Category: Principal Legislation

CHAPTER 7:01PENAL CODE ARRANGEMENT OF SECTIONS SECTION PART IGENERAL PROVISIONS CHAPTER IPRELIMINARY 1. Short title 2. Savings of certain laws CHAPTER IIINTERPRETATION 3. General rule of construction of the Code 4. Interpretation CHAPTER IIITERRITORIAL APPLICATION OF THIS CODE 5. Offence committed partly within and partly beyond the jurisdiction 6. Jurisdiction and procedure in respect of certain offences committed in countries outside the Republic CHAPTER IVGENERAL RULES AS TO CRIMINAL RESPONSIBILITY 7. Ignorance of law 8. Bona fide claim of right 9. Intention: motive 10. Mistake of fact 11. Presumption of sanity 12. Insanity 13. Intoxication 14. Immature age 15. Judicial officers 16. Compulsion 17. Defence of person or property 18. Use of force in effecting arrest 19. Compulsion by spouse 20. Person not to be punished twice for the same offence CHAPTER VPARTIES TO OFFENCES 21. Principal offenders 22. Offences committed by joint offenders in prosecution of common purpose 23. Counselling another to commit an offence 24. Offences by corporations, societies, etc. CHAPTER VIPUNISHMENTS 25. Different kinds of punishments 26. Sentence of death 27. Imprisonment 28. 28A. Short sentences of imprisonment 29. Fines 30. Forfeiture 31. Suspension or forfeiture of right to carry on business 32. Compensation 33. Costs 34. General punishment for misdemeanors 35. Sentences cumulative unless otherwise ordered 36. Escaped convicts to serve unexpired sentences when recaptured 37. PART IICRIMES Division IOffences Against Public Order CHAPTER VIITREASON AND OTHER OFFENCES AGAINST THE GOVERNMENT’S AUTHORITY 38. Treason 39. Concealment of treason 40. Promoting war, etc., amongst groups 41. Inciting to mutiny 42. Aiding soldiers or policemen in acts of mutiny 43. Inducing soldiers or policemen to desert 44. Aiding prisoners of war to escape 45. Definitions 46. 47. 48. 49. 50. 51. 52. 53. 54. Unlawful oaths to commit capital offences 55. Other unlawful oaths to commit offences 56. Compelling another person to take an oath 57. Compulsion, how far a defence 58. Person present deemed to consent to administering of oath unless he reports to authorities 59. Unlawful drilling 60. Publication of false news likely to cause fear and alarm to the public 60A. CHAPTER VIIIOFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILLITY 61. Defamation of foreign dignitaries 62. Foreign enlistment 63. Piracy CHAPTER IXUNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILLITY 64. Definition of society and unlawful society 65. Managing unlawful society 66. Being member of unlawful society 67. Prosecutions under sections 65 and 66 68. Power of entry, arrest, search, etc. 69. Disposal of property of an unlawful society 70. Forfeiture of insignia, etc. 71. Unlawful assembly Riot 72. Punishment of unlawful assembly 73. Punishment of riot 74. Making proclamation for rioters to disperse 75. Dispersion of rioters after proclamation made 76. Rioting after proclamation 77. Preventing or obstructing the making of proclamation 78. Rioters demolishing buildings, etc. 79. Rioters injuring buildings, machinery, etc. 80. Riotously preventing the sailing of ship 81. Prohibition of carrying offensive weapons without lawful authority or reasonable excuse 82. Forcible entry 83. Forcible detainer 84. Fighting in public 85. Challenge to fight a duel 86. Threatening violence 87. Proposing violence at assemblies 88. Intimidation 89. Assembling for the purpose of smuggling Division IIOffences Against the Administration of Lawful Authority CHAPTER XCORRUPTION AND THE ABUSE OF OFFICE 90. Official corruption 91. Extortion by public officers 92. Public officers receiving property to show favour 93. Officers charged with administration of property of a special character or with special duties 94. False claims by officials 95. Abuse of office 96. False certificates by public officers 97. Unauthorized administration of oaths 98. False assumption of authority 99. Personating public officers 100. Threat of injury to persons employed in public service CHAPTER XIOFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE 101. Perjury and subornation of perjury 102. Perjury in written statement 103. False statements by interpreters 104. Punishment of perjury and subornation 105. Fabricating evidence 106. False swearing 107. Deceiving witnesses 108. Destroying evidence 109. Conspiracy to defeat justice and interference with witnesses 110. Compounding felonies 111. Compounding penal actions 112. Advertisements for stolen property 113. Offences relating to judicial proceedings CHAPTER XIIRESCUES, ESCAPES AND OBSTRUCTING OFFICERS OF COURT OF LAW 114. Rescue 115. Escape 116. Permitting prisoners to escape 117. Aiding prisoners to escape 118. Removal, etc., of property under lawful seizure 119. Obstructing court officers CHAPTER XIIIMISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY 120. Frauds and breaches of trust by public officers 121. Neglect of official duty 122. False information to person employed in the public service 123. Disobedience of statutory duty 124. Soliciting, etc., to break the law 125. Soliciting public officers, etc., to fail to carry out their duties 126. Arrest without warrant Division IIIOffences Injurious to the Public in General CHAPTER XIVOFFENCES RELATING TO RELIGION 127. Insult to religion of any class 128. Disturbing religious assemblies 129. Trespassing on burial places 130.…

CHAPTER 8:02FINGERPRINTS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Power to take fingerprints of accused or convicted persons 4. Conviction to be recorded on fingerprint form 5. Establishment of fingerprint bureau 6. Fingerprint forms to be evidence 7. Proof of conviction by fingerprints 8. Power to make Rules 9. Saving 5 of 192830 of 1969G.N. 22/196316/1964(M) An Act to facilitate the identification of criminals by means of fingerprints 1. Short title This Act may be cited as the Fingerprints Act. 2. Interpretation In this Act and any Rules made hereunder, unless the context otherwise requires— “authorized officer” means any police officer or prison officer of Malawi; “fingerprints” include the marks made by the papillary ridges of the fingers and palms of the hands and the toes and soles of the feet; 30 of 1969 “fingerprint form” means a piece of paper or cardboard printed in accordance with Rules framed under this Act. 3. Power to take fingerprints of accused or convicted persons (1) An authorized officer may take the fingerprints of any person in lawful custody for any offence, whether accused or convicted, or who is subject to police supervision. (2) The person whose fingerprints are taken, if able to write, shall sign the form in the place provided for the purpose. 30 of 1969 (3) If any such person, when required to do so by an authorized officer, refuses to have his fingerprints taken or to sign the fingerprint form, he shall commit an offence and be liable to a fine of ten pounds and to imprisonment for one month and to enable such fingerprints to be taken reasonable force may be used by an authorized officer with the permission, and in the presence, of a magistrate or an officer in charge of police of the rank of Inspector or above. 4. Conviction to be recorded on fingerprint form If the person whose fingerprints are taken is convicted of any offence, his conviction and sentence shall be recorded in the space provided for the purpose on the fingerprint form. If he is acquitted, the fingerprint form shall be destroyed. 5. Establishment of fingerprint bureau There shall be established at a place to be approved by the Minister an office (in this Act and any Rules made hereunder referred to as the “fingerprint bureau”) for the preservation, comparison and indexing of the fingerprint forms. 6. Fingerprint forms to be evidence Where the fingerprints on a fingerprint form purport to have been taken and the entries thereon purport to have been made by an authorized officer, the fingerprint form shall be admissible in evidence without proof, and shall be prima facie evidence of the conviction and sentence of the person whose fingerprints are impressed thereon. 7. Proof of conviction by fingerprints For the purpose of proving a previous conviction of a person accused or convicted of any offence, a certificate in the form contained in the Rules made under this Act and purporting to be signed by the officer in charge of the fingerprint bureau, or by the officer in charge of any fingerprint bureau without Malawi, shall be admissible in evidence without proof, and shall be prima facie evidence that the fingerprints to which the certificate relates are the fingerprints of the same person and also of the previous convictions and sentences recorded in the certificate. 8. Power to make Rules The Minister may make Rules regulating the work of the fingerprint bureau, and for the better carrying out of the purposes of this Act, and any person guilty of a breach of such Rules shall be liable to a fine of £10 and to imprisonment for one month 9. Saving Any fingerprints taken under the Prisoners Identification Ordinance, 1921 (now repealed) shall be deemed to have been taken under this Act, and the forms on which such fingerprints were taken shall be deemed to be fingerprint forms as defined by this Act. 6 of 1921

CHAPTER 58:02DEEDS REGISTRATION ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Saving 3. Interpretation 4. Official seal 5. Power to sue 6. Compulsory registration of documents 7. Time for presenting documents for registration 8. Charges on land take priority according to date of registration 9. Holder of mortgage entitled to certificate of registration 10. Registration of recognizance 11. Registration of lis pendens 12. Cancellation of registration 13. Registration defined 14. Power of attorney 15. Registration of map accompanying document 16. Persons to present documents for registration 17. Description of parcels 18. Documents in foreign language 19. Fees and duties to be paid before registration 20. Right of Registrar to refuse documents 21. Registrar to refuse documents executed by companies in certain circumstances 22. Registration not to cure defect or confer validity 23. Copy documents to be numbered and filed in order of lodgment 24. Endorsed memorandum prima facie proof of registration 25. Indemnity of Deeds Registrar 26. Amendment of Register 27. Appeal and reference to the Court 28. Effect of non-registration 29. Penalties for fraud 30. Saving of obligation to make discovery 31. Penalty for non-registration of documents 32. Certified copy admissible as evidence of contents of lost or destroyed document 33. Production of filed document in Court 34. Search 35. Fees payable 36. Power of Minister to make Rules Schedules 8 of 19168 of 195116 of 195828 of 196011 of 19636 of 196725 of 196851 of 1971G.N. 106/1942219/1964(N)137/1966166/1967224/197189/1987109/198726/2011 An Act to replace with amendments the law as to the registration of documents relating to land 1. Short title This Act may be cited for all purposes as the Deeds Registration Act. 2. Saving All documents affecting land registered under the Registration of Documents Ordinance, 1910 (now repealed) or under any previous regulation shall be deemed to be registered under this Act. 3. Interpretation In this Act unless the context otherwise requires— “Deeds Registrar” means the Registrar General or such other person as the Minister may, by notice published in the Gazette, appoint to be Deeds Registrar for the purpose of this Act; “Document” includes deeds and all instruments in writing which pass any interest in land or affecting land and in the case of a will means the probate of a will sealed in Malawi or letters of administration with will annexed sealed in Malawi; “Deeds Registry File” shall consist of documents filed in chronological order in the archives of the Deeds Registry. 4. Official seal (1) The Deeds Registrar shall have an official seal. (2) Judicial notice shall be taken by all courts of law of the said official seal and any instruments purporting to be sealed therewith shall be presumed to be a correct copy of the original. 5. Power to sue The Deeds Registrar may sue and be sued by his official title. 6. Compulsory registration of documents From and after the commencement of this Act all deeds, conveyances, wills and instruments in writing whether under seal or not whereby any land or interest in or affecting land other than land registered in accordance with the Registered Land Act, may be affected at law or in equity whether executed prior or subsequent to the date of this Act are subject to compulsory registration in the Deeds Registry Office: Provided that the Minister designated for the purpose of this section by the President may, in such areas and in respect of such leases or classes of leases or other instruments relating to land tenancy as he may specify by notice published in the Gazette, exempt such leases, classes of leases or other instruments from the requirement of registration under this section. 7. Time for presenting documents for registration (1) In the case of any deed or document the registration of which is declared by this Act to be compulsory— (a) where such deed or document is executed after the commencement of this Act the same shall be presented for registration within three months from the date of its execution if executed within Malawi; (b) where such deed or document is executed after the commencement of this Act but without Malawi the same shall be presented for registration within six months from the date of its execution; (c) where such deed or document has been executed before the commencement of this Act and has not been registered but its effect continues after the commencement of this Act the same shall be presented for registration within three months of the commencement of this Act; (d) the registration of any unregistered document executed before the commencement of this Act shall validate the transaction thereby effected as from the date of the document but subject to any interim registered acts touching the same land or interests and subject to any dealings of later date that may be registered under the next…

CHAPTER 18:01COMMISSIONS OF INQUIRY ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. (1) Power to issue Commissions of inquiry into matters of public nature, etc. (2) Particulars of Commissions 3. Power to appoint fresh Commissioners and to alter and revoke Commissions 4. Commissions not affected by change of President 5. As to oath of office by Commissioners 6. Power to appoint Secretary—his duties 7. Duties of Commissioners defined 8. Division of opinion of Commissioners 9. Commissioners’ power to regulate proceedings 10. Power to summon and examine witnesses and privilege of Commissioners from suit 11. False evidence 12. (1) Duty of witnesses summoned: Expenses of witnesses (2) Penalty for contumacy, insult or interruption of proceedings 13. Appearance of legal practitioner 14. Commissions, etc., to be published in Gazette 15. As to proceedings for penalties Schedule 3 of 1914G.N. 16/1964(M)137/1966166/1967 An Act to Enable the President to Issue Commissions of Inquiry with Special Powers 1. Short title This Act may be cited as the Commissions of Inquiry Act. 2. Power to issue Commissions of inquiry into matters of public nature, etc. (1) The President may issue a Commission under his hand and the public seal of Malawi appointing one or more Commissioners and authorizing such Commissioner or Commissioners to inquire into any matter in which an inquiry would be for the public welfare. Particulars of Commissions (2) Every such Commission shall specify the subject, nature and extent of the inquiry, and may contain directions in the following matters— (a) in what manner the Commission shall be executed; (b) if there be more Commissioners than one which of them shall act as chairman; (c) what number of them shall constitute a quorum; (d) the place and time where and within which the inquiry shall be made and the report thereof rendered; (e) whether or not the inquiry shall be held in public, with reservation nevertheless to the Commissioners to exclude any person or persons if they deem fit for the due conduct of the inquiry, the preservation of order or for any other reason; (f) and generally for the better giving effect to the purpose of the inquiry. 3. Power to appoint fresh Commissioners and to alter and revoke Commissions In case any Commissioner shall be or become unable or unwilling to act or shall die, the President may appoint another Commissioner in his place; and any Commission issued under this Act may be altered as the President may deem fit by any subsequent Commission issued by the President, or may be revoked altogether by a notification to that effect published in the Gazette. 4. Commissions not affected by change of President No Commission issued under this Act shall lapse by reason of, or be otherwise affected by, the absence of the President issuing the same, or by his ceasing to hold office whether as a result of his death or for any other reason. Commissions not affected by change of President 5. As to oath of office by Commissioners It shall be the duty of the Commissioner appointed under this Act to make and subscribe an oath or affirmation in the form in the Schedule, which oath or affirmation may be taken before the President, or before such person as the President may appoint and shall be deposited by the Commissioner with the Registrar of the High Court. 6. Power to appoint Secretary—his duties The President may appoint a Secretary to attend the sittings of the Commission, to record their proceedings, to keep their papers, summon witnesses and minute their testimony, and generally to perform such duties connected with such inquiry as the Commissioners shall prescribe. Power to appoint Secretary— his duties 7. Duties of Commissioners defined It shall be the duty of the Commissioners, after taking such oath or making such affirmation, to make a full, faithful, and impartial inquiry into the matter specified in the Commission, to conduct such inquiry in accordance with the directions (if any) contained therein; to report in due course to the President, in writing, the result of such inquiry, and also, if required, to furnish to the President a full statement of the proceedings of the Commission, and of the reasons leading to the conclusions arrived at or reported. 8. Division of opinion of Commissioners If the Commissioners shall, in any case, be equally divided on any question that arises during the proceedings of the Commission, the Chairman of the Commission shall have a second or casting vote. 9. Commissioners’ power to regulate proceedings The Commissioners acting under this Act may make such rules for their own guidance, and the conduct and management of proceedings before them, and as to the times and places for their sittings, not inconsistent with their Commission, as they may from time to time think fit, and may from time…

CHAPTER 7:02WITCHCRAFT ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Prohibition of trial by certain ordeals 3. (1) Instigating, directing, etc., trial by prohibited ordeal (3) Being present at trial by prohibited ordeal (4) Making, etc., poison for trial by prohibited ordeal 4. Charging person with witchcraft 5. Employment of witchfinder 6. Pretending witchcraft 7. Chiefs and headmen permitting, etc., prohibited trials by ordeal 8. Profession of witchcraft illegal 9. Using charms, lots, etc. 10. Act not to affect liability for wilful murder 11. Power to make Rules 4 of 19118 of 192931 of 1946G.N. 22/1963219/1964(N) An Act to deal with Trial by Ordeal, Witchcraft and the use of Charms 1. Short title This Act may be cited as the Witchcraft Act. 2. Prohibition of trial by certain ordeals Trial by the ordeal of muabvi or other poison, fire, boiling water, or by any ordeal which is likely directly or indirectly to result in the death of or bodily injury to any person shall be and is hereby prohibited. 3. Instigating, directing, etc., trial by prohibited ordeals (1) Any person who directs or controls or presides at any trial by ordeal which is prohibited by this Act shall be liable to imprisonment for seven years: (2) Any person who within Malawi instigates or conspires or confederates or agrees to hold a trial by ordeal which is prohibited by this Act, whether the same is to be held within Malawi or elsewhere, shall be liable to imprisonment for seven years. Provided that where any such trial as mentioned in the two foregoing subsections results in the death of any person, the person directing, controlling or presiding at such trial and the person instigating any such trial or conspiring, confederating or agreeing to hold any such trial shall be liable to imprisonment for life or for any shorter term. Being present at trial by prohibited ordeal (3) Any person who is present at or takes any part in any trial by ordeal which is prohibited by this Act shall be liable to a fine of £5 and to imprisonment for one year: Provided that no person shall be punished in respect of the same trial by ordeal under this and the last preceding subsection. Making etc., poison for trial by prohibited ordeal (4) Any person who collects, makes, sells, or assists or takes part in making or selling, or has in his possession any poison or thing which is intended to be used for the purposes of any trial by ordeal which is prohibited by this Act shall be liable to a fine of £5 and to imprisonment for one year. An African found in possession of muabvi or other poison commonly used for the purpose of trial by ordeal shall be deemed to have committed an offence under this section unless he shall prove that such poison was not intended for such purpose. 4. Charging person with witchcraft Any person who, otherwise than in laying information before a court, a police officer, a Chief, or other proper authority, accuses any person with being a witch or with practising witchcraft or names or indicates any person as being a witch or wizard shall be liable to a fine of £25 and to imprisonment for five years. 5. Employment of witch-finder Any person who employs or solicits any other person to name or indicate by the use of any non-natural means any person as the perpetrator of any alleged crime or other act complained of shall be liable to a fine of £25 and to imprisonment for five years. 6. Pretending witchcraft Any person who by his statements or actions represents himself to be a wizard or witch or as having or exercising the power of witchcraft shall be liable to a fine of £50 and to imprisonment for ten years. 7. Chiefs and Headmen permitting, etc., prohibited trials by ordeal Any Chief or Headman who directly or indirectly permits, promotes, encourages or facilitates any trial by ordeal which is prohibited by this Act, or who knowing of such trial or intended trial does not forthwith report the same to the District Commissioner of the District in which such trial has been or is intended to be held, shall be liable to a fine of £25 and to imprisonment for five years. Every Chief or Headman within whose territory or village any prohibited trial by ordeal takes place shall be deemed to have committed an offence under this section, unless he shall prove that as a matter of fact he was justifiably ignorant of such trial or intended trial. 8. Profession of witchcraft illegal The profession or calling of witchfinder or witchdoctor or of professional maker or mixer of poison is hereby declared to be an illegal calling and every person exercising or…

CHAPTER 69:03RAILWAYS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. (1) Interpretation (2) Powers of assistant managers 3. Sanction by Minister of railway construction 4. Deposit and approval of plans, sections, etc. 5. (1) Railway to be made according to plans (2) Deviation 6. PART ICONSTRUCTION AND WORKS 7. (1) Authority of railway administration to execute all necessary work (2) Alteration of pipes, wires, and drain 8. Temporary entry upon land for repairing or preventing accident 9. Compensation to be made for lands taken or injuriously affected 10. Purchase of land and compensation by agreement 11. Accommodation works 12. Power for owner, occupier or local authority to cause additional accommodation works to be made 13. Fences, screens, gates and bars 14. Removal of trees dangerous to or obstructing the working of a railway PART IIOPENING OF THE RAILWAY 15. Right to use locomotives 16. Notice of intended opening of a railway 17. Sanction of Minister to opening of railway 18. Reopening line after temporary suspension of traffic 19. Inspection 20. Power to close railway when opened 21. Reopening railway when closed 22. Penalty for contravention of Part II PART IIITRAFFIC 23. Duty of railway administration as to traffic facilities 24. Facilities to be given for forwarding traffic by connected railways 25. (1) No undue preference to be given (2) Terminals 26. Proceedings when complaint is made of breach of last two sections 27. Proof of undue preference 28. 29. Returns 30. Provision for letters PART IVRATES 31. Taxation of railway by local authorities PART VLEGAL PROCEEDINGS 32. Actions by and against railway administration 33. Restriction on execution against railway property 34. Service of summonses, notices, etc. PART VIRESPONSIBILITY OF A RAILWAY ADMINISTRATION AS CARRIERS 35. Liability for loss or injury in respect of goods 36. Provisions as to liability in respect of carriage of certain animals 37. Liability as to passengers’ luggage 38. Liability as to articles of special value 39. Burden of proof in respect of loss of animals or goods 40. Notification of claims for compensation for loss, etc., and for refund of overcharges 41. Exoneration from responsibility in case of goods falsely described PART VIIACCIDENTS 42. Report of accidents 43. Power to make Rules regarding notices 44. Submission of return of accidents 45. Penalties for failure to comply with sections 42 and 43 46. Penalty for failure to comply with section 44 47. Provision for compulsory medical examination of person injured in railway accident PART VIIIMANAGEMENT 48. General Rules 49. Disposal of differences, between railways regarding conduct of joint traffic 50. Maximum load for wagons 51. Maximum number of passengers 52. Powers of Manager over railway officials 53. Fares to be prepaid Passenger tickets to be given up on demand 54. Fare and freight to be accepted conditionally 55. Penalty for fraud 56. Fine for entering or leaving carriage in motion or riding on steps 57. Fine for riding on engine, tender or luggage van 58. Where smoking and chewing betel, etc., prohibited 59. Penalty for intoxication or nuisance 60. Passengers may be directed as to the carriage or compartment in which they shall travel 61. Penalty for entering private room or carriage 62. Remedy for non-payment of the carriage of goods Remedy for non-payment of fare 63. Written account of goods to be given on demand 64. Penalty for giving no account or false account 65. Carriage of goods of a dangerous nature 66. Persons suffering from leprosy, etc., not allowed to travel 67. Penalty for trespass 68. Penalty for driving an animal upon or across a railway 69. Penalty for defacing pass or ticket 70. Penalty for obstructing railway servant 71. Occupation crossings 72. Liability of owner of animal trespassing 73. Penalty for injury to carriage, etc. 74. Penalty for opening or not properly shutting gates or chains 75. Obstructing engine or carriages or endangering safety of passengers 76. Penalty for wilful act or omission endangering passengers 77. Penalty for drunkenness or breach of duty by railway official 78. Penalty for an act not wilful 79. Unauthorized stopping of trains 80. Breach of Rules 81. Apprehension of offenders 82. Provisions where it is necessary to arrest railway official 83. Construction of the Act 84. Liability of offenders to pay costs of conviction 85. Recovery of money due; damages and expenses 86. Limitation of time for commencement of actions and prosecutions 87. Enforcing payment of fare by passenger not producing ticket 88. A copy, of this Act to be shown at railway stations 89. Penalty for removing documents or notices Schedule 7 of 190736 of 195220 of 1954(F)1 of 19576 of 197021 of 1970 s.6 and 2nd Sch.G.N. 200/1963219/1964(N)166/1967 An Act to regulate the construction, control, management and operation of railways in Malawi and for matters incidental thereto. 1. Short title and application This Act may…