inciting prison officer to desert 58. Penalty for mutiny or sedition PART VIIIADMISSION AND CONFINEMENT OF PRISONERS 59. Admission of prisoners 60. Admission of infant child with female prisoner 61. Particulars of prisoner to be recorded 62. Search of prisoners 63. Money and other effects of prisoners to be kept in custody of the officer in charge PART IXSEGREGATION AND CLASSIFICATION OF PRISONERS 64. Separation of prisoners PART XCUSTODY AND REMOVAL OF PRISONERS 65. Prisoners in lawful custody of officer in charge 66. Production of prisoners in court 67. Prisoners under police escort 68. Statements to police officers 69. Prisoners and criminal investigations 70. Removal of prisoners from one prison to another 71. Certain prisoners may be restrained 72. Mentally disordered or defective prisoners 73. Removal of sick prisoners to hospital 74. Serving sentence while in hospital PART XILABOUR OF PRISONERS 75. Employment of convicted prisoners 76. Employment of unconvicted prisoners PART XIIMAINTENANCE 77. Maintenance of unconvicted prisoners from private sources 78. Food, etc., not to be transferred to other prisoners 79. Food, clothing and bedding for unconvicted prisoners PART XIIIPROHIBITED ARTICLES AND AREAS 80. Power to search 81. Penalty for introduction or removal of prohibited articles into and from prison and for unauthorized communication with prisoners 82. Power of arrest 83. Unauthorized communications 84. Offences in respect of prisons and prisoners 85. Removal of certain offenders 86. Unlawful possession of articles supplied to prison officers 87. Offences in connexion with uniforms and decorations 88. Notice to be displayed stating offences in respect of prisons and prisoners PART XIVDISCIPLINE OF PRISONERS 89. Prison offences 90. Trial of prison offences 91. Punishments for prison offences heard and determined before a magistrate’s court 92. Punishments for prison offences heard and determined within a prison 93. Special provisions relating to the punishments of solitary confinement with penal diet and of reduced diet PART XVESCAPING 94. Assisting prisoner to escape, etc. 95. Harbouring prisoners PART XVICORPORAL PUNISHMENT 96. Prison offences for which corporal punishment may be awarded 97. Certain prisoners not liable to corporal punishment 98. Number of strokes to be specified 99. Corporal punishment; confirmation 100. Type of cane and method of infliction 101. Medical officer and officer in charge to be present while corporal punishment is being inflicted 102.…

CHAPTER 35:02DANGEROUS DRUGS ARRANGEMENT OF SECTIONS SECTION PRELIMINARY 1. Short title 2. Interpretation PART ICOCA LEAVES, INDIAN HEMP, AND RAW OPIUM 3. Application of this Part 4. Restriction on import and export of drugs to which this Part applies and of plants from which such drugs are derived 5. Special restriction on export to certain countries of drugs to which this Part applies and of plants from which such drugs are derived 6. Regulations PART IIPREPARED OPIUM 7. Interpretation in this Part 8. Import and export of prepared opium prohibited 9. Offences PART IIIMEDICINAL OPIUM, COCAINE, MORPHINE, AND OTHER DRUGS 10. Application of this Part 11. Restriction on import and export of drugs to which this Part applies 12. Power to control manufacture, sale, etc., of drugs to which this Part applies PART IVCONTROL OF TRADE IN NEW DRUGS 13. Prohibition of trade, etc., in new drugs 14. Power to apply Part III to new drugs PART VGENERAL 15. Appointment of inspectors 16. Powers of inspection 17. Powers of search, seizure, and forfeiture 18. Persons upon whom powers of inspection, etc., are conferred to produce proof of identity 19. Offences and penalties 20. Power of arrest 21. Licences and authorities Schedule 28 of 1955(F)25 of 1956(F)20 of 1995G.N. 224/1963(F)219/1964(N) An Act to control the importation, exportation, production, possession, sale, distribution, and use of dangerous drugs, and for matters incidental thereto PRELIMINARY 1. Short title This Act may be cited as the Dangerous Drugs Act. 2. Interpretation (1) In this Act, unless inconsistent with the context— “corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of another country to be a law providing for the control and regulation in that country of the manufacture, sale, use, export, and import of drugs in accordance with the Hague Convention, the Geneva Convention (No. 1), and the Geneva Convention (No. 2); “Geneva Convention (No. 1)” means the International Opium Convention signed at Geneva on the 19th February, 1925; “Geneva Convention (No. 2)” means the International Convention for limiting the manufacture, regulation, and distribution of narcotic drugs signed at Geneva on the 13th July, 1931; “Hague Convention” means the International Opium Convention signed at the Hague on the 3rd January, 1912; “inspector” means an inspector appointed under section 15; “superior police officer” means a police officer above the rank of inspector of police. (2) In any certificate such as is referred to in the definition of “corresponding law” in subsection (1), a statement as to the effect of the law mentioned in such certificate or a statement in any such certificate that any facts constitute an offence against that law shall be conclusive. PART ICOCA LEAVES, INDIAN HEMP, AND RAW OPIUM 3. Application of this part (1) The drugs to which this Part applies are— (a) coca leaves; (b) “Indian hemp”, “bhang”, “camba”, “dagga”, “mbanje” or “intsangu”, resins obtained therefrom and all preparations of which such resins form the base; (c) raw opium. (2) In this section— “coca leaves” means the leaves of any plant of the genus of the erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation; “Indian hemp”, “bhang”, “camba”, “dagga”, “mbanje” or “intsangu” means the whole or any portion, whether green or dry, of the plant, including the seeds thereof, but excluding— (a) any fibre extracted from the plant for use as or in the manufacture of cordage, canvas or similar products; or (b) any seed which has been crushed, comminuted or otherwise processed in such a manner as to prevent germination; or (c) the fixed oil obtained from the seed; “medicinal opium” means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances; “raw opium” includes powdered or granulated opium, but does not include medicinal opium. (3) Any reference in this Part or in any regulation made thereunder to plants from which such drugs are derived shall include a reference to the plant “Indian hemp”, “bhang”, “camba”, “dagga”, “mbanje” or “intsangu”. 4. Restriction on import and export of drugs to which this Part applies and of plants from which such drugs are derived No person shall import into or export from Malawi any drugs to which this Part applies, or plants from which such drugs are derived, except under and in accordance with the terms of a licence issued by the Minister. 5. Special restriction on export to certain countries of drugs to which this Part applies and of plants from which such drugs are derived If at any time the importation into a…

CHAPTER 60:01TEMPORARY CONTROL OF PREMISES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Application 3. Interpretation 4. Establishment, membership and protection of tribunals 5. Proceedings of tribunal 6. General powers of tribunal 7. Orders of tribunal 8. Appeals 9. Statutory tenancies 10. Implied covenants in statutory tenancies 11. Powers of tribunal to vary terms of statutory tenancies 12. Order for possession of premises 13. Determination of statutory tenancy by tenant 14. Jurisdiction of courts 15. General law of landlord and tenant applicable 16. Penalties 17. Power of High Court to make Rules 18. Duration of Act Schedule 43 of 1955G.N. 22/19631/1965 An Act to Make Provision for the Temporary Control of Certain Premises and for Purposes connected therewith 1. Short title This Act may be cited as the Temporary Control of Premises Act. 2. Application This Act shall apply to all premises to which the Rent and Mortgage Interest (Restriction) Ordinance, 1944 (now repealed) applied on the 31st December, 1955, and which were subject to a tenancy at such date: Provided that this Act shall not apply to any such premises which are, on the 1st January, 1956, let under a tenancy agreement which— (a) has been drawn by a legal practitioner; and (b) has been duly stamped and registered before such date; and (c) has, at such date, at least one year to run. 3. Interpretation In this Act, unless the context otherwise requires— “landlord” means any person other than a tenant who is, or would be but for this Act, entitled to possession of the premises and any other person from time to time deriving title under the original landlord, and includes a sublessor; “let” includes sublet; “order” includes any decision, determination, judgment or finding; “premises” means any premises to which this Act applies; “prescribed date” means the date prescribed by the Minister in accordance with section 11; “statutory tenancy” means a tenancy created by operation of section 9; “tenancy agreement” means any agreement between a landlord and a tenant whereby premises are let or agreed to be let; “tenant” includes a subtenant and any person from time to time deriving title under the original tenant; “tribunal” means a rent tribunal established under section 4. 4. Establishment, membership and protection of tribunals (1) The Minister may, by notice published in the Gazette, establish a rent tribunal for any area of Malawi. (2) A tribunal shall consist of a chairman and such other members as the Minister may, by notice published in the Gazette, from time to time appoint. (3) The Minister may appoint, either generally or for any period, a deputy chairman of a tribunal to act as chairman of such tribunal in the absence of the chairman. (4) A tribunal may appoint and employ officers, valuers, inspectors, clerks and other staff for the better carrying out of this Act. (5) No matter or thing done by any chairman, member, officer, or agent of a tribunal, if done bona fide in the execution or purported execution of this Act, shall subject any such person to any action, claim, liability or demand whatsoever. 5. Proceedings of tribunal (1) The chairman, or in his absence the deputy chairman, shall preside at all meetings of a tribunal. (2) Three members shall constitute a quorum at any meeting of a tribunal. (3) All matters considered by a tribunal shall be decided by the votes of a majority of the members present. In the event of an equality of votes, the chairman shall have a casting vote in addition to his deliberative vote. (4) A tribunal may take into consideration any evidence which it considers relevant, notwithstanding that such evidence would not be admissible in a court of law. (5) All notices or other documents issued under the hand of the chairman of a tribunal shall be deemed to have been issued by such tribunal. (6) The proceedings of a tribunal shall ordinarily be open to the public, but a tribunal may, in its discretion, direct that the public be excluded from any proceedings or part thereof. (7) A record shall be kept of all proceedings of a tribunal, including a summary of any evidence given before it. (8) A tribunal shall give at least seven days’ notice of the date appointed for the hearing of any matter to all parties concerned. (9) Before any decision of a tribunal is made, any person having an interest therein, or his representative, shall be given an opportunity to be heard. (10) Any interested party may be represented before a tribunal by a legal practitioner or by any person whom the tribunal may, in its discretion, admit to be heard on his behalf. (11) The proceedings of a tribunal shall be deemed to be judicial proceedings. (12) In so far as no sufficient provision is made…

CHAPTER 2:05NATIONAL ASSEMBLY (EMOLUMENTS) ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Salaries and allowances of members 4. Decisions of the President final 18 of 19559 of 1977G.N. 22/1963219/1964(N)184/1966 166/1967 An Act to provide for the payment of salaries, fees and allowances to Members of the National Assembly and to make provision for the matters incidental thereto 1. Short title This Act may be cited as the National Assembly (Emoluments) Act. 2. Interpretation In this Act, unless the context otherwise requires— “Assembly” means the National Assembly of Malawi; “member” means a member of the Assembly. 3. Salaries and allowances of members The members shall be paid, from moneys provided for the purpose by Parliament, salaries, fees and allowances in respect of their services as members at such rate as the President may from time to time by order published in the Gazette authorize. 9 of 1977 4. Decisions of the President final If any question arises as to whether any member is or is not entitled to any payment under this Act or any order made thereunder, the decision of the President on such question shall be final.