Category: Principal Legislation

CHAPTER 34:02MENTAL TREATMENT ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation PART IRECEPTION OF PERSONS IN A MENTAL HOSPITAL 3. Reception into a mental hospital PART IIVISITING COMMITTEE 4. Appointment of visiting committees 5. Duty of visitors PART IIIVOLUNTARY PATIENTS 6. Power to receive voluntary patients 7. Notification of reception or death or departure of voluntary patient to visiting committee 8. Voluntary patient not to be detained for more than forty days PART IVTEMPORARY TREATMENT WITHOUT RECEPTION ORDER 9. Provision for temporary treatment without certificate of certain persons 10. Minister’s powers of discharge PART VRECEPTION ORDERS 11. Application for reception order 12. Application by whom to be presented 13. Procedure upon petition for reception order 14. Detention of person alleged to be of unsound mind pending inquiry 15. Consideration of petition 16. Order 17. Powers and duties of police in respect of wandering or dangerous persons of unsound mind and such persons cruelly treated or not under proper care and control 18. Duty of custodian of person of unsound mind 19. Power of magistrate 20. Reception order in case of wandering and dangerous persons 21. Detention of person alleged to be of unsound mind pending report by medical practitioner 22. Issue of medical certificates 23. Detention of person alleged to be of unsound mind pending removal to mental hospital 24. Power to summon custodian of person suffering from mental disorder 25. Time and manner of medical examination of person 26. Authority for reception 27. Power to order detention outside jurisdiction PART VIDISCHARGE OF PATIENTS FROM, AND TRANSFERS TO, MENTAL HOSPITALS 28. Order of discharge from mental hospital 29. Order of discharge to an approved institution 30. Appointment and report of medical inspector 31. Order of discharge and undertaking of relative for due care of the person of unsound mind 32. Transfer of patients PART VIIJUDICIAL POWER OVER PERSONS AND ESTATES OF PERSONS OF UNSOUND MIND OR IN A MENTAL HOSPITAL 33. Safe-keeping and management of estates of persons in mental hospitals 34. Power of manager in respect of estate 35. Power to make order concerning any matter connected with the person 36. Power to apply property for maintenance of person of unsound mind without appointing manager in certain cases 37. Powers of Court in regard to property of person where no manager is appointed 38. Power to order transfer of property of person of unsound mind residing out of Malawi 39. Execution of conveyances and powers by manager under order of Court 40. Carrying on business of person of unsound mind 41. (1) Managers to furnish inventory and annual accounts (3) Removal of managers and guardians 42. Termination of appointment of manager 43. Proceedings to cease or to be set aside if Court finds that the unsoundness of mind has ceased 44. Examination of females 45. Court procedure PART VIIISPECIAL PROVISIONS RELATING TO MAINTENANCE 46. Application of property in the possession of a person of unsound mind found wandering 47. Application to civil court for order for the payment of cost of maintenance out of the estate of the person of unsound mind 48. Certain maintenance costs to be met from public funds 49. Saving of liability of relatives to maintain person of unsound mind 50. Pension of person of unsound mind payable by Government PART IXGENERAL 51. Inquests on patients 52. Death of person discharged to approved institution or breach of a condition by such person to be reported 53. Letters of patients 54. Power to refuse accommodation at mental hospital 55. No liability in respect of act done in good faith in pursuance of this Act 56. Who may not give certificates 57. Amendment of order or certification 58. Person received into mental hospital to be detained until discharged PART XOFFENCES 59. Persons other than medical practitioner signing certificate 60. False certificates 61. Escape of person of unsound mind 62. Permitting patient to quit mental hospital unlawfully 63. Ill-treatment of persons in mental hospital 64. Dealings with patients 65. Prohibition on publishing names of parties 66. General penalty PART XIRULE MAKING POWERS 67. Rules PART XIISAVING 68. Saving 14 of 194841 of 195330 of 1969G.N. 186/1954(F)101/1956(F)224/1963219/1964(N)166/1967 An Act to make provision for the care of persons who are suffering from mental disorder or mental defect, for the custody of their persons and the management of their estates, and for the management and control of mental hospitals in Malawi 1. Short title This Act may be cited as the Mental Treatment Act. 2. Interpretation In this Act unless the context otherwise requires— ‘‘approved institution’’ means an institution declared by the Minister to be an approved institution under section 29; ‘‘Court’’ means the High Court; ‘‘magistrate’’ means a Resident Magistrate or a magistrate of the first or second grade; ‘‘manager’’ means any person appointed under section 33; ‘‘medical practitioner’’…

CHAPTER 19:01PRINTED PUBLICATIONS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Particulars to be contained in books 4. Delivery of books published in Malawi to the Government Archivist 5. Registration of newspapers 6. Certified extracts from register to be received in evidence 18 of 194720 of 1956G.N. 33/1964(N)219/1964(N) An Act to Make Provision for the Registration of Newspapers, the Printing and Publication of Books and the Preservation of Printed Works Published in Malawi. 1. Short title This Act may be cited as the Printed Publications Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘book’’ includes every part or division of a book, pamphlet, newspaper, sheet of letterpress, sheet of music, map, plan, chart or table separately published; ‘‘editor’’ includes the person or persons actually responsible for the collation or inclusion in any newspaper of the contents thereof, whether such person or persons are expressly employed for such purposes or not; ‘‘newspaper’’ means any periodical publication published at intervals of not more than one month and consisting wholly, or for the greater part, of political or other news or of articles relating thereto or to other current topics, with or without advertisements, and with or without illustrations, but shall not include any publication which is proved not to be intended for public sale or public dissemination; expressions referring to printing shall be construed as including references to any other means of representing or reproducing words in visible form by impressing one material on another. 3. Particulars to be contained in books (1) Every book printed and published in Malawi shall bear an imprint in legible type showing— (a) the full and correct name of the printer and the place where the book was printed; (b) the full and correct name of the publisher and his place of business; and (c) the year of publication. (2) Any person who knowingly and wilfully prints or publishes or causes to be printed or published any book not containing the particulars required by this section shall be liable to a fine of £100. (3) The Minister may make Rules excepting from this section such classes of printed matter used for the purposes of the Government, of courts of justice, of public authorities and of trade and business as may be specified in such Rules. 4. Delivery of books published in Malawi to the Government Archivist (1) The publisher of every book published in Malawi shall, within two months of the publication, deliver at his own expense a copy of the book to the Government Archivist, who shall give a written receipt for every copy received by him. (2) Every copy delivered under the provisions of this section shall be a copy of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the book are published, and shall be bound, sewed or stitched together, and on the best paper on which the book is printed. (3) If any publisher fails to comply with this section, he shall be liable to a fine of £20. When any person is convicted of such offence, the court may, in addition to imposing a penalty, order the person so convicted to comply with this section by delivering a copy of the book to the authority to whom delivery ought to have been made: Provided always that the court may, instead of making the said order, impose a further fine not exceeding the amount of the published price of the book. (4) This section shall not apply to any second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress or in the maps, prints or other illustrative material belonging thereto. (5) The Minister may make Rules excepting from this section publications wholly or mainly in the nature of trade advertisements or such classes of such other publications as may be specified in the Rules, and thereupon it shall not be necessary for the publisher of any publication so excepted to deliver a copy of such publication to the authority mentioned in subsection (1) unless, as respects any particular publication, a written demand for the delivery thereof is made by such authority. 5. Registration of newspapers (1) No person shall print or publish or cause to be printed or published any newspaper until there has been registered at the office of the Government Archivist the full and correct title thereof and the full and correct names and places of abode of every person who is or is intended to be the proprietor, editor, printer or publisher of such newspaper, and the description of the premises where the same is to be published. Every alteration in the aforesaid particulars shall forthwith be registered in like manner. (2)…

CHAPTER 4:02INQUESTS ARRANGEMENT OF SECTIONS SECTION PART IGENERAL PROVISIONS 1. Short title 2. Interpretation 3. Who may hold inquests 4. When inquest to be held Power to dispense with inquest in certain cases 5. Power to order exhumation 6. Inquest on all prisoners and on patients in mental hospitals 7. Inquest to be held by coroner of place where body lying 8. Inquest where body destroyed or irrecoverable 9. Coroner may prohibit burial or cremation till after inquest 10. Notice of death 11. Duty of police officer or Chief 11A. Coroner may call for statement recorded by police PART IIPOST-MORTEM EXAMINATION 12. Coroner may direct post-mortem examinations 13. Medical practitioner to make an examination and report PART IIIPROCEDURE AT INQUEST 14. Inquiries to be made by coroner 15. Provisions regarding the viewing of body 16. Coroner may summon witnesses 17. Coroner not bound by rules of evidence 18. Evidence how recorded 18A. Statements recorded by police may be admitted as evidence in inquest 19. Power to take evidence of witnesses unable to attend 20. Inquest on Sunday, etc., or in private 21. Adjournment of inquest 22. Staying of inquest and its resumption 23. Issue of summons or warrant 24. The inquisition 25. Where guilty party unknown 26. Where guilty party cannot be found 27. Return of inqusitions 28. Powers of High Court PART IVMISCELLANEOUS PROVISIONS 29. Penalty where body is buried without authority 30. Obstructing medical officer, etc. 31. Power to make Rules 32. Forms First Schedule Forms Second Schedule Inquests (Post-Mortem Fees) Rules CHAPTER 4:02INQUESTS 9 of 19488 of 194914 of 19518 of 196359 of 196625 of 19685 of 197151 of 1971 An Act relating to Inquests PART IGENERAL PROVISIONS G.N. 22/1963 219/1964 (N) 166/1967 GENERAL PROVISIONS 1. Short title This Act may be cited as the Inquests Act. 2. Interpretation In this Act— “coroner” means any person empowered to hold inquests under this Act; “medical practitioner” means any person registered or licensed as a medical practitioner under the Medical Practitioners and Dentists Registration Act; “police officer in charge of a police station” has the meaning assigned thereto in section 2 of the Criminal Procedure and Evidence Code. 3. Who may hold inquests (1) Every magistrate may hold inquests under this Act. (2) The Minister may, by notice published in the Gazette, empower any other fit person or class of fit persons to hold inquests under this Act within any area specified in such notice. (3) Any inquest commenced by a coroner may be continued, resumed, or reopened in the manner provided by this Act by such coroner or by his successor in office. 4. When inquest to be held Whenever a coroner is credibly informed that the body of a deceased person is lying within his jurisdiction, and that there is reasonable cause to suspect that such person had died either a violent or an unnatural death, or in prison or in custody, or in a mental hospital, or in any place or circumstances which, in the opinion of the coroner, makes the holding of an inquest necessary or desirable, such coroner shall, subject as hereinafter in this section provided, hold an inquest on such body as soon as practicable: Power to dispense with inquest in certain cases Provided that— (a) whenever it shall appear to the coroner, either from the report of a medical practitioner rendered under section 13 or otherwise, that the death is due to natural causes, and that the body shows no appearance of death being attributable to or having been accelerated by violence or by any culpable or negligent conduct either on the part of the deceased or of any other person, it shall thereupon be lawful for the coroner at his discretion (except in the cases specified in section 6) to dispense with the holding of an inquest; (b) where the coroner is informed that criminal proceedings have been or are about to be instituted against any person already in custody or about to be arrested in respect of such death, the inquest shall not be commenced, or if commenced shall not be continued or resumed, until such proceedings have been concluded. 5. Power to order exhumation Notwithstanding any law or custom to the contrary enacted or obtaining, whenever it shall appear to any coroner that the body of any person, who has died in circumstances requiring the holding of an inquest thereon, has been buried without being viewed or without such inquest having been held, or where such inquest, although held, has been quashed or reopened, it shall be lawful for such coroner by his warrant in Form A in the First Schedule to order the exhumation of such body; and he shall after such exhumation proceed to hold an inquest on such body and thereupon direct the reinterment thereof; and…

CHAPTER 6:01CIVIL PROCEDURE (SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS) ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Claims against Government cognizable by competent court, whether claim in contract or tort 3. (1) Suits by or against Government to be instituted by or against the Attorney General (3) Claims by private persons against the Government 4. Notice previous to suing 5. Time within which suit may be brought against a public officer 6. Exemption from arrest and personal appearance 7. (1) Application where Government undertakes defence (2) Procedure where no application is made Defendant not liable to arrest before judgment 8. Execution of decree 9. Costs 10. No injunction or specific performance against Government 37 of 194631 of 195312 of 199317 of 199319 of 199511 of 201123 of 2012G.N. 22/1963137/1966166/1967 An Act relating to Civil Suits by or against the Government or Public Officers 1. Short title This Act may be cited as the Civil Procedure (Suits by or against the Government or Public Officers) Act. 2. Claims against Government cognizable by competent court, whether claim in contract or tort Any claim against the Government which would if such claim had arisen against a subject be the ground of an action in any competent court shall be cognizable by the said court whether such claim shall arise or have arisen out of any contract lawfully entered into on behalf of the Government or out of any wrong committed by any servant of the Government acting in his capacity and within the scope of his authority as such servant: Provided that no claim shall lie against the Government by virtue of this section in respect of any wrong committed by a servant of the Government unless the wrong would, apart from this Act, have given rise to a claim against that servant or his estate: Provided further that nothing herein contained shall be construed as affecting any law which limits the liability of the Government or any department thereof in respect of any act or omission of its servants, or which prescribes specified periods within which a claim shall be made in respect of any such liability or imposes conditions on the institution of any action. 3. Suits by or against Government to be instituted by or against the Attorney General (1) Save as may otherwise expressly be provided by any Act, suits by or against the Government shall be instituted by or against the Attorney General. Such suits shall be instituted and tried in the same manner as suits to which the Government is not a party. (2) The Attorney General or other person authorized by the Attorney General to act for the Government in respect to any judicial proceedings shall be deemed to be the recognized agent by whom appearances, acts and applications may be made or done on behalf of the Government. Claims by private persons against the Government (3) All documents which in a suit of the same nature between private parties would be required to be served on the defendant shall be delivered at the office of the Attorney General or other person authorized to act on behalf of the Government in respect of such judicial proceeding. 4. Notice previous to suing No suit shall be instituted against the Government, or against any public officer until the expiration of three months next after notice in writing has been, in the case of the Government, delivered to or left at the office of the Attorney General, and in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims. 19 of 1995 5. Time within which suit may be brought against a public officer (1) No suit shall be instituted against a public officer in respect of any such act, neglect or default as aforesaid, unless such notice as aforesaid shall be so delivered or left within six months next after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within three months next after the ceasing thereof: Provided that if the suit be at the instance of any person for cause arising while such person was a convicted prisoner such notice may be delivered or left within six months after the discharge of such person from prison or, in the case of a continuance of injury or damage, within three months next after the ceasing thereof. (2) This section shall not affect any proceedings by any department of the Government against a local authority, or officer of a local authority. 6. Exemption from arrest and personal appearance In a suit instituted against a public officer in respect of any such act,…

CHAPTER 31:02BOY SCOUTS AND GIRL GUIDES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Restriction on use of uniform, etc., of the Boy Scouts Association 4. Restriction on sale of badges, etc., of Association 5. Boy Scout not to pass himself off as police officer, etc. 6. No person falsely to claim connexion with Boy Scouts Association 7. Penalties 8. Application of Act to Girl Guides Association 44 of 1946 An Act to further and protect the Activities and Interests of the Boy Scouts Association and the Girl Guides Association in Malawi 1. Short title This Act may be cited as the Boy Scouts and Girl Guides Act. 2. Interpretation In this Act unless the context otherwise requires— ‘‘the Association’’ means the Boy Scouts Association incorporated in England under the Royal Charter granted on the 4th January, 1912; ‘‘boy scout’’ means a boy scout recognized as such under the constitution, by-laws, or rules of the Association, and includes also all officers of the Association; ‘‘Commissioner’’ means the person holding or acting in the office of Chief Commissioner of Boy Scouts for Malawi. 3. Restriction on use of uniform, etc., of the Boy Scouts Association It shall not be lawful for any person, not being under the by-laws or rules of the Association duly authorized and entitled so to do, publicly to wear, carry, or bear any uniform, badge, token, or emblem which under the said by-laws or rules are specifically adopted for use under the authority of the Associa­tion or which could reasonably be held to be an imitation of the same in such style or manner as to convey an impression that such person is under the said by-laws or rules entitled so to wear, carry, or bear such uniform, badge, token or emblem. 4. Restriction on sale of badges, etc., of Association No person shall sell or offer for sale any article bearing a badge, token, or emblem specifically adopted for use under the authority of the Association, or which could reasonably be held to be an imitation of the same, unless he shall have first submitted such article to the inspection of the Commissioner and shall have obtained authority from him in writing so to do. 5. Boy scout not to pass himself off as police officer, etc. (1) It shall not be lawful for any boy scout not being otherwise thereunto lawfully entitled and authorized, to pretend to be, or to pass himself off as, or to arrogate to himself the authority, position, or powers of, or to claim to be or to act as— (a) a member of police or armed force; or (b) an officer exercising police functions in the service of any Chief; or (c) an agent or officer of the Government or of any Chief or tribunal. (2) No boy scout shall seek or attempt by virtue of his wearing any uniform, badge, token, or emblem of the Association, or uniform, badge, token, or emblem purporting or appearing to be such, to enforce or exercise authority otherwise than in accordance with and as authorized by the by-laws or rules of the Association. 6. No person falsely to claim connexion with Boy Scouts Association It shall not be lawful for any person to form, organize, or work in connexion with, or to be concerned in forming, organizing, or in work in connexion with any corps or body which without due authority granted under the Royal Charter of the Association claim or purport to be boy scouts or otherwise to be connected with the Association, or which hold themselves out as, or pass themselves off as, boy scouts, or as otherwise connected with the Association. 7. Penalties Any person wilfully contravening any of the provisions of this Act shall be liable to a fine of £10 and to imprisonment for one month, and it shall be lawful for the court to order the forfeiture of any such uniform, badge, token or emblem, as mentioned in sections 3 and 4, in respect of which an offence has been committed and a conviction recorded. 8. Application of Act to Girl Guides Association This Act shall apply, mutatis mutandis, to the Girl Guides Association incorporated in England under Royal Charter.

CHAPTER 43:02ESTATE DUTY ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation Commissioners 3. Constitution of Board of Commissioners Charge of Estate Duty 4. Charge of estate duty 5. What property is included in an estate 6. Interest on estate duty Exemption from Estate Duty 7. Power to remit estate duty where death is caused by operations of war 8. Remission of estate duty in case of property passing more than once owing to deaths caused by operations of war 9. Reduction of rate for quick successions Aggregation of Estate 10. (1) Aggregation of deceased’s property to determine rate of duty (2) Marginal relief Principles for Determining Value of Estate 11. Principles for determining value of estate 12. Allowance for debts Liabilities of Executors or Beneficiaries 13. Executor to ascertain value of estate, and to make affidavit 14. Duty to be paid on delivery of estate duty affidavit 15. Liability of executor for duty 16. Liability of beneficiaries and trustees 17. Estate duty when deemed to be in arrear 18. Power to permit postponement of payment 19. Power for person liable to raise duty by sale or mortgage 20. Estate duty to be borne by beneficiaries rateably 21. Executors and persons having possession of estate to produce documents and attend for examination if required Valuation and Assessment by Commissioners 22. Valuation by Commissioners 23. Assessment by Commissioners 24. Refund of overpaid duty Appeals Against Assessments, etc., of Commissioners 25. Appeals against assessments, etc. Recovery of Estate Duty 26. Recovery of estate duty by civil suit 27. Summary recovery of estate duty 28. Stay of execution pending appeal 29. Estate duty a charge on deceased’s estate Certificates of Discharge and Compositions 30. Certificate of discharge from estate duty 31. Power to accept composition for estate duty Fixed Duty on Small Estates 32. Option to pay fixed duties on estates not exceeding £500 Miscellaneous Provisions 33. No grant of representation to be made without certificate of Commissioners 34. Duty of court administering estate to direct payment of duty 35. Service of notices 36. Proof of Commissioner’s acts 37. Affidavit to be free of stamp duty 38. Exception as to property in the United Kingdom and Commonwealth countries 39. Arrangements for relief from double estate duty 40. Power to make Regulations 41. General penalty SCHEDULE 6 of 194615 of 195037 of 195017 of 195226 of 195218 of 195637 of 19671 of 196923 of 196915 of 199718 of 19971 of 2016G.N. 22/1963219/1964(N) An Act to provide for duties on estates of deceased persons 1. Short title This Act may be cited as the Estate Duty Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Commissioners’’ means the Estate Duty Commissioners; ‘‘deceased person’’ and ‘‘the deceased’’ means a person dying after the commencement of this Act; ‘‘estate duty’’ means estate duty under this Act; ‘‘estate duty affidavit’’ means an affidavit made or required under this Act and shall include any inventory or account of property with or without a valuation thereof with reference to which such an affidavit is made or required; ‘‘executor’’ means the executor or administrator of a deceased person and includes, as regards any obligations under this Act, any person who takes possession of or intermeddles with the property of a deceased person; ‘‘incumbrances’’ includes mortgages and terminable charges; ‘‘property’’ includes immovable and real property and movable and personal property and the proceeds of sale thereof respectively and any money or investment for the time being representing the proceeds of sale, and an undivided share in any property held jointly or in common with any other person; ‘‘representation’’ means probate, letters of administration, confirmation, or other instrument appointing a person the executor, administrator, or other representative of the deceased or to administer any of his assets. COMMISSIONERS 3. Constitution of Board of Commissioners (1) There is hereby established a Board of Commissioners who shall administer this Act and collect estate duty. (2) The Board shall consist of the following members— (a) the Attorney General who shall be Chairman of the Board; (b) the Secretary to the Treasury; (c) the Registrar General who shall be Secretary and executive officer of the Board; (d) such other members as the Minister may, by notice published in the Gazette, appoint. (3) Two members of the Board shall constitute a quorum. (4) The Commissioners may sue and be sued by the name of ‘‘The Estate Duty Commissioners”. (5) The Secretary shall, subject to the directions of the Commissioners assess the estate duty and be responsible for the collection of the duty on behalf of the Estate Duty Commissioners. (6) Any act, matter or thing done by the Secretary shall be deemed to be within the scope of his authority unless the contrary is proved. 4. Charge of estate duty In the case of every person…

CHAPTER 9:01PROBATION OF OFFENDERS ARRANGEMENT OF SECTIONS SECTION 1. Short title and application 2. Interpretation 3. 4. Probation order 5. Further provisions where court makes probation order 6. Commission of further offences by probationers 7. Failure by probationer to comply with probation order 8. Probation order: disqualification or disability 9. Transmission of documents when case is remitted to another court 10. Amendment of probation orders 11. Discharge of probation orders 12. Transmission of copies of orders for amendment or discharge of probation orders 13. Selection of probation officers 14. Contributions towards institutions 15. Appointments 16. Rules 10 of 19451 of 19578 of 19635 of 1969G.N. 195/196168/196238/1963 An Act to provide for the probation of offenders 1. Short title and application This Act may be cited as the Probation of Offenders Act, and shall apply to such areas of Malawi and from such date as the Minister may, by order, *Applied to the Southern Region by G.N. 5/1946 and to the Central Region by G.N. 22/1961.from time to time declare. 2. Interpretation In this Act, unless the context otherwise requires— “court” does not include a Traditional Court established under the Traditional Courts Act; “probationer” means a person placed under supervision by a probation order; 5 of 1969 “probation order” means an order made under section 337 (1) (c) (i) of the Criminal Procedure and Evidence Code; “probation officer” means a probation officer appointed under section 15. 3. (Repealed by 5 of 1969) 4. Probation order (1) A probation order shall have effect for such period of not less than one year and of not more than three years from the date of the order as may be specified therein, and shall require the probationer to submit during that period to the supervision of a probation officer to be named in the order, and shall contain such provisions as the court considers necessary for securing the supervision of the offender, and such additional conditions as to residence and other matters as the court having regard to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition of the same offence or the commission of other offences. (2) Where a probation order contains a provision as to residence, the place at which and the period for which the probationer is to reside shall be specified in the order, and where any such provision requires the probationer to reside in an institution, the period for which the probationer is required so to reside shall not extend beyond twelve months from the date of the order, and the court shall forthwith give notice of the terms of the order to the Minister. (3) The court by which a probation order is made shall furnish two copies of the order, one copy to be given to the probationer and the other to the probation officer under whose supervision he is placed. 5. Further provisions where court makes probation order Where a person is placed by a probation order under the supervision of a probation officer, the court may in addition order such person to pay costs and compensation in accordance with the Penal Code. 6. Commission of further offences by probationers (1) If it appears to a judge or any magistrate that a probationer has been convicted of an offence committed while the probation order was in force, he may issue a summons requiring the probationer to appear at the place and time specified therein or may issue a warrant for his arrest: Provided that a magistrate shall not issue such a summons or such a warrant except on information in writing and on oath. (2) A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the court by which the probation order was made. (3) Where a probationer is convicted by a magistrate of an offence committed while the probation order was in force the magistrate may commit the probationer to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the probation order was made. (4) Where it is proved to the satisfaction of the court by which the probation order was made that the probationer has been convicted of an offence while the probation order was in force then— (a) if the probationer was not convicted of the original offence in respect of which the probation order was made, the court may convict him of that offence and pass any sentence which it could pass if the probationer had just been convicted before that court of that offence; or (b) if the probationer was convicted of the original offence in respect of which the probation order was made the court may pass…

CHAPTER 66:01PROTECTION OF ANIMALS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Offences of cruelty 4. Court may order destruction of animal 5. Court may deprive person convicted of cruelty of ownership of animal 6. Compensation for damage done by cruelty to an animal 7. Injured animals 8. Search warrants 9. Powers of police officers 10. Employers and owners to produce drivers or animals if so required 11. Costs 12. Payments out of fine 13. Infirmaries 14. Power to make Rules 16 of 19445 of 196130 of 1969G.N. 22/196350/1963 An Act to make provision for the protection of animals 1. Short title This Act may be cited as the Protection of Animals Act. 2. Interpretation In this Act, unless the context otherwise requires— “animal” means any domestic or captive animal; “domestic animal” means any horse, ass, mule, bull, sheep, pig, goat, dog, cat, or fowl, or any other animal of whatsoever kind or species, and whether a quadruped or not, which is tame or which has been or is being sufficiently tamed to serve some purpose for the use of man; “captive animal” means any animal (not being a domestic animal) of whatsoever kind of species, and whether a quadruped or not, including any bird, fish, or reptile, which is in captivity, or confinement, or which is maimed, pinioned, or subjected to any appliance or contrivance for the purpose of bindering or preventing its escape from captivity or confinement; “inspector” means a person appointed as such for the purposes of this Act by the Minister; and “veterinary officer” means an officer in the service of the Veterinary Department of the Government. 3. Offences of cruelty (1) If any person— (a) shall cruelly beat, kick, ill-treat, override, overload, torture, infuriate, or terrify any animal, or shall cause or procure, or, being the owner, permit any animal to be so used, or shall by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, cause any unnecessary suffering or being the owner, permit unnecessary suffering to be so caused to any animal; (b) shall convey or carry, or cause or procure, or, being the owner, permit to be conveyed or carried, any animal in such a manner or position as to cause that animal any unnecessary suffering; (c) shall cause, procure, or assist at the fighting or baiting of any animal; or shall keep, use, manage or act or assist in the management of, any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or shall permit any premises or place to be so kept, managed, used, or shall receive or cause or procure any person to receive, money for the admission of any person to such premises or place; (d) shall wilfully, without any reasonable cause or excuse, administer, or cause or procure, or being the owner, permit, such administration of, any poisonous or injurious drug or substance to any animal, or shall wilfully, without any reasonable cause or excuse, cause any such substance to be taken by any animal; or (e) shall subject, or cause or procure, or being the owner permit to be subjected, any animal to any operation which is performed without due care and humanity, such person shall be guilty of an offence of cruelty within the meaning of this Act, and shall be liable to a fine of £25 and to imprisonment for six months. (2) For the purpose of this section, an owner shall be deemed to have permitted cruelty within the meaning of this Act if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom: Provided that, where an owner is convicted of permitting cruelty within the meaning of this Act by reason only of his having failed to exercise such care and supervision he shall not be liable to imprisonment without the option of a fine. (3) Nothing in this section shall render illegal any act done by a registered medical practitioner or by a veterinary surgeon, which may be lawfully done under the Cruelty to Animals Act, 1876, of the United Kingdom, by a person licensed under that Act, or shall apply— (a) to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering; or (b) to the coursing or hunting of any captive animal, unless such animal is liberated in an injured, mutilated, or exhausted condition; but a captive animal shall not, for the purposes of this section, be deemed to be coursed or hunted before it is liberated for the…

CHAPTER 64:02NOXIOUS WEEDS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Duty of persons responsible to clear 4. Power to enter upon land 5. Notice to be served on persons responsible for infected land 6. Manner in which notices may be served 7. Penalty for failure to comply with notice 8. Inspector may clear at expense of person responsible 9. Penalty for obstruction of weed inspector in exercise of his duty 10. Noxious weed not to be disposed of in certain ways 11. Power to take samples of seed and treatment of plant, seed or grain offered for sale 12. Penalty for offering for sale infected seed, etc. 13. Local Authorities authorized to make By-laws ad hoc 14. Responsible person in any district may petition Government to have plant declared noxious weed 15. Minister may declare plant to be noxious weed or remove any plant from list of noxious weeds 16. Regulations 17 of 19368 of 19511 of 1963G.N. 22/196350/19631/1965137/1966 An Act to make Provision for the Eradication of Noxious Weeds 1. Short title This Act may be cited as the Noxious Weeds Act. 2. Interpretation In this Act, except where the context otherwise requires— “clear” means to dig up or pull up and burn noxious weeds, or to employ other means of destruction authorized by the Minister; “noxious weed” means any plant which the Minister may by notice published in the Gazette declare to be a noxious weed, either throughout the whole of Malawi or in one or more Districts or portions of Districts thereof; “owner”, in relation to unoccupied land, includes— (a) in the case of a company or an association, the manager or, if his name be not known, any director of the company or association; (b) in the case of a partnership, the manager or, if his name be not known, any member of the partnership; “person responsible”, in relation to land, means— (a) the occupier of land, or in the case of unoccupied land the registered owner thereof; (b) in the case of a mining location, the holder of such location; (c) in the case of public land or customary land over which grazing or other rights have been granted, the holder of such rights; (d) in the case of land in customary land, the occupier or person who has the use of such land, or the Chief who has jurisdiction thereover, or all or any of the inhabitants of the nearest village; (e) in the case of commonage or town lands or roads or other areas, the Municipal Council or Town Council under whose control or within whose jurisdiction such land, road or other area is situate; “weed inspector” means any person authorized by the Minister to perform the duties of an inspector under this Act. Magistrates, District Commissioners, Assistant District Commissioners, and all members of the police force shall be ex officio weed inspectors for the purposes of this Act. 3. Duty of persons responsible to clear It shall be the duty of every person responsible under this Act to clear or cause to be cleared any noxious weeds growing or occurring on the land in respect of which he is responsible. It shall further be the duty of any person to report forthwith to the nearest known weed inspector the occurrences of any noxious weeds on any land in respect of which such person is responsible. Any person contravening this section shall be liable to a fine of £10 or in default of payment to imprisonment for one month. 4. Power to enter upon land A weed inspector may at all reasonable times enter upon any land, whether enclosed or not, for the purpose of ascertaining if any noxious weeds are growing thereon. 5. Notice to be served on persons responsible for infected land If a weed inspector finds any noxious weed growing or occurring upon land, he may by notice in writing to the person responsible require him to clear such land within a reasonable time to be specified in the notice, and it shall thereupon be the duty of the person responsible to do so. Such notice shall indicate the particular noxious weed occurring upon the land and as nearly as practicable the portion or portions of the land on which the said noxious weed occurs. 6. Manner in which notices may be served Any notice under this Act shall be in writing, signed by the person giving such notice. Such notice shall be deemed to be duly served— (a) if served personally upon the person responsible; or (b) if left addressed to the person responsible at his usual or last known place of abode; or (c) if posted in a prepaid registered letter addressed to the person responsible at his last known place of abode or business.…

CHAPTER 6:04LOANS RECOVERY ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. (1) Power to court to reopen money-lending transactions (a) in suits by creditors (2) (b) at instance of debtor (4) Application of section (5) Saving for bona fide assignee, etc. 7 of 193424 of 197213 of 1974G.N. 219/1964(N) An Act Relating to Money-lending Transactions 1. Short title This Act may be cited as the Loans Recovery Act. 2. Interpretation In this Act— “court” includes the High Court and any subordinate court and any Traditional Court other than a Regional Traditional Court or a court of a grade below that of a Grade AI Traditional Court. 3. Power to court to reopen money- lending transactions (a) in suits by creditors (1) Where proceedings are taken in any court for the recovery of any money lent after the commencement of this Act, or the enforcement of any agreement or security made or taken after the commencement of this Act, in respect of money lent either before or after the commencement of this Act, and there is evidence which satisfies the court that the interest charged in respect of the sum actually lent is excessive, or that the amounts charged for expenses, inquiries, fines, bonus, premium, renewals or any other charges, are excessive, and that, in either case, the transaction is harsh and unconscionable, or is otherwise such that a court of equity would give relief, the court may reopen the transaction, and take an account between the lender and the person sued, and may, notwithstanding any statement or settlement of the account or any agreement purporting to close previous dealings and create a new obligation, reopen any account already taken between them, and relieve the person sued from payment of any sum in excess of the sum adjudged by the court to be fairly due in respect of such principal, interest, and charges, as the court having regard to the risk and all the circumstances, may adjudge to be reasonable; and, if any such excess has been paid, or allowed in account, by the debtor, may order the creditor to repay it; and may set aside, either wholly or in part, or revise, or alter, any security given or agreement made in respect of money lent by the lender, and if the lender has parted with the security may order him to indemnify the borrower or other person sued. (b) at instance of debtor (2) Any court in which proceedings might be taken for the recovery of money lent by a lender shall have and may, at the instance of the borrower or surety or other person liable, exercise the like powers as may be exercised under this section where proceedings are taken for the recovery of money lent; and the court shall have power, notwithstanding any provision or agreement to the contrary, to entertain any application under this Act by the borrower or surety, or other person liable, notwithstanding that the time for repayment of the loan, or any instalments thereof, may not have arrived. (3) On any application relating to the admission or amount of a proof by a money-lender in any bankruptcy proceedings, the court may exercise the like powers as may be exercised under this section when proceedings are taken for the recovery of money. Application of section (4) The foregoing provisions of this section shall apply to any transaction which, whatever its form may be, is substantially one of money-lending. Saving for bona fide assignee, etc. (5) Nothing in the foregoing provisions of this section shall affect the rights of any bona fide assignee or holder for value without notice.