Category: Principal Legislation

CHAPTER 48:11WAREHOUSE RECEIPTS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IIISSUANCE AND FORM OF WAREHOUSE RECEIPTS 4. Issuance of warehouse receipt 5. Format of warehouse receipt 6. Form of a warehouse receipt 7. Control of an electronic warehouse receipt 8. Reissuance of warehouse receipt in alternative medium 9. Negotiable warehouse receipt 10. Non-negotiable warehouse receipt 11. Alteration of warehouse receipt 12. Right of purchaser of altered warehouse receipt 13. Liability for non-receipt or misdescription of goods covered by warehouse receipt 14. Duplicate warehouse receipt and over-issue PART IIIRIGHTS AND OBLIGATIONS OF WAREHOUSE OPERATORS 15. Duty of care of a warehouse operator 16. Limitation of a warehouse operator’s liability 17. Storage of goods 18. Buyer of fungible goods 19. Termination of storage at warehouse operator’s option 20. Lien of a warehouse operator 21. Enforcement of a warehouse operator’s lien 22. Effect of irregularities in issuance of a warehouse receipt 23. Obligations of a warehouse operator to deliver goods 24. No liability for good faith delivery pursuant to warehouse receipt PART IVNEGOTIATION AND TRANSFER OF WAREHOUSE RECEIPTS 25. Form of negotiation and requirements for due negotiation 26. Negotiation of an electronic warehouse receipt 27. Effect of endorsement of a non-negotiable warehouse receipt 28. Rights acquired by due negotiation 29. Warehouse receipt defeated in certain cases 30. Rights acquired in absence of due negotiation 31. Transfer of warehouse 32. Endorser not guarantor for other parties 33. Warranties on negotiation or delivery of warehouse receipt 34. Warranties of collecting bank as to warehouse receipt PART VPERFECTION AND PRIORITY OF SECURITY INTERESTS IN WAREHOUSE RECEIPTS AND GOODS COVERED BY WAREHOUSE RECEIPTS 35. Perfection and priority of security interests in warehouse receipts and goods 36. Perfection security interest in negotiable paper warehouse receipt 37. Perfection and priority of security interests in goods covered by non-negotiable paper warehouse receipt 38. Perfection and priority of security interests in electronic warehouse receipt 39. Priority rights of purchasers PART VIMISCELLANEOUS 40. Lost, stolen or destroyed documents 41. Judicial process against goods covered by negotiable warehouse receipt 42. Conflicting claims 43. Savings 44. Regulations 3 of 2018G.N. 67/2019 An Act to provide for warehouse receipts and warehousing; the negotiation and transfer of warehouse receipts and for matters connected thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Warehouse Receipts Act. 2. Interpretation In this Act, unless the context otherwise requires— “bailee” means a person that, by a warehouse receipt, acknowledges possession of goods and contracts to deliver those goods; “bearer” means a person in possession of a negotiable warehouse receipt that is payable to bearer or endorsed in blank; “buyer in ordinary course of business” means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person to the goods, in the ordinary course, from a person in the business of selling those goods but does not include a person that acquires goods in a transfer in bulk or as security for, or in total or partial satisfaction of a money debt; “delivery order” means a record that contains an order to deliver goods directed to a warehouse; “field warehouse” means a storage facility occupied and operated as a warehouse on a temporary basis for the purpose of possessing and controlling deposited goods and issuing warehouse receipts on behalf of a buyer, seller or financier of the goods; “fungible goods” means— (a) goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or (b) goods that by agreement are treated as equivalent; “goods” means all things that are treated as movable or personal property for the purposes of a contract for storage or transportation; “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing; “holder” means any person in possession of a warehouse receipt which makes goods deliverable either to bearer or to the order of the person in possession; “issuer” means a bailee that issues a warehouse receipt or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver and includes a person for whom an agent or employee purports to act in issuing a document, if the agent or employee has real or apparent authority to issue documents, even where— (a) the issuer did not receive any goods; (b) the goods were misdescribed; or (c) in any other respect the agent or employee violated the issuer’s instructions; “perfected security interest” has the meaning ascribed to the term under the Personal Property Security Act; “person entitled under a warehouse receipt” means a holder, in the case of a negotiable warehouse receipt, or the person to which delivery of the goods is to be made by the terms of,…

CHAPTER 26:04NATIONAL CHILDREN’S COMMISSION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE NATIONAL CHILDREN’S COMMISSION 3. Establishment of the National Children’s Commission 4. Composition of the Commission 5. Chairperson and Vice-Chairperson 6. Eligibility for nomination or appointment 7. Suspension from office 8. Tenure and vacancy of office 9. Allowances and benefits 10. Committees of the Commission PART IIIFUNCTIONS, POWERS AND MEETINGS OF THE COMMISSION 11. Functions of the Commission 12. Powers of the Commission 13. Delegation 14. Meetings of the Commission PART IVMANAGEMENT OF THE COMMISSION 15. Secretariat of the Commission 16. Chief Executive Officer 17. Staff of the Commission PART VFINANCIAL PROVISION 18. Funds of the Commission 19. Books, records of accounts, audit and other reports of the Commission 20. Holding of the funds of the Commission 21. Financial year PART VIMISCELLANEOUS 22. Duty to cooperate with the Commission 23. Legal representation 24. Exemption from personal liability 25. Confidentiality 26. Oath of secrecy 27. Penalty 28. Regulations 12 of 201924 of 2022G.N. 49/2023 An Act to establish the National Children’s Commission and to provide for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the National Children’s Commission Act. 2. Interpretation In this Act, unless the context otherwise requires— “Child” means any person below the age of eighteen; “Commission” means the National Children’s Commission established under section 3 of this Act; “member” means a member of the Commission appointed under section 4 of this Act; and “Public Appointments Committee” means the Public Appointments Committee of the National Assembly. PART IITHE NATIONAL CHILDREN’S COMMISSION 3. Establishment of the National Children’s Commission (1) There is hereby established a Commission to be known as the National Children’s Commission (in this Act otherwise referred to as the “Commission”). (2) The Commission shall be a body corporate with perpetual succession and a common seal, and be capable of— (a) acquiring, holding or disposing of property; (b) suing and being sued in its own name; and (c) doing or performing all such acts and things as a body corporate may, by law, do or perform. 24 of 2022 4. Composition of the Commission (1) The Commission shall consist of— (a) five members, at least two of whom shall be women, appointed by the President as follows— (i) two members nominated by local non-governmental organizations engaged in child affairs; (ii) one member from the private sector with demonstrated interest in, or working on, issues related to child affairs, nominated by the Malawi Confederation of Chambers of Commerce and Industry; and (iii) two members nominated by umbrella religious bodies; and (b) the following as ex officio members— (i) the Secretary responsible for Children affairs; (ii) the Secretary to the Treasury; and (iii) the Executive Secretary of the Malawi Human Rights Commission. (2) The appointment of Members of the Commission under subsection (1) (a) shall be confirmed by the Public Appointments Committee of the National Assembly. (3) The Minister shall publish names of all members of the Commission, as first constituted, and every change in the membership, in the Gazette. (4) Notwithstanding any other provisions in this section, the Commission shall co-opt two children, a male and female, to be members of the Commission for a renewable term of one year. (5) Children co-opted by the Commission under subsection (4), shall not be below the age of sixteen or above the age of eighteen and shall have no voting powers. 24 of 2022 5. Chairperson and Vice-Chairperson (1) The President shall appoint a Chairperson of the Commission from among the members nominated under section 4 (1) (a). (2) The members shall, at their first meeting, elect a Vice-Chairperson from among their number, other than an ex officio member. 24 of 2022 6. Eligibility for nomination or appointment A person, other than an ex officio member, shall not be qualified for appointment or nomination as a member of the Commission if he— (a) does not possess— (i) a minimum educational qualification of a Bachelor’s degree from a recognized and reputable educational institution; and (ii) experience and expertize in a field relevant to the functions and responsibilities of the Commission; (b) is an officer, member or employee in a public institution; (c) is not a citizen of Malawi; and (d) would for any other reason be disqualified by law from serving as a director of a company or as a trustee. 7. Suspension from office (1) The President may suspend from office a member of the Commission against whom— (a) criminal proceedings have been instituted for an offence involving dishonesty, moral turpitude or any offence relating to Children; or (b) the Commission has instituted an inquiry into the member’s conduct concerning Children. (2) The President shall, before suspending a member from office in terms of subsection (1),…

CHAPTER 44:02RESERVE BANK OF MALAWI ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE RESERVE BANK OF MALAWI 3. Establishment of the Bank 4. Objectives of the Bank 5. Independence of the Bank 6. Capital and reserves PART IIIORGANIZATION AND ADMINISTRATION 7. Board of directors 8. Persons not eligible for appointment as directors 9. Resignation of directors 10. Termination of appointment of director 11. Procedure for removal of a director 12. Filling of vacancy of a director 13. Meetings of the Board 14. Disclosure of interest 15. Committees of the Board 16. Governor and Deputy Governors 17. Qualifications for appointment 18. Executive duties of Governor and Deputy Governors 19. Replacement of the Governor or Deputy Governor 20. Appointment of officers and staff of the Bank 21. Computation of remuneration 22. Protection of officers 23. Code of Conduct PART IVPOWERS AND FUNCTIONS OF THE BANK Division 1Primary Powers and Functions 24. Primary functions of the Bank 25. Primary powers of the Bank Division 2General Powers and Functions 26. General powers and functions of the Bank 27. Prohibited activities Division 3Monetary Functions 28. Monetary Policy Committee 29. Monetary functions 30. Credit operations 31. Rediscount rate 32. Credit ceilings 33. Open market operations 34. Use of instruments 35. Reserve requirements 36. Cash reserves 37. Interest to financial institutions Division 4Relations with Government 38. Banker, fiscal agent and advisor to Government 39. Short-term advances to Government 40. Issue and management of Government securities 41. Agent of Government 42. Government to consult the Bank on Government loans Division 5Relations with Other Financial Institutions 43. Banker to other banks 44. Clearing systems 45. Lender of last resort to financial institutions 46. Cooperation with financial institutions PART VLEGAL TENDER 47. Unit of Malawi currency 48. Sole right to issue legal tender 49. Provisions for issue of Malawi currency 50. Denomination, description and form of notes and coins 51. Withdrawal 52. Lost and damaged currency 53. Exemption from stamp duty 54. Offences relating to bank notes and coins PART VIFOREIGN ASSETS 55. International value of Malawi currency 56. Foreign assets and reserves 57. Trade in foreign currency 58. Foreign exchange management PART VIIACCOUNTS AND STATEMENTS 59. Annual accounts 60. Audit 61. Establishment of the internal audit department 62. Accounts, annual reports and publication thereof 63. Determination of net results of the Bank 64. General Reserve Fund and appropriation of profits PART VIIIMISCELLANEOUS 65. Rules, directives, etc. 66. Regulations 67. No taxation of profits 68. Protection of Bank assets 69. Prohibited banking names 70. Confidentiality 71. Role in development 72. Discharge of duties and powers 73. Transition 74. Repeal and savings FIRST SCHEDULE SECOND SCHEDULE 3 of 2019G.N. 3/2019 An Act for the establishment of the Reserve Bank of Malawi to formulate and implement price and financial stability policies; to confer and impose on the Reserve Bank of Malawi certain functions and powers; to provide for matters related to banking, currency and coinage; and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Reserve Bank of Malawi Act. 2. Interpretation In this Act, unless the context otherwise requires— “agency” means any institution, other than a bank, established or appointed under section 49; “Bank” means the Reserve Bank of Malawi established under section 3; “bank” means a company licensed as a bank under the Banking Act; “Board” means the Board of Directors of the Bank established under section 7; “close relative” means mother, father, sister or brother; “Code of Conduct” means the code of conduct provided for under section 24 and set out in the First Schedule; “controlling party” has the meaning assigned thereto in the Financial Services Act; “convertible currency” means any currency which is freely negotiable and transferable in international exchange markets at exchange rates consistent with the Articles of agreement of the International Monetary Fund in force from time to time; “deposit liabilities” means liabilities arising from demand, time and savings deposits; “Deputy Governor” means a Deputy Governor of the Bank appointed under section 16; “director” in relation to the Bank means a member of the Board and includes the Governor and the Deputy Governors; “external currency” means any currency, other than the currency issued by the Bank under this Act; “fiscal agent” means the Bank as a party acting on behalf of the Government in performing various financial duties, including redemption of Government bonds and managing Government’s securities register; “financial institution” has the meaning assigned thereto in the Financial Services Act; “Governor” means the Governor of the Bank appointed under section 16; “Malawi currency” means the legal tender currency of Malawi issued by the Bank under this Act; “monetary liabilities” denote the currency in circulation and financial claims to the Bank, except the Bank’s liabilities to the Government and international financial organizations;…

CHAPTER 3:04LEGAL EDUCATION AND LEGAL PRACTITIONERS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE MALAWI COUNCIL OF LEGAL EDUCATION 3. Establishment of Council of Legal Education 4. Object and functions of Council 5. Powers of Council 6. Members of Council 7. Tenure and vacancy 8. Invited persons 9. Meetings of Council 10. Procedure of Council 11. Allowances 12. Funding of Council 13. Accounts and audit of the Council PART IIITHE MALAWI INSTITUTE OF LEGAL EDUCATION 14. Establishment of Institute of Legal Education 15. Functions of Institute 16. Fees and charges 17. Executive Director of Institute 18. Duties of Executive Director 19. Removal of Executive Director 20. Staff of Institute 21. Consultants and instructors PART IVADMISSION TO PRACTICE 22. Admission to practice 23. Qualifications for admission to practice 24. Admission to practice for legally qualified public officers 25. Admission to practice in a specific cause 26. Malawi Law Examination 27. Attorney General and Society party to proceedings 28. Applicant to make full and frank disclosure 29. Oath or affirmation before admission 29A. Conditional admission to practise PART VLEGAL PRACTICE 30. Annual licence 31. Restrictions on practice 32. Legal practitioner is officer of court 33. Order of precedence 34. Legal practitioners’ list 35. Setting up legal practice 36. Client account 37. Accounting for client’s money 38. Embezzlement 39. Remuneration for legal practitioners 40. Agreement with respect to fees 41. Action for recovery of fees 42. Pro bono work 43. Clerks to legal practitioners 44. Client’s rights and interests PART VINOTARIES PUBLIC 45. Appointment of notary public 46. Functions of notary public 47. Certificate to practice as notary public 48. Jurat to state where and when oath, etc. is taken 49. Suspension or cancellation 50. Unlawfully acting as notary public 51. Powers of Chief Justice PART VIISENIOR COUNSEL 52. Conferment of Senior Counsel 53. Subsistence of honour 54. Number of Senior Counsel 55. Attorney General, Solicitor General 56. Honorary Senior Counsel 57. Honours Committee 58. Tenure and vacancy 59. Meetings of Honours Committee 60. Procedure and quorum 61. Disclosure of interest 62. Powers of Chief Justice PART VIIITHE MALAWI LAW SOCIETY 63. Establishment of Malawi Law Society 64. Objects of Society 65. Powers of Society 66. Membership of Society 67. Every legal practitioner to be member of Society 68. Honorary members 69. Fees and subscription 70. Resignation and expulsion 71. Cessation of membership 72. Delegation of powers and functions 73. Society’s power to make rules 74. Chapters of Society 75. Executive Committee 76. Tenure and vacancy for Executive Committee 77. Meetings of Society 78. Secretariat of Society 79. Director of Society 80. Duties of Director 81. Removal of Director 82. Staff 83. Funds of Society 84. Society Levy 85. Penalty upon failure to pay Levy 86. Accounts and audit of Society PART IXDISCIPLINE 87. Application to all legal practitioners 88. Saving powers of court 89. Disciplinary powers of High Court 90. Establishment of Disciplinary Committee 91. Functions of Disciplinary Committee 92. Minutes of meetings of Disciplinary Committee 93. Tenure and vacancy for Disciplinary Committee 94. Proceedings of Disciplinary Committee 95. Time limits 96. Penalties 97. Striking off 98. Suspension 99. Publication of names of legal practitioners struck off or suspended 100. Re-admission 101. Disclosure of interest 102. Evidence 103. Right to legal representation 104. Oath of secrecy 105. Allowances PART XTHE FIDELITY FUND 106. Establishment of Fidelity Fund 107. Objects of Fund 108. Sources of funds 109. Insurance contracts for purposes of indemnification 110. Possession of Fund Certificates 111. Application for and issue of Fidelity Fund certificate 112. Contributions to Fund by legal practitioners 113. Payments from Fund 114. Limitation on liability 115. Claims against Fund 116. Actions against Fund 117. Subrogation 118. Exemption of Fund from certain laws 119. Management and auditing of Fund PART XIMISCELLANEOUS 120. Indemnification in respect of certain acts in good faith 121. Powers of Minister 122. Repeal and savings FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE 31 of 201817 of 2024G.N. 85/2018 An Act to establish a Council of Legal Education and to provide for its functions and management; to establish an Institute of Legal Education and to provide for its functions and management; to establish criteria for admission of persons to practice as legal practitioners in Malawi; to provide for the regulation of legal practice in Malawi; to make comprehensive provision for notaries public and Senior Counsel; to provide for the professional discipline of legal practitioners; to provide for the establishment, organization and administration of the Malawi Law Society; to establish a Fidelity Fund and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Legal Education and Legal Practitioners Act. 2. Interpretation In this Act, unless the context otherwise requires— “client” means a person on whose account, a…

CHAPTER 2:07POLITICAL PARTIES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIGENERAL PRINCIPLES 3. General principles PART IIITHE OFFICE OF THE REGISTRAR 4. Establishment of the office of the Registrar 5. Appointment of the Registrar 6. Powers, functions and duties of the Registrar 7. Independence of the Registrar 8. Tenure of office of the Registrar 9. Funds for the office of the Registrar 10. Accounts PART IVREGISTRATION AND DEREGISTRATION OF POLITICAL PARTIES 11. Register 12. Application for registration of a political party 12A. Party manifesto to align to national development agenda 13. Certificate of registration and its effect 14. Refusal to register 15. Review of refusal to register 16. Deregistration 17. Review of decision to deregister 18. Notice of change in registered particulars 19. Failure to notify changes 20. Refusal to register amendments PART VFINANCES OF POLITICAL PARTIES 21. Entitlement to State funding 22. Uses of State funding 23. Banking, accounts and audit in respect of State funding 24. Suspension of State funding 25. Closure of books and records of account upon dissolution of Parliament 26. Power of Minister responsible for finance to give financial instructions 27. Private funding and receipt of donations 28. Separate bank account for private funding 29. Registration and declaration of assets 30. Auditing of private financing 31. Members’ access to financial records PART VIRIGHTS AND DUTIES OF POLITICAL PARTIES IN ELECTIONS 32. Right to participate in elections 33. Freedom of assembly 34. Freedom of expression PART VIIMISCELLANEOUS PROVISIONS 35. Inspection by the Registrar 36. Access to information received by the Registrar 37. Onus of proof 38. False information, obstruction, etc., of the Registrar 39. Unauthorized distribution of inexact version of a political party constitution 40. Use of threats and violence against donors 41. Prohibition of handouts 42. Prohibition of multiple membership to political parties 43. General penalty 44. Regulations PART VIIIREPEAL, SAVINGS AND TRANSITIONAL PROVISIONS 45. Repeal and savings 46. Status of political parties already registered 47. Saving of existing rights, powers, etc. 48. Compliance with this Act SCHEDULE 1 of 20181 of 2022G.N. 82/2018 An Act to make provision for regulating the registration, financing and functioning of political parties; and to provide for matters incidental thereto and connected therewith. PART IPRELIMINARY 1. Short title This Act may be cited as the Political Parties Act. 2. Interpretation In this Act, unless the context otherwise requires— “campaign material” means a political party’s or candidate’s manifesto, advertisement, billboard, posters, t-shirts, clothes, or other materials depicting colors regarding symbols and other designs of a political party or pictorial images of a candidate and includes materials that may be published as campaign materials and these include; a manifesto, advertisement, billboard, poster, booklet, pamphlet, leaflet, magazine, newspaper, t-shirt, clothes or other materials depicting a color, symbol, picture or other design for a political party or a candidate; “candidate” means a person nominated to contest in a presidential, parliamentary or local government election, and includes an independent candidate as defined under the Presidential, Parliamentary and Local Government Elections Act; “handouts” means transactions whereby political parties, bodies, candidates or any other person distribute private goods, cash, gifts and other items to a person as an enticement to vote for the political party or the candidate that shall not include matters or transactions specified in the Schedule; “member” means a person eligible to vote under any written law and whose name, address and signature are entered in a register of members kept and maintained by that political party, but shall not include a mere sympathizer, follower or supporter of a political party whose name is not entered into the party’s register; “Minister” means the Minister, for the time being, responsible for justice; “office bearer” includes a leader of a political party; “political party” means a combination of persons who have constituted themselves for a political purpose and are registered as such under this Act; and “Registrar” means the Registrar of Political Parties appointed under section 5. PART IIGENERAL PRINCIPLES 3. General principles (1) The following principles shall, at all times, be adhered to in the implementation and application of this Act— (a) respect, by political parties in conducting their affairs, of fundamental principles and rights enshrined in the Constitution; (b) freedom by all persons to form a political party and to cease to be a member of a political party, and no person shall be compelled to belong to a political party; (c) non-discrimination, in enjoyment of rights and privileges of membership of a political party to which a person is a member, on grounds of race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition; and (d) gender equality which shall ensure that a political party comprise in so far as it is practicable with the…

CHAPTER 49:01TRADEMARKS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITRADEMARKS OFFICE 3. Establishment of the Trademarks Office 4. Registrar 5. Appointment of other officers in the Trademarks Office 6. Register PART IIIREGISTRATION OF TRADEMARKS AND RELATED MATTERS 7. Application for registration of a trademark 8. Grounds for refusal of registration 9. Advertisement of an application 10. Opposition to an application 11. Registration of a trademark 12. Rights conferred by registration 13. Infringement of a trademark 14. Exhaustion of rights 15. Use of unregistered trademark 16. Registration subject to disclaimer 17. Limitation as to colour and absence thereof 18. Classification of goods and services 19. Registration of parts of trademarks and of trademarks as a series 20. Assignment and transmission of a trademark 21. Associated trademarks to be assignable and transmissible as a whole 22. Registration of assignment and transmission 23. Registration as licensee 24. Duration of rights and renewals 25. Removal of trademark for non-use 26. Use of one of associated or substantially identical trademarks equivalent to use of another PART IVRECTIFICATION AND REMOVAL OF ENTRIES IN THE REGISTER 27. Rectification and correction of the Register 28. Removal or variation of registration of a trademark for breach of condition 29. Alteration of registered trademarks 30. Owner or applicant to be heard before decision is made by Registrar 31. Evidence of certain entries and documents 32. Request for information 33. Advertisements to be approved by the Registrar PART VINFRINGEMENT OF TRADEMARKS AND UNFAIR COMPETITION 34. Infringement of a trademark 35. Remedies for infringement of a trademark 36. Acts of unfair competition PART VIWELL KNOWN, COLLECTIVE AND CERTIFICATION MARKS 37. Protection of well known marks 38. Factors for determining well known marks 39. Registration of collective marks 40. Registration of certification marks PART VIICGEOGRAPHICAL INDICATIONS 41. Application for registration of a geographical indication 42. Acceptance and advertisement of an application 43. Grounds for refusal of registration 44. Registration of geographical indications 45. Rights conferred by registration 46. Infringement of a geographical indication PART VIIIOFFENCES AND PENALTIES 47. Falsification of entries in the Register 48. False representation of a registered trademark 49. Deceiving or influencing the Registrar 50. Forgery of geographical indications 51. Forgery of trademarks and other prohibited acts 52. Prohibition of sale or importation of goods with forged trademarks 53. Aiding and abetting commission of offences outside Malawi 54. Witness giving false evidence 55. Importation of infringing goods 56. Commissioner General may prescribe rules on notice requirements 57. Commissioner General to disclose information PART IXINTERNATIONAL REGISTRATION OF TRADEMARKS 58. Treaty arrangements 59. Power to make regulations giving effect to treaties 60. Registration under the Banjul Protocol 61. Registration under the Madrid Protocol PART XAPPEALS AND OTHER LEGAL PROCEEDINGS 62. Establishment of Appeals Tribunal 63. Infringement or passing off of a trademark 64. Registrar’s original jurisdiction 65. Reference to Appeals Tribunal by Registrar 66. Proceedings before the Registrar 67. Power of Registrar to fix time and place 68. Registration to be prima facie evidence of validity 69. Market survey evidence 70. Registrar’s appearance in proceedings 71. Discretion of the Appeals Tribunal 72. Security for costs 73. Power to award and tax costs PART XITRADEMARK AGENTS 74. Trademark agents 75. Trademark agents register PART XIIMISCELLANEOUS 76. Jointly owned trademarks 77. Lodging and authentication of documents 78. Fees 79. Oaths and affirmations 80. Trademarks Journal 81. Regulations 82. Repeal and Savings FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 2 of 2018G.N. 81/2018 An Act to regulate matters relating to registration and protection of trademarks, well known marks, collective marks, certification marks, geographical indications and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Trademarks Act. 2. Interpretation In this Act, unless the context otherwise requires— “Appeals Tribunal” means the Appeals Tribunal established under section 62; “Commissioner General” means the Commissioner General of the Malawi Revenue Authority appointed pursuant to section 17 of the Malawi Revenue Authority Act; “geographical indication” means an indication which identifies goods or products as originating in the territory of a country, region or locality in that territory, where a given quality, reputation or other characteristic of a product is essentially attributable to its geographical origin and in a case where such goods are manufactured goods, one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be; “international instrument” means any convention, treaty, protocol or agreement between States; “limitation” means any limitation of the exclusive right to the use of a trademark given by a person at the time of registration as owner thereof, including limitations of that right as to mode of use, and use in relation to goods to be sold or services to…

CHAPTER 34:04HIV AND AIDS (PREVENTION AND MANAGEMENT) ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIRESPONSIBILITY FOR PREVENTION AND MANAGEMENT OF HIV AND AIDS 3. Responsibilities of Minister PART IIIHARMFUL PRACTICES 4. Prohibition of harmful practices 5. Subjecting another to a harmful practice PART IVPROHIBITION OF DISCRIMINATION 6. Prohibition of HIV and AIDS discrimination 7. Rights and duties of persons living with or vulnerable to contracting HIV 8. Rights of persons affected with HIV PART VDISCLOSURE 9. Right to privacy and confidentiality 10. Disclosure by health service provider 11. Unlawful disclosure of HIV status of another person PART VIPUBLIC HEALTH 12. HIV transmission and testing 13. Age of accessing VCT without parental or guardian consent 14. Consent to HIV testing 15. Testing of donated body tissues 16. Testing of donated blood 17. Consent to be deemed 18. Prohibition of compulsory testing 19. Pre-test and post-test counseling 20. Duty to report HIV infection 21. Prohibition of discrimination in health facilities PART VIIINFORMATION 22. Access to HIV and AIDS information 23. Powers in relation to HIV and AIDS information 24. Accrediting authority 25. Publication of misleading information PART VIIIEMPLOYMENT 26. Prohibition of pre-recruitment testing 27. Prohibition of termination of employment on grounds of HIV or AIDS 28. Prohibition of discrimination 29. Procuring another to conduct HIV testing for recruitment, etc. 30. Aiding, abetting or assisting to conduct HIV testing for recruitment etc. 31. Employer responsible for minimizing risk of infection at workplace 32. Workplace policy 33. Compensation PART IXEDUCATION 34. Prohibition of HIV testing for educational opportunities 35. Prohibition of discrimination in education or training institutions 36. HIV and AIDS materials in school curricula 37. Teachers and instructors to be trained on matters of HIV and AIDS 38. HIV and AIDS information in non-formal education systems PART XCONTROL OF HIV INFECTION 39. Person with HIV or AIDS to undergo counseling PART XINATIONAL AIDS COMMISSION 40. Establishment of National AIDS Commission 41. Functions of the Commission 42. Powers of the Commission 43. Composition of the Commission 44. Tenure of office 45. Chairperson 46. Commission may establish committees 47. Commission may co-opt 48. Meetings of the Commission 49. Disclosure of interest 50. Remuneration 51. Reporting 52. Chief Executive Officer 53. Procedure for appointment of Chief Executive Officer 54. Duties of Chief Executive Officer 55. Removal of Chief Executive Officer 56. Staff of the Commission 57. Attendance of meetings by staff PART XIIFINANCIAL PROVISIONS 58. Funding of the Commission 59. Accounts and audit PART XIIIMISCELLANEOUS 60. Powers of the Minister 61. Agreements, licences, permits, etc. PART XIVTRANSITION 62. Transfer of assets, funds, liabilities, etc. 63. Transfer of employees FIRST SCHEDULE SECOND SCHEDULE 9 of 2018G.N. 39/2018 An Act to make provision for the prevention and management of HIV and AIDS; to provide for the rights and obligations of persons living with HIV or affected by HIV and AIDS; to provide for the establishment of the National AIDS Commission; and to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the HIV and AIDS (Prevention and Management) Act. 2. Interpretation In this Act, unless the context otherwise requires— “AIDS” means Acquired Immunodeficiency Syndrome; “chairperson” means the chairperson of the Commission and includes any person acting in that capacity; “Chief Executive Officer” means the Chief Executive Officer of the National AIDS Commission appointed pursuant to section 52; “child” means any person below the age of eighteen years; “Commission” means the National AIDS Commission established under section 40 of this Act; “compulsory HIV testing” means HIV testing imposed upon a person characterized by the lack of informed and voluntary consent; “diagnostic testing” means HIV testing done on an individual who shows signs and symptoms that are consistent with HIV infection to aid clinical diagnosis and management; “discrimination” includes any distinction, exclusion or restriction made on the basis of the actual or perceived HIV status of a person which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by that person or another individual associated with that person on a basis of equality with the other members of the community, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field; “harmful practice” means any social, religious or cultural practice that— (a) puts a person at risk of HIV infection or re-infection; or (b) may catalyze progression of HIV infection to AIDS; “health service provider” means— (a) a medical practitioner, dentist, paramedical and allied health professional registered under the Medical Practitioners and Dentists Act; (b) a nurse or midwife registered in any category of nurses and midwives registered under the Nurses and Midwives Act; (c) a pharmacist, pharmacy technologist or pharmacy assistant registered under the Pharmacy, Medicines and Poisons Act; or (d) where applicable,…

CHAPTER 23:01PHYSICAL PLANNING ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IIADMINISTRATION 4. Commissioner for Physical Planning 5. Duties of the Commissioner 6. Delegation of powers by the Minister 7. Indemnity of public officers PART IIIPLANNING AUTHORITIES 8. Establishment of the Physical Planning Council 9. Composition of the Council 10. Disqualification of a member 11. Vacancies 12. Chairperson and Vice-Chairperson of the Council 13. Proceedings of the Council 14. Tenure of office of members of the Council 15. Functions of the Council 16. Funds of the Council 17. Secretary to the Council 18. Limitation of liability of members of the Council 19. Appointment of planning committees 20. Composition, procedure, functions and powers of a planning committee 21. Powers of Minister to make inquiries and seek advice PART IVPLANS AND PLAN MAKING Division IGeneral 22. Duties and powers of responsible authority with regard to plans generally 23. Consideration of plans other than a National Physical Development Plan Division IINational Physical Development Plan 24. National Physical Development Plan 25. Purpose of a National Physical Development Plan 26. Responsibility for the preparation and review of the National Physical Development Plan 27. Approval of National Physical Development Plan 28. Status of a National Physical Development Plan Division IIIDistrict physical development plans 29. District physical development plans 30. Purpose of a district physical development plan 31. Responsibility for preparation of a district physical development plan 32. Status of district physical development plans Division IVLocal physical development plans 33. Types of local physical development plans 34. Contents of local physical development plans 35. Responsibility for preparation of local physical development plans 36. Approval of local physical development plans 37. Status of local physical development plans 38. Deposit of approved plan 39. Review, modification and amendments of plans 40. Revocation of plans 41. Conflict between plans 42. Preparation and use of plans by the Commissioner PART VDEVELOPMENT CONTROL AND ENFORCEMENT Division IDevelopment Control 43. Public land which is unallocated customary land 43A. Malawi as a planning area 44. Permitted development 45. Types of development permission 46. Application for development permission 47. Power to obtain information concerning applications 48. Power of Minister concerning applications 49. Consultation in relation to applications 50. Consideration of applications 51. Time and completion of development 52. Revocation of grant of development permission 53. Development permission personal to applicant Division IIEnforcement 54. Development not to take place without permission 55. Enforcement notice 56. Reconsideration of enforcement notice 57. 58. Action in pursuance of enforcement notice 59. Stop notice 60. Development permission subsequent upon unauthorized development 61. Cleaning up land and buildings and demolition of unfit buildings PART VISPECIAL AREAS 62. Declaration of special areas 63. Improvement area order 64. Vacant land development order 65. Building preservation order 66. Accelerated development area order PART VIIACQUISITION OF LAND AND COMPENSATION 67. Acquisition of land 68. Occasions when compensation payable for planning actions 69. Assessment of compensation 70. Claim for compensation PART VIIIAPPEALS 71. Appeals 72. Powers of Council on appeal PART IXPHYSICAL PLANNERS BOARD 73. Physical Planners Board 74. Chairperson of the Board 75. Tenure of office of members of the Board 76. Disqualification 77. Vacancies 78. Proceedings of the Board 79. Committees of the Board 80. Invited persons 81. Powers and duties of the Board 82. Secretariat of the Board 83. Duties of the Registrar 84. Application for registration 85. Registration as a physical planner 86. Registration in exceptional circumstances 87. Power of the Board to deal with offences by registered physical planners 88. Removal of name from register 89. Restoration of name in register 90. Corrections of register 91. Appeal against decisions of the Board 92. Effect of registration 93. Non-registered persons not to practice as physical planners 94. Funds of the Board PART XMISCELLANEOUS 95. Powers of entry 96. Registration of applications for development permission and enforcement notices 97. Publication of information by the Commissioner 98. Offences 99. Regulations 100. Repeal and savings FIRST SCHEDULE SECOND SCHEDULE 17 of 201612 of 2022G.N. 36/2018 An Act to make provision for physical planning and the orderly and progressive development of land in both urban and rural areas; to preserve and improve amenities thereof; for the grant of permission to develop land and for other powers of control over the use of land; for the establishment of the Physical Planning Council; for the establishment of the Physical Planners Board; for the registration and regulation of physical planners and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Physical Planning Act. 2. Interpretation In this Act, unless the context otherwise requires— 12 of 2022 “accelerated development area order” means an order made, and referred to as such, under section 66; “advertisement” means any word, letter, model, sign, placard, board, notice, poster,…

CHAPTER 59:01CUSTOMARY LAND ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION AND MANAGEMENT OF CUSTOMARY LAND 3. Traditional Land Management Area 4. Administration and management of customary land 5. Customary land committees 6. Functions of the land committee 7. Procedure for land committees 8. Land clerks 9. Advice by local government authorities 10. Complaints concerning management of customary land 11. Joint customary land use agreement between land committees 12. Joint customary land use agreement between Traditional Land Management Areas 13. Customary land in a traditional land management area 14. Communal land 15. Occupation of customary land by organizations and bodies 15A. Conversion of leases to customary estates 16. Conflict of interest PART IIITRANSFERS 17. Transfer of customary land to Government or reserved land 18. Transfer of Government land or reserved land into customary land PART IVDECLARATION OF HAZARDOUS LAND 19. Declaration of hazardous land PART VGRANT AND MANAGEMENT OF CUSTOMARY ESTATES 20. Customary estate 21. Application for a customary estate 22. Determination of application of customary estate 23. Procedure on grant of customary estate 24. Payment of fees on grant of customary estate to an organization or body 25. Customary estate lease and sublease 26. Rent 27. Conditions for grant of customary estate 28. No sale of customary estate 29. Surrender of customary estate 30. Re-grant of surrendered customary estate 31. Breach of condition of customary estate 32. Fine for breach of condition 33. Revocation of customary estate granted to an organization or body 34. Abandonment of a customary estate 35. Application for relief PART VIADJUDICATION OF INTEREST IN CUSTOMARY LAND 36. Grant of customary estate require adjudication 36A. Principles of parcel demarcation 37. Types of adjudication 38. Area adjudication 39. Procedure for area adjudication 40. Appeal against area adjudication 41. District adjudication 42. Spot adjudication 43. Guiding principles for adjudication PART VIIDISPUTE SETTLEMENT 44. Customary land tribunals 45. Appeals from customary land tribunals 46. District land tribunals 47. Appeals from district land tribunals 48. Central Land Board 49. Guiding principles for land tribunals PART VIIIMISCELLANEOUS 50. Effect of disposition of customary land 51. Register of customary land 52. Private land to become customary estate 53. Regulations 54. Repeal and savings 19 of 201615 of 2022G.N. 17/201829/2022 An Act to provide for the management and administration of customary land and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Customary Land Act. 2. Interpretation In this Act, unless the context otherwise requires— “adjudication” means ascertaining ownership to land or interest in land; “adjudication officer” means any person appointed to carry out adjudication functions pursuant to section 42; “Central Land Board” means a tribunal established under section 48; “Commissioner” bears the meaning ascribed to that term in the Land Act; “communal customary land” means customary land set aside as such under section 14; “communal land” means customary land that has habitually been used, as a matter of practice or under customary law, by the community and is managed by a land committee for the benefit of the community; “customary estate” bears the meaning ascribed to that term in the Land Act; “customary land” has the meaning assigned thereto in the Land Act; “customary land use agreement” means an agreement adopted and approved pursuant to section 11; “customary land committee” means a committee appointed under section 5; “customary land tribunal” means a tribunal established under section 44; “customary law” has the meaning assigned thereto in the Land Act; “district land tribunal” means a tribunal established under section 46; “hazardous land” means land declared to be hazardous under section 19; “indigenous Malawian” means a person who is a citizen of Malawi and can trace his descent from any of the ethnic groups in Malawi; “land clerk” means a clerk appointed under section 8; “Registrar” means the Land Registrar or Assistant Land Registrar in charge of a District Registry established under the Registered Land Act for a registration district in which the Traditional Land Management Area is situated; “spot adjudication” means adjudication pursuant to section 42; “Traditional Authority” has the meaning assigned thereto in the General Interpretation Act; and “Traditional Land Management Area” has the meaning assigned thereto in the Land Act. PART IIADMINISTRATION AND MANAGEMENT OF CUSTOMARY LAND 3. Traditional Land Management Area (1) Customary land in a Traditional Land Management Area shall— (a) be held by the Traditional Authority on trust for the people in the Traditional Land Management Area; and (b) subject to this Act and any other written law, be administered in accordance with customary law prevailing in the Traditional Land Management Area. (2) The Surveyor General shall produce and issue a map for every Traditional Land Management Area in accordance with agreed boundaries. (3) Where a Traditional Land Management Area has been altered in…

CHAPTER 37:03PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application of this Act PART IITHE PUBLIC PROCUREMENT AND DISPOSAL OF ASSETS AUTHORITY 4. Establishment of the Public Procurement and Disposal of Assets Authority 5. Functions of the Authority 6. Powers of the Authority 7. Membership of the Authority 8. Meetings of the Authority 9. Committees of the Authority 10. Director General 11. Tenure of office of the Director General 12. Removal of the Director General 13. Deputy Director General 14. Acting Director General 15. Other staff of the Authority 16. Funds of the Authority 17. Borrowing by the Authority 18. Advances to the Authority 19. Books of accounts 20. Financial year of the Authority 21. Audit of accounts 22. Disclosure of interest 23. Post engagement restrictions 24. Immunity of members and employees of the Authority PART IIIRESPONSIBILITY OF CONTROLLING OFFICERS, INTERNAL PROCUREMENT AND DISPOSAL COMMITTEES, PROCUREMENT AND DISPOSAL UNIT AND Ad Hoc Evaluation Teams 25. Responsibility of a Controlling Officer 26. Establishment of Internal Procurement and Disposal Committees 27. Composition of Internal Procurement and Disposal Committees 28. Ad hoc evaluation teams 29. Procurement and Disposal Unit PART IVPRINCIPLES OF PUBLIC PROCUREMENT AND DISPOSAL OF ASSETS 30. Principles of public procurement 31. Principles of disposal of assets 32. Records of procurement and disposal proceedings 33. Mode of communication 34. Confidentiality 35. Limitation on contracts with employees 36. Participation by micro, small and medium enterprises PART VPROCUREMENT AND DISPOSAL METHODS 37. Methods of procurement 38. Disposal of assets PART VIPROCUREMENT AND DISPOSAL PLANNING AND PROCEEDINGS 39. Planning of procurement and disposal activities 40. Publication of invitation to bid 41. Issuance of bidding document 42. Submission of bids 43. Bid opening 44. Bid evaluation 45. Use of standard bidding documents 46. Cancellation of procurement proceedings 47. Negotiations 48. Intention to award a contract 49. Procurement contract 50. Amendment of a signed procurement contract 51. Contract management PART VIISUPPLIERS AND BIDDERS 52. Eligibility criteria of suppliers 53. Qualification of bidders 54. Supplier databases or lists 55. Conduct of bidders and suppliers 56. Debarment of suppliers and contractors PART VIIIPROCUREMENT INTEGRITY 57. Conduct of public officials 58. Codes of conduct for public officials and suppliers PART IXADMINISTRATIVE REVIEW AND APPEAL 59. Right to review 60. Review procedures PART XMISCELLANEOUS 61. Framework agreements 62. Oath by members and employees of the Authority 63. Offences 64. Regulations 65. Repeal and savings 66. Transitional provisions 27 of 2017G.N. 71/2017 An Act to provide for the establishment of the Public Procurement and Disposal of Assets Authority; to provide for its functions and powers; to maximize economy and efficiency in public procurement and disposal of public assets; to provide for, and regulate, a decentralized institutional structure for the public procurement and disposal of public assets; and to provide for matters connected with or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Public Procurement and Disposal of Public Assets Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Public Procurement and Disposal of Assets Authority established under section 4; “award” means the granting of a contract by a procuring and disposing entity to a supplier for purposes of entering into a procurement contract; “bid” means an offer to provide goods, works and services submitted by a bidder in response to an invitation from a procuring and disposing entity and includes a tender, proposal, quotation and, where applicable, an application to pre qualify; “bidder” means any participant who has expressed interest in procurement proceedings by submitting a bid; “bidding document” means a tender solicitation document or any other document for solicitation of offers, proposals or quotations; “bid notice” means any advertisement by which eligible bidders are invited to submit written offers to provide or acquire works, services and goods or any combination of them in case of procurement and disposal respectively; “bid security” means a security bond required to ensure that a bid will remain valid during the period stated in the bidding document; “bid securing declaration” means a declaration specified under the regulations; “chairperson” means the chairperson of the Authority; “close relative” means a spouse, child, sibling or parent or guardian; “Controlling Officer” means the head or principal person who is in charge of procuring and disposing entity; “coercive practices” mean practices intended at harming or threatening to harm, directly or indirectly, a person, or a person’s asset, to influence that person’s participation in a procurement or disposal proceeding or to effect the execution of a procurement contract; “collusive practices” mean a scheme or arrangement between two or more bidders, with or without the knowledge of the procuring and disposing entity, designed to establish bid prices at artificial or non-competitive levels; “consultant” means a person who is under a…