Category: Principal Legislation

CHAPTER 47:03GAMING AND LOTTERIES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE MALAWI GAMING AND LOTTERIES AUTHORITY 3. Establishment of the Malawi Gaming and Lotteries Authority 4. Functions of the Authority 5. Powers of the Authority 6. Composition of the Authority 7. Tenure of office 8. Vacancies 9. Meetings 10. Committees of the Authority 11. Declaration of interest 12. Allowances 13. Secretariat 14. Confidentiality 15. Non-liability of members and employees 16. Seal of the Authority 17. Annual report PART IIILICENSING OF GAMING 18. Gaming licences 19. Types of gaming licences 20. Location and extent of gaming premises 21. General conditions of gaming licence 22. Duration of a gaming licence 23. Books to be kept by licensee 24. Authorization to organize and manage gaming on premises 25. Licensing of the use of gaming machines 26. Internet gaming 27. Sports betting 28. Gaming fees and levy PART IVLICENSING OF LOTTERIES 29. Requirement of incorporation of promoters 30. Licensing of promoters and conductors of lotteries 31. National Lottery Licences 32. Application for National Lottery Licence 33. Factors for grant or renewal of National Lottery Licence 34. Requirements and conditions for National Lottery Licence 35. Variation of conditions of National Lottery Licence 36. Enforcement of conditions of National Lottery Licence 37. Suspension and revocation of National Lottery Licence 38. Grounds for suspension or revocation of National Lottery Licence 39. Notice of suspension or revocation of National Lottery Licence 40. Representations by a licensee 41. Promotional competitions 42. Bookmaker’s licence 43. Lotteries for charitable causes 44. Powers of the Authority in respect of lotteries for charitable causes 45. Utilization of gross proceeds of lottery for charitable causes 46. Invalid conditions by promoters of lotteries for charitable causes 47. Lotteries incidental to certain entertainment 48. Private lotteries 49. Unspecified lotteries 50. Commercial bingo games licence 51. Video lottery terminal games or gaming PART VGENERAL LICENSING PROVISIONS 52. Determination of beneficial owner 53. Establishment of electronic monitoring system 54. Obligation to connect with electronic monitoring system 55. Failure to connect with electronic monitoring system 56. Obligations of licensees 57. Surrender of licence on suspension or revocation 58. Submission of accounts by licensees 59. Licences not transferable 60. Inspectors 61. Restrictions on credit, loans, etc. 62. Risk-based approach 63. Advertisement 64. Change in ownership or management of licensee or permit holder PART VIFINANCIAL PROVISIONS 65. Funds of the Authority 66. Accounts and audit 67. Financial year of the Authority PART VIITHE GAMING AND LOTTERIES FUND 68. Gaming and Lotteries Fund 69. Vesting and administration of Fund 70. Objects of the Fund 71. Bank accounts 72. Investment of money not immediately required by Fund 73. Allocation of funds PART VIIIOFFENCES AND PENALTIES 74. Obtaining of money by cheating at a game 75. Penalties for late payment of levy, etc. 76. Offences related to licensed gaming premises 77. Gaming, betting and lottery with children 78. Offences related to gaming machines 79. Gaming in streets 80. Offences by body corporate 81. Unauthorized lotteries 82. General offences relating to lotteries 83. Offences relating to National Lottery 84. Making false statement or declaration on licence application, renewal, etc. 85. Failure to pay winners 86. General penalty 87. Forfeiture 88. Revocation of licence upon conviction 89. Administrative penalties PART IXMISCELLANEOUS PROVISIONS 90. Review of decisions of the Authority 91. Regulations 92. Repeal and savings 93. Agreements, licences, permits, etc. 94. Transfer of assets, funds, liabilities, etc. 95. Transfer of employees FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 34 of 2022G.N. 41/2022 An Act to provide for the regulation of gaming and lotteries; for the establishment of the Malawi Gaming and Lotteries Authority and its functions and powers; for the establishment, management and control of the Gaming and Lotteries Fund; and to provide for matters connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Gaming and Lotteries Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Malawi Gaming and Lotteries Authority established under section 3; “bet” means to stake any money or thing of value or to stake on behalf of any person, expressly or impliedly, to undertake, promise or agree to stake on behalf of any person, any money or thing of value on any event or contingency other than the contingency involved in gaming and “betting” shall be construed accordingly; “bingo” means a game of chance in which the player uses a bingo score sheet or a score card, or an electronic representation thereof bearing numbers, and is played by marking or covering numbers from one to ninety, both numbers inclusive, as are identical to numbers drawn by chance, whether manually or electronically, and won by the player who first marks or covers the “line” which is achieved when, during one game, for the first time all five numbers…

CHAPTER 18:10PEACE AND UNITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE MALAWI PEACE AND UNITY COMMISSION 3. Malawi Peace and Unity Commission 4. Functions of the Commission 5. Appointment and composition of the Commission 6. Procedure for appointing members of the Commission 7. Tenure of office and vacancies 8. Meetings of the Commission 9. Committees of the Commission PART IIISECRETARIAT OF THE COMMISSION 10. Secretariat of the Commission 11. Director General 12. Duties of the Director General 13. Removal of Director General 14. Other members of staff of the Commission PART IVDISTRICT PEACE AND UNITY COMMITTEES 15. Establishment of District Peace and Unity Committees 16. Functions of District Peace and Unity Committees 17. Appointment and composition of District Peace and Unity Committees 18. Tenure of office and vacancies of members of District Peace and Unity Committees 19. Meetings of District Peace and Unity Committees 20. Area peace and unity committees 21. District Peace and Unity Officer PART VPEACE BUILDING AND CONFLICT RESOLUTION 22. Unity and peace building programmes 23. Conflict prevention, management and resolution 24. Access to, and disclosure of, information 25. Evidence not admissible in court 26. Settlement agreement 27. Powers of the Commission 28. Commission to maintain register 29. Roster of experts 30. Deployment of experts 31. Assistance by a public officer or public institution 32. Reference to Commission to include District Peace and Unity Committee, etc. PART VIFINANCIAL PROVISIONS 33. Funds and property of the Commission 34. Peace and Unity Fund 35. Vesting of the Fund 36. Advances to the Fund 37. Holdings of the Fund 38. Accounting and audit 39. Allowances PART VIIMISCELLANEOUS 40. Monitoring and evaluation 41. Disclosure of interest 42. Prohibition of publication or disclosure of information to unauthorized persons 43. Oath or affirmation of secrecy 44. Immunity 45. Reports 46. Regulations, rules etc. SCHEDULE 16 of 2022G.N. 34/2022 An Act to provide for a mechanism for fostering peace and unity in Malawi; the establishment, management and operation of the Malawi Peace and Unity Commission; the establishment of a national structure for conflict prevention, management and resolution; and to provide for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Peace and Unity Act. 2. Interpretation In this Act, unless the context otherwise requires— “Chairperson” means the Chairperson of the Commission appointed in accordance with section 8; “Commission” means the Malawi Peace and Unity Commission established under section 3; “expert” means any person whose name appears on the roster of experts maintained by the Commission under section 28; “Director General” means the Director General of the Commission appointed under section 11; “District Commissioner” includes a Chief Executive Officer of a city or town council; “District Peace and Unity Committee” means a District Peace and Unity Committee established under section 15; “Fund” means the Peace and Unity Fund established under section 34; “member” means a member of the Commission appointed under section 5; “local government authority” means a District Council, Town Council, Municipal Council or City Council constituted under the Local Government Act; “Public Appointments Committee” means the Public Appointments Committee of the National Assembly; and “Vice-Chairperson” means the Vice-Chairperson of the Commission appointed in accordance with section 8. PART IIESTABLISHMENT OF THE MALAWI PEACE AND UNITY COMMISSION 3. Malawi Peace and Unity Commission (1) There is hereby established the Malawi Peace and Unity Commission. (2) The Commission shall be a body corporate with perpetual succession and a common seal and shall be capable, by that name, of— (a) doing or performing all such acts as may be necessary or expedient for the furtherance of the provisions of this Act; and (b) subject to this Act, doing or performing all such acts as a body corporate may, by law, do or perform or such as are incidental or appertain to a body corporate. (3) The Commission shall be independent, non-partisan and impartial and shall not be subject to the direction or control of any person or authority in the performance of its functions. 4. Functions of the Commission (1) The Commission shall be the highest umbrella body and focal point for promoting unity, peace building and use of amicable conflict prevention, management and resolution mechanisms in Malawi. (2) Without prejudice to the generality of subsection (1), the functions of the Commission shall be to— (a) coordinate formulation and review of national policies on unity and peace building; (b) harmonize and coordinate efforts in conflict prevention, management and resolution for purposes of building sustainable peace; (c) provide guidance on conflict prevention, management and resolution to the Government and other entities; (d) provide a platform for peaceful dialogue on social, economic, political, ethnic, religious and other differences; (e) strengthen capacity for conflict prevention, management and resolution; (f) promote understanding of values of diversity,…

CHAPTER 46:07PUBLIC-PRIVATE PARTNERSHIP ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIOBJECTIVES 3. Overall objective 4. Specific objectives with respect to public-private partnerships 5. Specific objectives with respect to divestiture PART IIITHE PUBLIC-PRIVATE PARTNERSHIP COMMISSION 6. Establishment of the Commission 7. Composition of the Commission 8. Tenure of office and vacancies 9. Allowances of members 10. Authority and functions of the Commission 11. Functions of the Commission in relation to public-private partnerships 12. Functions of the Commission in relation to divestiture 13. Provision of advice 14. Meetings of the Commission 15. Special meetings 16. Quorum 17. Procedure at meetings of the Commission 18. Power to appoint committees 19. Disclosure of interest 20. Co-opted persons PART IVSECRETARIAT 21. Secretariat of the Commission 22. Appointment and duties of the Chief Executive Officer 23. Attendance of meetings of the Commission by the Chief Executive Officer and other officers 24. Recruitment of other employees 25. Disclosure of interest by employees, etc. 26. Oath of secrecy and non-disclosure of information PART VPUBLIC-PRIVATE PARTNERSHIP ARRANGEMENTS 27. Legal entity for implementing PPP Arrangements 28. Powers, functions and duties of Contracting Authorities 29. Power to transfer property 30. Delegation of powers of the Contracting Authority to a Private Party 31. Duty to conduct periodic PPP infrastructure needs assessment 32. Duty to include PPP project costs in annual budgets 33. Minimum terms of PPP contracts 34. Types of PPP Arrangements 35. Governing law for a PPP contract PART VIPROCEDURES FOR PPP PROJECT IDENTIFICATION 36. Criteria for project identification 37. Project pre-feasibility assessment 38. Submission of proposed PPP Arrangements 39. Technical project assessment 40. Publication of approved PPP Arrangements 41. Preparation of PPP Arrangements compendium PART VIIPROCEDURES FOR PPP PROJECT PROCUREMENT 42. Feasibility studies for PPP Arrangements 43. Delegation of feasibility study to a Private Party 44. Procurement of a private party 45. Advertisement of PPP Arrangements 46. Expression of interest by eligible bidders 47. Selection of preferred bidders 48. Request for and submission of proposals 49. Evaluation of proposals by the Commission 50. Selection of preferred proposal 51. Cancellation of PPP tender PART VIIIDIRECT NEGOTIATION, UNSOLICITED BIDS AND INITIATION OF PPP PROJECT PROCUREMENT BY A PRIVATE PARTY 52. Direct negotiation 53. Right to initiate a PPP project procurement 54. Unsolicited bids 55. Processing of unsolicited bids 56. Award of extra score PART IXPROCEDURES FOR AWARDING AND EXECUTION OF PPP CONTRACTS 57. Contract negotiation 58. Contract negotiations by a Contracting Authority 59. Post execution amendments to PPP contracts 60. Registration and publication of PPP contracts 61. Payment of transaction fees PART XCONTRACT PERFORMANCE AND SUPERVISION 62. Employment of advisors or project managers 63. Submission of progress reports 64. Contracting Authority’s right of temporary project takeover 65. Duty to monitor and oversee implementation of a PPP contract 66. Vesting of primary obligations in the Contracting Authority PART XIDIVESTITURE AND COMMERCIALIZATION OF STATE-OWNED ENTERPRISES 67. Divestiture of state-owned enterprises 68. Special rights of the Government 69. Allotment of shares and obligations of shareholders 70. Obligations of state-owned enterprises 71. Valuation of state-owned enterprises 72. Modes of divestiture 73. Eligible shares of members 74. Sale of shares to members of Cabinet, etc. 75. Established funds 76. Purchase of shares by citizens of Malawi 77. Negotiations of sale 78. Conversion of private companies to public companies 79. Liquidation 80. Completion of sale 81. Commercialization of specified Government departments PART XIIPUBLICATIONS, INFORMATION AND REPORTS 82. Publication and records of certain information 83. Unauthorized persons not to publish or disclose information 84. Public-Private Partnership Arrangements report PART XIIIFINANCIAL PROVISIONS 85. Funds of the Commission 86. Establishment of proceeds account 87. Application of the funds of the Commission 88. Accounting records and external audits 89. Annual financial reports 90. Establishment of a Project Financing Fund 91. Additional funds for PPP Arrangements and divestiture 92. Commission or Contracting Authority to keep record of cost of transactions PART XIVMISCELLANEOUS 93. Prohibition against exerting undue influence on officers 94. Falsification of information 95. Administrative penalties 96. General penalty 97. Regulations 98. Regulatory oversight of PPP arrangements and divestitures 99. Guidelines, policy directives or objectives PART XVTRANSITIONAL PROVISIONS, REPEAL AND SAVINGS 100. Saving of existing agreements and arrangements 101. Existing Public-Private Partnership Arrangements 102. Repeal and savings 23 of 2022 An Act to provide for partnerships between the public sector and the private sector for the supply of infrastructure and delivery of services as means of contributing towards sustainable economic growth, social development and infrastructure development; to provide for the development and implementation of Public-Private Partnership Arrangements in Malawi for the delivery of infrastructure and services; to provide for the establishment of the Public-Private Partnership Commission; to provide for privatization of state-owned enterprises, commercial entities and commercial assets; and to provide for matters connected with or incidental thereto PART IPRELIMINARY 1. Short title This Act may be…

CHAPTER 37:02PUBLIC FINANCE MANAGEMENT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Purpose of the Act 4. Application PART IIMANAGEMENT OF PUBLIC RESOURCES 5. Establishment of the Treasury 6. Functions and powers of the Treasury 7. Responsibilities of the Minister 8. Secretary to the Treasury 9. Responsibilities of the Secretary to the Treasury 10. Access to information by the Secretary to the Treasury 11. Accountant General 12. Responsibilities of the Accountant General 13. Responsibilities of Ministers 14. Responsibilities of controlling officers on management of public funds 15. Responsibilities of controlling officers on management of public assets 16. Responsibilities of officers 17. Comptroller of Internal Audit 18. Responsibilities of the Comptroller of Internal Audit 19. Audit committee 20. Functions of the audit committee PART IIIPARLIAMENTARY OVERSIGHT OF BUDGETARY MATTERS 21. Responsibilities of the Budget Committee 22. Powers of the Budget Committee 23. Meetings and reports of the Budget Committee 24. Confidentiality PART IVECONOMIC, FISCAL AND FINANCIAL POLICY 25. Principles of responsible fiscal management 26. Accounting procedures and practices 27. Economic and fiscal policy statement 28. Budget policy statement 29. Fiscal risk and management strategy 30. Economic and fiscal data 31. Reporting requirements 32. Provision of relevant information PART VPARLIAMENTARY APPROPRIATION AND BUDGET 33. Estimates 34. Form of estimates 35. Appropriation required 36. Adjustment for unforeseen expenditure 37. Approval of Appropriation Bill 38. Supplementary appropriation 39. Appropriation of Funds 40. Transfer between outputs 41. Charge for supply of goods or provision of services PART VIPUBLIC MONEY AND THE CONSOLIDATED FUND 42. Consolidated Fund 43. Development Fund 44. Treasury Funds 45. Treasury Single Account System 46. Dealing with public money 47. Banks to furnish statements 48. Overseas bank accounts and imprests 49. Balances may be invested 50. Temporary transfer from one fund or account to another 51. Imprest 52. Remission or refund of revenue 53. Refund and corrections 54. Donations and grants PART VIITRUST MONEYS AND UNCLAIMED MONEY 55. Trust money 56. Establishment of a Trust Fund and trust accounts 57. Operation of trust accounts 58. Investment of trust account money 59. Oversight of the Trust Fund and trust accounts 60. Interpretation of unclaimed money, holder, etc. 61. Period after which money becomes unclaimed money 62. Register of unclaimed money 63. Holder to notify entry to Secretary to the Treasury and owner 64. Payment of unclaimed money to the Consolidated Fund 65. Secretary to the Treasury to pay to claimant 66. Examination of accounts 67. Unclaimed trust money 68. Responsibility to second claimant 69. Offences and penalty PART VIIIBORROWING, LOANS AND GUARANTEES 70. Government not to borrow except under an Act 71. Debt management strategy 72. Annual borrowing plan 73. Instrument of loan agreement 74. Minister may borrow when authorized 75. Provisions for general borrowing 76. Subsidiary loan agreement 77. Borrowing on overdraft 78. Treasury Bills 79. Borrowing by stocks, bonds or promissory notes 80. Derivative transactions 81. Liability of the Government 82. Power to give guarantees and indemnities 83. Taking and releasing of securities by Government 84. Expenditure for protection of public securities 85. Power to lend money PART IXDEBT RETIREMENT FUND 86. Debt Retirement Fund 87. Sources of money for the Debt Retirement Fund 88. Debt Retirement Fund Committee 89. Payments from the Debt Retirement Fund 90. Records and reporting requirements PART XSTATUTORY BODIES AND STATE-OWNED ENTERPRISES 91. Classification of statutory bodies and state-owned enterprises 92. Annual commitments 93. Performance, management plan and budget 94. Bank accounts 95. Moneys payable to, or to be retained by, statutory bodies or state-owned enterprises 96. Borrowing on overdraft and private loans 97. Guarantee by statutory body or state-owned enterprise 98. Application of resources 99. Accounts and records 100. Reports and financial statements 101. Powers of inspection of the Secretary to the Treasury 102. Investment and reporting requirements 103. Payment of dividends and surplus funds to the Consolidated Fund 104. Reporting on adverse occurrences 105. Reporting on investments where Government is minority shareholder PART XIFINANCIAL REPORTING 106. Quarterly reports and summaries 107. Financial statements 108. Annual reports PART XIIDISCIPLINE AND OFFENCES 109. Improper conduct and disciplinary measures 110. Offences and penalty 111. General penalty 112. Obligation to report PART XIIIMISCELLANEOUS 113. Write-off of losses 114. Conflict of interest 115. Regulations 116. Treasury and Desk Instructions 117. Transitional provisions 118. Repeal and savings FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 4 of 2022 An Act to provide for the legal and institutional framework for public finance management within an economic and fiscal policy framework; the preparation and implementation of the national budget; the strengthening of transparency, accountability and responsible management and control of public resources; the responsibilities of controlling officers, officers and public bodies in public finance management; cash and debt management systems; the efficient, effective and economic recognition and accounting for, and reporting of, public resources and the financial position…

CHAPTER 2:08PARLIAMENTARY SERVICE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIPARLIAMENTARY SERVICE 3. Parliamentary Service 4. Parliamentary Service Code of Conduct PART IIIPARLIAMENTARY SERVICE COMMISSION 5. Legal personality and membership of the Commission 6. Functions of the Commission 7. Meetings of the Commission 8. Procedure of the Commission 9. Committees of the Commission 10. Remuneration of members of the Commission, etc. PART IVPARLIAMENTARY STAFF 11. Clerk 12. Tenure of office of Clerk 13. Delegation of powers 14. Appointment of other officers and employees of Parliamentary Service 15. Employees Commission ineligible for political offices 16. Remuneration and other terms of conditions of employment 17. Retirement age 18. Application of the Public Service Act 19. Fixed term contract of service 20. Engagement of experts PART VFINANCIAL PROVISIONS 21. Funds and assets of the Commission 22. Books and other records of accounts, audit and reports of the Commission 23. Holding of funds of the Commission 24. Financial year PART VIMISCELLANEOUS 25. Protection from liability 26. Common seal 27. Disclosure of interest 28. Oath of secrecy 29. Annual report 30. By-laws 31. Repeal and savings SCHEDULE 19 of 2021 An Act to make provision for the Parliamentary Service and the Parliamentary Service Commission established under the Constitution; and to provide for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Parliamentary Service Act. 2. Interpretation In this Act, unless the context otherwise requires— “Chairman” means the Chairman of the Commission; “Code of Conduct” means the Parliamentary Service Code of Conduct as provided under section 4; “Commission” means the Parliamentary Service Commission established under section 194B of the Constitution; “Clerk” means the Clerk to the National Assembly appointed under section 194C (2) of the Constitution; “Deputy Speaker” means a Deputy Speaker of the National Assembly; “employee” means a person employed in the Parliamentary Service as a permanent employee, including while serving on probation or employed on fixed term contract, but does not include an expert engaged under section 20; “member” means a member of the Commission appointed under section 194D of the Constitution; “officer” means an employee of the Parliamentary Service other than an employee serving on probation or as a temporary salaried employee or a wage worker; “Parliamentary Service” means the service established under section 194A of the Constitution; “Standing Orders” means the Standing Orders of the National Assembly; and “Speaker” means the Speaker of the National Assembly. PART IIPARLIAMENTARY SERVICE 3. Parliamentary Service (1) The Parliamentary Service shall consist of persons appointed under this Act. (2) Subject to the Constitution, the Parliamentary Service shall— (a) provide professional and impartial advice and support to the National Assembly; (b) provide non-partisan services to the National Assembly, its committees and members of the National Assembly; (c) exhibit the highest ethical standards and perform its functions with high level of probity and accountability; and (d) use the resources of the National Assembly in a transparent, accountable and cost-effective manner. 4. Parliamentary Service Code of Conduct (1) Every employee of the Parliamentary Service shall, in the course of his or her employment, comply with the provisions of a Code of Conduct promulgated by the Parliamentary Service Commission. (2) An employee who contravenes a provision of the Code of Conduct commits a disciplinary offence and shall be liable to— (a) termination of employment; (b) demotion; (c) re-assignment of duties; (d) reduction of salary; (e) deduction from salary by way of a fine; or (f) other appropriate sanction, as the Commission may direct. PART IIIPARLIAMENTARY SERVICE COMMISSION 5. Legal personality and membership of the Commission (1) The Parliamentary Service Commission shall be a body corporate with perpetual succession and a common seal and be capable of doing or performing all such acts and things as bodies corporate may, by law, do or perform. (2) Members of the Commission appointed under section 194D (b) of the Constitution shall be nominated by political parties with the highest number of members in the National Assembly. (3) A political party shall not nominate more than one person for appointment as a member of the Commission. (4) A person who is a member of the Business Committee or chairperson of a committee of the National Assembly shall not be eligible for appointment as a member of the Commission. (5) Members of the Commission appointed under section 194D (c) of the Constitution, shall be nominated by professional bodies as determined by the Public Appointments Committee, and shall have no voting powers. 6. Functions of the Commission (1) The Commission shall, in addition to the functions specified in the Constitution— (a) determine the size and organization of the Parliamentary Service; (b) determine the services to be provided by the Parliamentary Service; (c) supervise the performance of services by the Parliamentary Service; (d) establish such departments of…

CHAPTER 30:02UNIVERSITY OF MALAWI ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE UNIVERSITY OF MALAWI 3. Establishment of University of Malawi 4. Membership of the University 5. Aim and objects of the University 6. Principles of the University 7. Powers of the University PART IIITHE COUNCIL 8. Establishment and incorporation of the Council 9. Composition of the Council 10. Vacancies of the Council 11. Functions and powers of the Council 12. Meetings of the Council 13. Committees of the Council 14. Sub-committees of the Council 15. Disclosure of conflict of interest by the Council members 16. Convocation of the University 17. Common seal of the Council PART IVOFFICERS OF THE UNIVERSITY 18. Chancellor 19. Functions and duties of the Chancellor 20. Vice-Chancellor 21. Deputy Vice-Chancellor 22. Registrar 23. Director of Finance and Investments 24. Librarian 25. Director of Student Affairs 26. Other staff of the University PART VTHE SENATE 27. Establishment and composition of Senate 28. Functions and powers of the Senate 29. Meetings of the Senate PART VISCHOOLS, CENTRES AND INSTITUTES 30. Schools, centres and institutes 31. Executive Deans 32. Composition of School 33. School Boards 34. Academic Departments 35. Composition of Academic Departments PART VIIFINANCIAL PROVISIONS 36. Funds and property of the University 37. Audit of accounts 38. Accounts and funds 39. Borrowing 40. Compliance with finance related Acts PART VIIIMISCELLANEOUS 41. Statutes 42. Amendment of Statutes 43. Senate Regulations 44. Disclosure of conflict of interest by staff 45. Confidentiality 46. Dispute resolution 47. Service of process and other documents on the Council PART IXTRANSITIONAL PROVISIONS 48. Repeal and savings 49. Transfer of assets and liabilities 50. Transfer of employees 51. Transfer of budget estimates 18 of 2019G.N. 27/2021 An Act to repeal the University of Malawi Act and provide for the re-establishment, conduct and management of the University of Malawi; and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the University of Malawi Act. 2. Interpretation In this Act, unless the context otherwise requires— “Academic Department” means a division of the University under a School devoted to teaching and learning, research, consultancy and outreach in a particular discipline; “Academic staff” means persons for the time being holding appointments, whether on full-time or part-time basis, under contract with the Council, as professors, associate professors, senior lecturers, lecturers, assistant lecturers, staff associates, adjunct staff and includes all members of staff whose conditions of service contain an obligation to undertake research and senior professional staff of the library, or any other post declared by the Senate by category or title to be an academic post; “Administrative staff” means persons for the time being holding appointments, whether on full-time or part-time basis, under contract with the Council, in the administration of the affairs of the University; “Chairperson” means the Chairperson of the Council appointed pursuant to section 9; “Chancellor” means the person who is, for the time being, the Chancellor of the University under section 18; “close relative” means a spouse, child, sibling, grand child or parent and includes a dependent and child of a sibling; “Committee” includes sub-committee; “Convocation” means a Convocation established pursuant to section 16; “Council” means the Council of the University established and incorporated under section 8; “Deputy Vice-Chancellor” means the Deputy Vice-Chancellor appointed pursuant to section 21; “Director of Finance and Investments” means the Director of Finance and Investments appointed pursuant to section 23; “Director of Student Affairs” means the Director of Student Affairs appointed pursuant to section 25; “Executive Dean” means an Executive Dean of a School appointed pursuant to section 31; “Head of Academic Department” means a Head of Academic Department appointed pursuant to section 34; “Librarian” means the Librarian of the University appointed pursuant to section 24; “property of the University” means any property, intellectual, real or personal, of every description vested in or held by the Council under any right of ownership or possession; and any property held by the Council in trust for the furtherance of any of the objects of the University; “Registrar” means the Registrar of the University appointed pursuant to section 22; “School” means a School within the University established pursuant to section 30; “Senate” means the Senate of the University established under section 27; “Senate Regulations” means Senate Regulations made under section 43; “staff” means all members of the academic, administrative, technical and support staff of the University whether employed on contract or permanent basis; “Statutes” means Statutes of the University made pursuant to section 41; “University” means the University of Malawi established under section 3; and “Vice-Chancellor” means the Vice-Chancellor of the University appointed pursuant to section 20. PART IIESTABLISHMENT OF THE UNIVERSITY OF MALAWI 3. Establishment of University of Malawi There is hereby established a university to be…

CHAPTER 30:16KAMUZU UNIVERSITY OF HEALTH SCIENCES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE KAMUZU UNIVERSITY OF HEALTH SCIENCES 3. Establishment of the Kamuzu University of Health Sciences 4. Membership of the University 5. Aim and objects of the University 6. Principles of the University 7. Powers of the University PART IIITHE COUNCIL 8. Establishment and incorporation of the Council 9. Composition of the Council 10. Vacancies of the Council 11. Functions and powers of the Council 12. Meetings of the Council 13. Committees of the Council 14. Sub-committees of the Council 15. Disclosure of conflict of interest by the Council members 16. Convocation of the University 17. Common seal of the Council PART IVOFFICERS OF THE UNIVERSITY 18. Chancellor 19. Functions and duties of the Chancellor 20. Vice-Chancellor 21. Deputy Vice-Chancellor 22. Registrar 23. Director of Finance and Investments 24. Librarian 25. Director of Student Affairs 26. Other staff of the University PART VTHE SENATE 27. Establishment and composition of the Senate 28. Functions and powers of the Senate 29. Meetings of the Senate PART VISCHOOLS, CENTRES AND INSTITUTES 30. Schools, centres and institutes 31. Executive Deans 32. Composition of School 33. School Boards 34. Academic Departments 35. Composition of Academic Departments PART VIIFINANCIAL PROVISIONS 36. Funds and property of the University 37. Audit of accounts 38. Accounts and funds 39. Borrowing 40. Compliance with finance related Acts PART VIIIMISCELLANEOUS 41. Statutes 42. Amendment of Statutes 43. Senate Regulations 44. Disclosure of conflict of interest by staff 45. Confidentiality 46. Dispute resolution 47. Service of process and other documents on the Council PART IXTRANSITIONAL PROVISIONS 48. Savings 49. Transfer of assets and liabilities 50. Transfer of employees 51. Transfer of budget estimates 20 of 2019G.N. 29/2021 An Act to provide for the establishment, conduct and management of the Kamuzu University of Health Sciences; and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Kamuzu University of Health Sciences Act. 2. Interpretation In this Act, unless the context otherwise requires— “Academic Department” means a division of the University under a School devoted to teaching and learning, research, consultancy and outreach in a particular discipline; “Academic staff” means persons for the time being holding appointments, whether on full-time or part-time basis, under contract with the Council, as professors, associate professors, senior lecturers, lecturers, assistant lecturers, staff associates, adjunct staff and includes all members of staff whose conditions of service contain an obligation to undertake research and senior professional staff of the library, or any other post declared by the Senate by category or title to be an academic post; “Administrative staff” means persons for the time being holding appointments, whether on full-time or part-time basis, under contract with the Council, in the administration of the affairs of the University; “Chairperson” means the Chairperson of the Council appointed pursuant to section 9; “Chancellor” means the person who is, for the time being, the Chancellor of the University under section 18; “close relative” means a spouse, child, sibling, grand child or parent and includes a dependent and child of a sibling; “Committee” includes sub-committee; “Convocation” means a Convocation established pursuant to section 16; “Council” means the Council of the University established and incorporated under section 8; “Deputy Vice-Chancellor” means the Deputy Vice-Chancellor appointed pursuant to section 21; “Director of Finance and Investments” means the Director of Finance and Investments appointed pursuant to section 23; “Director of Student Affairs” means the Director of Student Affairs appointed pursuant to section 25; “Executive Dean” means an Executive Dean of a School appointed pursuant to section 31; “Head of Academic Department” means a Head of Academic Department appointed pursuant to section 34; “Librarian” means the Librarian of the University appointed pursuant to section 24; “property of the University” means any property, intellectual, real or personal, of every description vested in or held by the Council under any right of ownership or possession; and any property held by the Council in trust for the furtherance of any of the objects of the University; “Registrar” means the Registrar of the University appointed pursuant to section 22; “School” means a School within the University established pursuant to section 30; “Senate” means the Senate of the University established under section 27; “Senate Regulations” means Senate Regulations made under section 43; “staff” means all members of the academic, administrative, technical and support staff of the University whether employed on contract or permanent basis; “Statutes” means Statutes of the University made pursuant to section 41; “University” means the Kamuzu University of Health Sciences established under section 3; and “Vice-Chancellor” means the Vice-Chancellor of the University appointed pursuant to section 20. PART IIESTABLISHMENT OF THE KAMUZU UNIVERSITY OF HEALTH SCIENCES 3. Establishment of the Kamuzu University of…

CHAPTER 30:17MALAWI UNIVERSITY OF BUSINESS AND APPLIED SCIENCES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE MALAWI UNIVERSITY OF BUSINESS AND APPLIED SCIENCES 3. Establishment of Malawi University of Business and Applied Sciences 4. Membership of the University 5. Aim and objects of the University 6. Principles of the University 7. Powers of the University PART IIITHE COUNCIL 8. Establishment and incorporation of the Council 9. Composition of the Council 10. Vacancies on the Council 11. Functions and powers of the Council 12. Meetings of the Council 13. Committees of the Council 14. Sub-Committees of the Council 15. Disclosure of conflict of interest 16. Convocation of the University 17. Common Seal of the Council PART IVOFFICERS OF THE UNIVERSITY 18. Chancellor 19. Functions and duties of the Chancellor 20. Vice-Chancellor 21. Deputy Vice-Chancellor 22. Registrar 23. Director of Finance and Investments 24. Librarian 25. Director of Student Affairs 26. Other staff of the University PART VTHE SENATE 27. Establishment and composition of Senate 28. Functions and powers of the Senate 29. Meetings of the Senate PART VISCHOOLS, CENTRES AND INSTITUTES 30. Schools, Centres and Institutes 31. Executive Deans 32. Composition of School 33. School Boards 34. Academic Departments 35. Composition of Academic Departments PART VIIFINANCIAL PROVISIONS 36. Funds and property of the University 37. Audit of accounts 38. Accounts and funds 39. Borrowing 40. Compliance with finance related Acts PART VIIIMISCELLANEOUS 41. Statutes 42. Amendment of Statutes 43. Senate Regulations 44. Disclosure of conflict of interest by staff 45. Confidentiality 46. Dispute resolution 47. Service of process and other documents on the Council PART IXTRANSITIONAL PROVISIONS 48. Savings 49. Transfer of assets and liabilities 50. Transfer of employees 51. Transfer of budget estimates 19 of 2019G.N. 28/2021 An Act to provide for the establishment, conduct and management of the Malawi University of Business and Applied Sciences; and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi University of Business and Applied Sciences Act (in this Act otherwise referred to as the “University”). 2. Interpretation In this Act, unless the context otherwise requires— “Academic Department” means a division of the University under a school devoted to teaching and learning, research, consultancy and outreach in a particular discipline; “Academic staff” means persons for the time being holding appointments, whether on full-time or part-time basis, under contract with the Council, as professors, associate professors, senior lecturers, lecturers, assistant lecturers, staff associates, adjunct staff and includes all members of staff whose conditions of service contain an obligation to undertake research and senior professional staff of the library, or any other post declared by the Senate by category or title to be an academic post; “Administrative staff” means persons for the time being holding appointments, whether on full-time or part-time basis, under contract with the Council, in the administration of the affairs of the University; “Chairperson” means the Chairperson of the Council appointed pursuant to section 9; “Chancellor” means the person who is, for the time being, the Chancellor of the University under section 18; “close relative” means a spouse, child, sibling, grand child or parent and includes a dependent and child of a sibling; “Committee” includes sub-committee; “Convocation” means a Convocation established pursuant to section 16; “Council” means the Council of the University established and incorporated under section 8; “Deputy Vice-Chancellor” means the Deputy Vice-Chancellor appointed pursuant to section 21; “Director of Finance and Investments” means the Director of Finance and Investments appointed pursuant to section 23; “Director of Student Affairs” means the Director of Student Affairs appointed pursuant to section 25; “Executive Dean” means an Executive Dean of a School appointed pursuant to section 31; “Head of Academic Department” means a Head of Academic Department appointed pursuant to section 34; “Librarian” means the Librarian of the University appointed pursuant to section 24; “property of the University” means any property, intellectual, real or personal, of every description vested in or held by the Council under any right of ownership or possession; and any property held by the Council in trust for the furtherance of any of the objects of the University; “Registrar” means the Registrar of the University appointed pursuant to section 22; “School” means a school within the University established pursuant to section 30; “Senate” means the Senate of the University established under section 27; “Senate Regulations” means Senate Regulations made under section 43; “staff” means all members of the academic, administrative, technical and support staff of the University whether employed on contract or permanent basis; “Statutes” means Statutes of the University made pursuant to section 41; “University” means the Malawi University of Business and Applied Sciences established under section 3; “Vice-Chancellor” means the Vice-Chancellor of the University appointed pursuant to section 20. PART IIESTABLISHMENT…

CHAPTER 13:02NATIONAL INTELLIGENCE SERVICE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE NATIONAL INTELLIGENCE SERVICE 3. The National Intelligence Service 4. Duties and functions of the Service 5. The Director General 6. Deputy Director General 7. Staff 8. Oaths 9. Certificate of identification and appointment 10. Disciplinary Code 11. Prohibition of engagement in political activities 12. Prohibition of torture 13. Prohibition of unauthorized disclosure of information 14. Prohibition of unauthorized disclosure of information by former staff, etc. 15. Prohibition of unauthorized disclosure of information by third parties 16. Prohibition of false representation as to association with the Service 17. Prohibition of entry or access to premises and documents of the Service 18. Prohibition of disclosure of identity 19. Obstruction of officers of the Service 20. Submission of report to Parliament 21. Disclosure before Parliament PART IIIWARRANTS 22. Application for a warrant 23. Matters to be specified in an application for a warrant 24. Effect of a warrant 25. Prohibition of interception, monitoring and search without a warrant PART IVCOMPLAINTS TRIBUNAL 26. Establishment and composition of a Complaints Tribunal 27. Functions of the Tribunal 28. Tenure of members of the Tribunal 29. Notification to the Director General 30. Representation before the Tribunal 31. Proceedings of the Tribunal 32. Determination of the Tribunal 33. Remedies of the Tribunal 34. Appeal to the High Court 35. Annual report of the Tribunal PART VFINANCIAL PROVISIONS 36. Funds of the Service 37. Expenses of the Service 38. Accounts 39. Audit PART VIMISCELLANEOUS 40. Annual reports 41. Immunity of staff of the Service 42. Pension and other funds 43. Regulations 44. Transitional arrangements 30 of 2018G.N. 4/2021 An Act to provide for the establishment of the National Intelligence Service, to define its powers, functions and duties; to regulate the administration and control of the Service; and to provide for matters connected with or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the National Intelligence Service Act. 2. Interpretation In this Act, unless the context otherwise requires— “classified information” means information of a sensitive nature and value that its unauthorized publication or disclosure would lead to a security risk being posed to the State; “Deputy Director General” means the person appointed as the Deputy Director General of the Service under section 6; “Director General” means the person appointed as the Director General of the Service under section 5; “intelligence” means any information collected and processed by an intelligence officer which has a bearing on the security interest of the Republic; “intelligence officer” means an officer of the Service performing technical work relating to intelligence matters; “premises” means any place or location, and includes land, building, building works, instrument, equipment or means of transport; “security clearance” means an authorization entitling a person to have access to information of a determined sensitivity or classification; “security vetting investigations” means a systematic procedure used to examine and appraise a person to determine his or her security standing, including the continued monitoring thereof; “sensitive information” includes any information— (a) which is likely to disclose the identity of, or provide details of, sources of information, other assistance or operational methods available to the Service; (b) which relates to particular operations which have been, or are being proposed to be undertaken by the Service in pursuance of any of its functions; or (c) which has been provided by an agency of a foreign government where that agency or government does not consent to the disclosure of the information; “Service” means the National Intelligence Service established under section 3 of this Act; “threat”, in relation to the security of the Republic, means— (a) any activity relating to espionage, sabotage, terrorism or subversion or any activity directed against, or detrimental to the interests of the Republic and includes any other activity performed in conjunction with any activity relating to espionage, sabotage, terrorism and subversion, but does not include any lawful advocacy, protest or dissent not performed in conjunction with any such activity; (b) any activity directed at undermining, or directed at or intended to bring about the destruction, or overthrow of the constitutionally established Government by unlawful means; (c) any act or threat of violence or unlawful harm that is directed at or intended to achieve, bring about or promote any constitutional, political, industrial, social or economic objective or change in the Republic and includes any conspiracy, incitement or attempt to commit any such act or threat; and (d) any foreign influenced activity within or related to the Republic that— (i) is detrimental to the interests of the Republic; and (ii) is clandestine, deceptive or involves any threat whatsoever to the State or its citizens or any other person lawfully resident in the Republic; “vettable post” means a post in any Government Ministry, Department or agency…

CHAPTER 48:04METROLOGY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IISTANDARD WEIGHTS AND MEASURES 3. Measuring units and prefixes 4. Standard units 5. Lawful units of weight, capacity, length, area and volume 6. Conversion of imperial standard units 7. Custody of some standards PART IIICALIBRATION 8. Period of comparison 9. Calibration of standards and equipment 10. Certificate of calibration PART IVADMINISTRATION 11. Appointment of officers 12. Establishment, composition and functions of Metrology Committee 13. Establishment of the National Metrology Institute 14. Pattern approval 15. Fees PART VVERIFICATION OF INSTRUMENTS, WEIGHTS AND MEASURES 16. Verification of instruments, weights and measures 17. Rejection of instruments, weights and measures 18. Verification procedure 19. Powers of entry and inspection PART VISALE OF ARTICLES AND USE OF INSTRUMENTS, WEIGHTS AND MEASURES 20. Contracts to be made by reference to authorized measure 21. Marking of containers and wrappers 22. Sale and delivery of articles 23. Pre-packed articles 24. Use of verified instruments, weights and measures 25. Price list 26. Short quantity and false declaration of quantity 27. False, unjust, unverified and rejected instruments, weights and measures 28. Importation and sale of instruments, weights and measures 29. Repairs and installation of instruments PART VIIMISCELLANEOUS 30. Regulations 31. Offences by inspectors, verification officers, etc. 32. Offences by persons other than by inspectors 33. Forfeiture 34. Acts and omissions 35. Safeguards to traders 36. Documentary evidence by inspectors or verification officers 37. Burden of proof 38. Recovery of fees 39. Transitional provision 40. Repeal and savings FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE 10 of 2016G.N. 66/2020 An Act to provide for the establishment of a national measurement system, and the establishment of a National Metrology Institute in Malawi; the improvement of quality of manufactured products, the uniformity of measurements, verification of instruments, weights and measures; the protection of the public in relation to health, safety and environmental controls; and for other matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Metrology Act. 2. Interpretation In this Act, unless the context otherwise requires— “article” includes any liquid, food, chattel, ware, merchandise, commodity and other goods of any description and, where necessary, any article and its packaging; “authorized measure” means a unit of weight, length, capacity, area or volume referred to in section 3; “Board” means the Malawi Bureau of Standards Board established under section 7 of the Malawi Bureau of Standards Act; “Bureau” means the Malawi Bureau of Standards established under section 3 of the Malawi Bureau of Standards Act; “calibrate” means to determine the relationship between the measured amount and the indicated value, and cognate expressions shall be construed accordingly; “Committee” means the Metrology Committee referred to in section 12; “correct”, in relation to an instrument, weight or measure, means correct within such limits of error and with such sensitivity as may be prescribed; “Director General” means the Chief Executive Officer of the Malawi Bureau of Standards appointed under section 24 of the Malawi Bureau of Standards Act; “error” in relationship to an instrument, weight or measure, means the difference between the true value and the indicated value; “industrial metrology” means that part of metrology which deals with measurements needed for industrial operations such as in production and testing processes; “industrial metrology officer” means the officer appointed as such under section 11; “inspector” means a weights and measures inspector appointed under section 11; “Institute” means the National Metrology Institute established under section 13; “instrument” means a weighing or measuring instrument; “legal metrology” means that part of metrology relating to activities which result from a statutory requirement and concerning a measurement, unit of measurement, measuring instrument and method of measurement, and which is performed by a competent authority; “measuring equipment” means a device intended to be used to make measurements, alone or in conjunction with a supplementary device based on the SI system of measurement, and weighing equipment shall be construed accordingly; “metrology” means the field of knowledge concerned with measurements or also defined as the science of measurement; “national accreditation system” means a voluntary system which establishes and verifies competence to perform specific activities; “national measurement system” means a system which provides for the establishment and development of measurement standards, measurements needed for industrial operations and regulatory controls of measurements performed in areas of commerce, trade, industry, health, safety and for environmental controls; “national standards” means weights or measures intended to ensure traceability to the international standards of weights and measures; “pattern-approval” means a decision based on facts from pattern evaluation and involving judgment to admit or not to admit the subject pattern to legal use, and “pattern-approve” shall be construed accordingly; “pattern evaluation” means an objective process of determining design and metrological facts concerning a pattern of measuring instrument aimed at providing government with…