Category: Principal Legislation

CHAPTER 57:01LAND ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION 3. Commissioner for Lands 4. Duties of the Commissioner 5. Delegation of powers by the Minister 6. Protection of the Commissioner or authorized officers PART IIIGENERAL 7. Categories of land 8. Vesting of land 9. Prohibition to grant freehold land 9A. Access to land 9B. No sale of vacant land 10. Powers of corporations to hold land 11. Land designated for investment purposes 12. The Minister may dispose of public land 13. Prohibition against disposal of state and official residences 14. Interest for delay in payment of rent PART IVPUBLIC LAND 15. No implied right of entry 16. Use and occupation of Government land 17. Acquisition of unallocated customary land for public utility 18. Compensation to individuals for loss, damage or disturbance 19. Conversion of customary land to registered land 20. Unlawful use of public land an offence, etc. 20A. Land eviction orders PART VPRIVATE LAND 21. Interest in land which the Minister may grant 22. Minister or local government authority may accept surrenders 23. Minister or local government authority may relieve from liability to perform covenants, etc. 24. Implied covenants in leases 25. Power of re-entry by Minister or local government authority 26. Exceptions and reservations 27. Revision of rent 28. Matters to be taken into account 29. Procedure on alteration of rent 30. Surrender in lieu of revision of rent 31. Compensation for improvements on surrender 32. Acceptance of rent not to waive breach of covenant 33. Authorized officer may distrain 34. Service of notices 35. Fees 36. Prior written consent of the Minister or local government authority before sale, lease, etc., of private land 37. Land not to be granted or sold to a person who is not a citizen of Malawi 38. 39. Failure to develop freehold land 40. Gifts of private land between non-citizens PART VIUSER OF LAND 41. Minister’s power to regulate, manage or control the use of land 42. Power of entry on land 43. Obstruction and penalties 44. Vesting of land after termination of right to occupy 44A. Lease granted by the Minister to revert to public land 44B. Surrender of land upon change of use from agricultural to residential or commercial development PART VIITRESPASS OR ENCROACHMENT UPON, OR UNLAWFUL OCCUPATION OF LAND 45. Summons for trespass, encroachment or unlawful occupation 46. Procedure PART VIIIMISCELLANEOUS 47. Regulations 48. Certificate of Minister to be prima facie proof 49. Proof of citizenship in relation to land transactions 50. Delegation 51. Repeal and savings 52. Savings with respect to mining and oil exploration and production 16 of 20165 of 2022G.N. 61/201724/2022 An Act to make provision for land in Malawi and for all matters incidental or connected thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Land Act. 2. Interpretation In this Act, unless the context otherwise requires— “authorized officer” means an officer duly authorized by the Minister for the purposes of this Act or any part thereof; “Commissioner” means the Commissioner for Lands; “customary estate” means any customary land which is owned, held or occupied as private land within a traditional land management area and which is registered as private land under the Registered Land Act; “customary land” means land held, occupied and used in accordance with customary law; “customary law” means customary law and practice prevailing in the traditional land management area; “freehold” means an estate in land which is held in perpetuity; “freehold land” means a fee simple, fee tail or life estate; “Government land” means land acquired and owned by the Government, but does not include a public road; “land” means the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance, and includes the surface covered with water, all things growing on that surface, buildings, other things permanently affixed to land and free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the airspace imposed, and rights in the use of airspace granted by international law; “lease” includes an agreement for a lease, and any reference to a lease shall be construed as a reference to a lease granted under this Act or any other written law; “local government authority” bears the meaning ascribed to it in the Local Government Act; “magistrate” means a Resident Magistrate or other grade magistrate exercising jurisdiction of the area concerned; “magistrate’s court” means any subordinate court constituted under section 34 of the Courts Act; “person who is not a citizen of Malawi” includes a company or other corporate or unincorporated body with majority ownership or control in the persons who are not citizens of Malawi; “private land” means all land which is owned, held or occupied under a…

CHAPTER 59:03LAND SURVEY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION 3. Surveyor General and other officers 4. Duties and functions of the Surveyor General PART IIILAND SURVEYORS REGISTRATION BOARD 5. Establishment of Land Surveyors Registration Board 6. Powers and functions of the Board 7. Composition of the Board 8. Chairperson and Vice Chairperson of the Board 9. Disqualification of members of the Board 10. Tenure and nature of office of members of the Board 11. Vacancies and filling of vacancies in the Board 12. Meetings of the Board 13. Committees of the Board 14. Allowances of members of the Board and its committees 15. Invited persons 16. Board not liable for acts done in good faith 17. Funds of the Board 18. Investment of surplus sums of money 19. Borrowing powers of the Board 20. Financial year of the Board 21. Books of accounts, audits and reports 22. Annual report of the Board 23. Registrar 24. Duties of the Registrar 25. Other staff 26. Attendance of meetings by staff PART IVLICENSING, REGISTRATION AND DUTIES OF SURVEYORS 27. Application for a licence and registration 28. Qualifications for licensed surveyors 29. Licensing and registration of surveyors 30. Qualifications for registration as a licensed surveyor 31 Qualifications for registration as a graduate surveyor 32. Qualifications for registration as a surveying technician 33. Certificate of registration 34. Registers 35. Corrections of registers 36. Duties of a surveyor 37 Surveying instruments to be accurate 38. Complaints against a surveyor 39. Misconduct and disciplinary measures 40. Persons other than surveyors forbidden to carry out land surveys 41. Survey plans to be deposited with the Surveyor General and to be property of the Government 42. Aerial and topographic survey and topographic mapping 43. Approval of surveys by the Surveyor General 44. Surveyor General may cancel approval of a plan PART VSURVEY MARKS AND BOUNDARIES 45. Survey marks and boundaries lawfully established 46. Survey of Traditional Land Management Areas etc. 47. Sites of trigonometrical stations and fundamental benchmarks reserved to Government 48. Blasting of rock within area reserved for a fundamental benchmark prohibited 49. No posts or fences to be placed near survey mark 50. Preservation and maintenance of survey marks 51. Surveyor General may call upon owner of land to restore survey mark 52. Offences, penalties and compensation 53. Authority to remove survey marks PART VIMALAWI GEOGRAPHIC INFORMATION COUNCIL 54. Establishment of the Malawi Geographic Information Council 55. Functions and powers of the Council 56. Composition of the Council 57. Secretary to the Council 58. Nature of service and tenure of a member of the Council 59. Disqualifications 60. Vacancies and filling of vacancies 61. Meetings of the Council 62. Committees of the Council 63. Allowances of members of the Council and its committees 64. Invited persons 65. Funds of the Council 66. Investment of surplus funds 67. Borrowing powers of the Council 68. Financial year of the Council 69. Accounts and reports 70. Annual report PART VIIMISCELLANEOUS 71. Government not liable for incorrect survey 72. Board or Council not liable for acts done in good faith 73 Plans and records, etc., prima facie evidence of contents therein 74. Power of Surveyor General to enter land and to use material thereon 75. Regulations 76. Repeal and savings CHAPTER 59:03LAND SURVEY 18 of 201611 of 2022G.N. 62/201725/2022 An Act to provide for land surveys; the establishment of the Land Surveyors Registration Board; the licensing and control of land surveyors; the establishment of the Malawi Geographic Information Council, and to provide for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Land Survey Act. 2. Interpretation In this Act, unless the context otherwise requires— “aerial survey” includes a survey conducted using aircraft, drone, balloon or any unmanned vessel; “Board” means the Land Surveyors Registration Board established under section 4; “cadastre” means a methodically arranged public inventory of data on properties within a district based on a survey of the property boundaries; “general plan” means a document containing geometrical, numerical and verbal representations of a piece of land, which has been approved or certified by the Surveyor General or a copy thereof prepared in the Surveyor General’s office and approved and certified as aforesaid, and includes a document which has, at any time prior to the commencement of this Act, been accepted as a diagram in the Deeds Registry or Land Registry; “government surveyor” means the Surveyor General or, as the case may be, any officer of the Department of Surveys who is authorized, in writing, by the Surveyor General to perform the duties of a surveyor under this Act, or any government officer being a surveyor; “land” has the meaning ascribed to the word in the Land Act; “licensed surveyor” means a land surveyor…

CHAPTER 3:03LOCAL COURTS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Substantial justice to be done without undue regard to technicalities PART IIESTABLISHMENT AND CONSTITUTION OF LOCAL COURTS 4. Establishment of Local Courts 5. Composition of Local Courts 6. Qualification of Chairperson 7. Assessors 8. Functions and duties of assessors 9. General Jurisdiction 10. Places and times of sittings of Local Courts 11. Laws to be administered 12. Court staff 13. Records to be kept 14. Seals PART IIIPRACTICE AND PROCEDURE 15. Practice and Procedure 16. Language of Court 17. General supervisory powers of District Appeals Local Courts PART IVCIVIL JURISDICTION 18. Civil jurisdiction of Local Courts 19. Awards in cases of a civil nature 20. Enforcement of awards 21. Offences relating to execution of sale orders and transfer orders PART VCRIMINAL JURISDICTION 22. Criminal jurisdiction of Local Courts 23. Orders in cases of a criminal nature 24. Power to release and caution by Local Courts 25. Promotion of reconciliation 26. Suspension of sentence 27. Sentences which a Local Court may pass 28. Committal of case to a magistrate court for sentencing 29. Compensation to injured or aggrieved person 30. Compensation not to preclude civil suit 31. Willful refusal to pay compensation 32. Places of imprisonment PART VIGENERAL POWERS OF LOCAL COURTS 33. Power to summon witnesses 34. Power to summon witnesses outside area of jurisdiction 35. Power to transfer case to another Local Court before inquiry or trial, etc 36. Power to transfer case to a magistrate court and proceedings on transfer 37. Power of remand in criminal cases 38. Execution of orders of High Court, subordinate Courts or other Local Courts PART VIIMISCELLANEOUS 39. Contempt of court 40. Representation of parties 41. Appeals 42. Stay of execution and admission to bail pending appeal 43. Power on appeal 44. Indemnity of certain persons 45. Penalty for false evidence 46. Rules 47. Repeals and savings FIRST SCHEDULE SECOND SCHEDULE 9 of 2011G.N. 47/2017 An Act to make provision for the establishment and constitution of Local Courts, the jurisdiction thereof, the procedure therein and for the proper administration of justice by such courts PART IPRELIMINARY 1. Short title This Act may be cited as the Local Courts Act. 2. Interpretation In this Act, unless the context otherwise requires— “assessor” means a person appointed in accordance with section 7; “Chairperson” means the chairperson of a Local Court appointed in accordance with section 5; “language of the court” means the language or languages approved by the Chief Justice, in writing, as the language or languages in which the proceedings may be held; “Local Court” means a court established under this Act and includes a District Appeals Local Court; “witness” includes a complainant and an accused who gives evidence. 3. Substantial justice to be done without undue regard to technicalities No proceedings in a Local Court and no summons, warrant, process, order or decree issued or made thereby shall be varied or declared void upon appeal by reason of any defect in procedure or want of form, and every court exercising appellate powers under this Act shall decide all matters according to substantial justice without undue regard to technicalities. PART IIESTABLISHMENT AND CONSTITUTION OF LOCAL COURTS 4. Establishment of Local Courts There are hereby established the following Local Courts, subordinate to the High Court— (a) the District Appeals Local Courts which shall be appellate courts established in each district; and (b) Local Courts established in such places in each district as the Chief Justice may determine. 5. Composition of Local Courts (1) A District Appeals Local Court or a Local Court shall be presided over by a Chairperson who shall be appointed by the Chief Justice on the recommendation of the Judicial Service Commission. (2) The Chairperson may sit with at least two assessors selected from a panel of assessors appointed in accordance with section 7. 6. Qualification of Chairperson A person shall not qualify to be a Chairperson of a District Appeals Local Court or a Local Court unless that person— (a) has attained the age of thirty-five years; (b) is in possession of a Malawi School Certificate of Education or its equivalent; (c) has adequate knowledge of the customary law of the area; (d) has adequate command of the language of the Court; (e) is proficient in English language; (f) has no criminal record involving dishonesty or moral turpitude; and (g) is otherwise a fit and proper person. 7. Assessors (1) In respect of every Local Court, the Registrar shall appoint a panel of assessors consisting of persons who are qualified to be assessors, and such appointment shall be on recommendation from the District Resident Magistrate. (2) A person shall not qualify to be appointed as an assessor of a Local Court unless that person— (a) has attained…

CHAPTER 74:01PAYMENT SYSTEMS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Objectives PART IIPOWERS AND FUNCTIONS OF THE RESERVE BANK 4. Powers, duties and functions of the Reserve Bank 5. Delegation of powers 6. Reserve Bank not precluded from exercising and withdrawing delegated powers 7. Cooperation with other regulatory authorities 8. Directives, guidelines, circulars and directions 9. Breaches of directives, etc. 10. Directions for inadequate control of risks 11. Court order for compelling compliance with a direction PART IIIREGULATION AND OVERSIGHT BY THE RESERVE BANK 12. Restrictions on operating a payment system etc. or services 13. Application for licences or authorization 14. Licence and authorization requirements 15. Revocation or suspension of authorization or a licence 16. Responsibilities of system operators 17. Actions requiring prior approval of the Reserve Bank 18. Investigative powers of the Reserve Bank 19. Requirements for participation in, and operation of a settlement system PART IVPROTECTION OF SETTLEMENT SYSTEMS 20. Discharge of settlement obligations 21. Finality and irrevocability of settlements 22. Winding-up of a system participant on application by a person other than the Reserve Bank 23. Winding-up of a system participant by the Registrar 24. Voluntary winding-up of a system participant 25. Irrevocability and finality of settlements prior to lodging of winding-up order 26. Cessation of participation in clearing and payment systems 27. Passing of settlement transactions subsequent to winding-up proceedings 28. Restrictions against attachments, garnishee proceedings or seizures PART VNETTING AND FINANCIAL COLLATERAL ARRANGEMENTS 29. Obligations under netting agreements, arrangements and rules 30. Recognition of financial collateral arrangements 31. Utilization of collateral PART VITRUNCATION, IMAGING AND ELECTRONIC ENTRIES 32. Truncation and imaging 33. Admissibility of photographic images of payment instruments and electronic entries 34. Right of a bank to request original payment instrument or image thereof PART VIIDISPUTE RESOLUTION 35. Dispute resolution PART VIIIMISCELLANEOUS 36. Access to information 37. Confidentiality of information 38. Use of confidential information for personal gain 39. Conditions for disclosure of information 40. Indemnity of officers and other officials 41. Retention of records 42. Penalties 43. Regulations PART IXTRANSITIONAL ARRANGEMENTS 44. Transitional arrangements 15 of 2016G.N. 35/2017 An Act to provide for the operation, regulation and supervision of payment, clearing and settlement systems in Malawi, and matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Payment Systems Act. 2. Interpretation In this Act, unless the context otherwise requires— “bank” has the meaning ascribed to that term in the Banking Act; “business day” means any day other than a Saturday, Sunday or public holiday; “card” means any card including an Auto-Teller Machine card, point of sale card, debit card, credit card or stored value card, used by a consumer to effect an electronic funds transfer, electronic payments or withdrawals; “cheque” has the meaning ascribed to that term in the Bills of Exchange Act; “circular” means a written notice on a new policy or change of policy that relates to clearing and settlement systems operators, participants and includes instruments associated with such systems; “clearing” means the process of transmitting, reconciling and confirming transfer instructions regarding funds, securities or other financial instruments prior to settlement, including the netting of instructions and the establishment of final positions prior to settlement; “clearing system” means a system that facilitates the presentment and exchange of transfer instructions regarding funds, securities or other financial instruments prior to settlement; “direction” means a specific mandatory instruction or set of instructions to do or not to do certain acts or things addressed to specific payment, clearing and settlement systems and operators, participants and instruments associated with such systems; “directive” means a general mandatory instruction or set of instructions that apply or relate to all or specific payments, clearing and settlement systems or operators, participants and instruments associated with such systems; “electronic funds transfer” means the transfer of funds through an electronic mechanism; “finality” means that a settlement or transfer is unconditional, enforceable and irrevocable; “financial collateral arrangement” means an arrangement under which a participant provides acceptable collateral by way of securities in favour of, or to another participant, and where the full ownership of the collateral remains with the collateral provider when the security right is established whether or not the arrangement is covered by a master agreement, standard form contract, or any other general terms and conditions; “financial institution” has the meaning ascribed to the term in the Financial Service Act; “guidelines” means a standard or set of standards that relate to payments, clearing and settlement systems and operators, participants and instruments associated with those systems; “mobile payment system” means a system that enables the process of money transfer and exchange of money for goods and services between two parties using a mobile phone or an electronic mobile device; “netting” means the offsetting of positions or obligations by…

CHAPTER 68:01COMMUNICATIONS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Objectives 3. Interpretation PART IITHE MALAWI COMMUNICATIONS REGULATORY AUTHORITY 4. Establishment of the Authority 5. Ministerial policy directions 6. Duties, functions and powers of the Authority 7. Membership of the Authority 8. Appointment of members of the Authority 9. Disqualification from membership 10. Chairperson of the Authority 11. Tenure and vacation of office of members of the Authority 12. Filling of vacancies 13. Removal from office of a member of the Authority 14. Meetings of the Authority 15. Committees of the Authority 16. Co-opted persons 17. Governance powers of the Authority 18. Honoraria of members of the Authority 19. The Director General of the Authority 20. Tenure of office of the Director General of the Authority 21. Powers and functions of the Director General of the Authority 22. Other staff of the Authority 23. Disclosure of conflicts of interest 24. Confidentiality 25. Oath of secrecy 26. Delegation of powers 27. Advisory fora 28. Funds of the Authority 29. Accounts and audit 30. Annual report PART IIIREGULATION OF ELECTRONIC COMMUNICATIONS SERVICES 31. Requirement of licence for provision of electronic communications services 32. Authority to prescribe types and categories of electronic communications licenses 33. Exemptions 34. Licence eligibility 35. Local ownership requirement 36. Publication of rules relating to type or category of licence 37. Application for a licence 38. Grant of a licence through a restricted procedure 39. Issue of a licence 40. General licence conditions 41. Amendment of a licence 42. Transfer, assignment, etc., of a licence or rights thereunder 43. Suspension or revocation of a licence 44. Application for renewal of a licence 45. Obligation to roll out 46. Individual licence 47. Scope of a class licence 48. Class licence to state terms and conditions of issuance 49. Sub-classification 50. Registration under a class licence 51. Establishment of new licence categories 52. Licence fees 53. Provision of essential services 54. Protection of subscriber information PART IVECONOMIC REGULATION 55. Promotion of fair competition 56. Regulation of interconnexion, access, etc. 57. Market analyses and dominant market players 58. Obligations for dominant market players 59. Power to prevent anti-competitive practices PART VINTERCONNEXION 60. Interconnexion agreements 61. Rules for interconnexion terminal rates 62. Interconnexion request 63. Negotiations in interconnexion agreements 64. Application for approval of interconnexion 65. Order to enter into an interconnexion agreement 66. Maximum interconnexion rates 67. Registration of interconnexion agreements PART VIACCESS TO ELECTRONIC COMMUNICATION NETWORKS 68. Access agreements, and access to electronic communication networks 69. Registration of access agreements PART VIICO-LOCATION AND INFRASTRUCTURE SHARING 70. Co-location and infrastructure sharing agreements 71. Request for co-location and infrastructure sharing 72. Registration of co-location and infrastructure sharing agreements 73. Disputes relating to interconnexion agreements, etc. PART VIIIREGULATION OF TARIFFS 74. Setting or revision of tariffs 75. Justification for tariff setting or revision 76. Obligations of a licensee to publish approved tariffs 77. Tariff register 78. Tariff reframing 79. Investigations on tariffs 80. Offences relating to tariffs PART IXMANAGEMENT OF FREQUENCY SPECTRUM 81. Management of frequency spectrum 82. National frequency allocation plan 83. Designation of frequency bands 84. Prohibition on transfer of frequency spectrum 85. Frequency coordination 86. Power of entry and search PART XREGULATION OF ELECTRONIC COMMUNICATION NUMBERING 87. Regulation of electronic communication numbering 88. National numbering plan 89. Assignment of numbers or blocks of numbers 90. Rights not to be transferred 91. Rules relating to number portability, etc. PART XIREGISTRATION OF GENERIC NUMBERS AND SIM CARDS 92. Registration of generic numbers and SIM cards 93. Distributors, agents and dealers to submit information to licensees 94. Sale or distribution of generic numbers or SIM cards PART XIIELECTRONIC COMMUNICATIONS EQUIPMENT, APPLIANCES AND DEVICES 95. Technical and performance standards for equipment connected to a network 96. Approval of type of equipment to be connected to a network PART XIIIREGULATION OF CONTENT SERVICES 97. Authority to regulate content services 98. Requirement of licence to provide content services 99. Types of content licences 100. Public content licences 101. Commercial content licences 102. Community content licences 103. Content licence not to be granted to entities that are political in nature 104. Limitations on foreign ownership 105. Public content service fees 106. Restriction on subscription content services 107. Examination of programmes by the Authority PART XIVTHE MALAWI BROADCASTING CORPORATION 108. Establishment of the Malawi Broadcasting Corporation 109. Public service obligations of the Malawi Broadcasting Corporation 110. Duties, functions and powers of the Malawi Broadcasting Corporation 111. Board of the Malawi Broadcasting Corporation 112. Appointment of members of the Board of the Malawi Broadcasting Corporation 113. Tenure of office and vacancies 114. Honoraria of members of the Board of the Malawi Broadcasting Corporation 115. Meetings of the Board of the Malawi Broadcasting Corporation 116. Committees of the Board of the Malawi Broadcasting Corporation 117. Director General and other…

CHAPTER 74:02ELECTRONIC TRANSACTIONS AND CYBER SECURITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY PROVISIONS 1. Short title 2. Interpretation 3. Objectives 4. Principles 5. Implementation of this Act PART IIADMINISTRATION 6. Establishment of the Malawi CERT PART IIIFORMATION AND VALIDITY OF ELECTRONIC TRANSACTIONS 7. Recognition of electronic writing 8. Electronic signature 9. Equal treatment of electronic signature 10. Conduct of a person relying on a digital signature 11. Bearing legal consequences of relying on electronic signature 12. Recognition of digital signature certificates and digital signatures 13. Notarization, acknowledgement and certification 14. Other requirements 15. Determination of originality of an electronic message 16. Admissibility and evidential weight of electronic messages 17. Storage of electronic messages 18. Secure electronic record 19. Validity of a contract executed in electronic form 20. Time and place of dispatch and receipt of an electronic message 21. Offer and acceptance 22. Attribution of electronic messages to sender 23. Acknowledgement of receipt of an electronic message PART IVLIABILITY OF ONLINE INTERMEDIARIES AND CONTENT EDITORS AND PROTECTION OF ONLINE USERS 24. Freedom of communication and its limitations 25. Liability of an intermediary service provider 26. Liability for being a conduit 27. Liability for caching services 28. Liability for the supply of hosting services 29. Saving of data 30. Takedown notification 31. Online content providers 32. Right of reply PART VELECTRONIC COMMERCE 33. Information to be provided by a supplier 34. Formation of electronic contracts with consumers 35. Cooling-off period 36. Performance of an electronic transaction 37. Default in contract performance 38. Review and cancellation of contract by a consumer 39. Cancellation of payment 40. Prohibition of misleading advertising 41. Identification of advertisement content 42. Unsolicited communications 43. Scope of application of financial provisions 44. Identity of a provider of financial or banking services 45. Right of withdrawal from a contract PART VISECURITY AND DIGITAL ECONOMY 46. Use, supply, transfer, etc. 47. Presumptions regarding digital signature certificates 48. Unreliable digital signatures 49. Reliance on digital signature and certificate 50. Requirements to publish digital signature certificate 51. Authority to appoint a certification authority 52. Encryption 53. Trustworthy system 54. Disclosure 55. Issuance of a digital signature certificate 56. Representations upon issuance of a digital signature certificate 57. Suspension of a digital signature certificate 58. Revocation of a digital signature certificate 59. Revocation without a subscriber’s consent 60. Notice of suspension of a digital signature certificate 61. Notification of revocation of a digital signature certificate 62. Generating a key pair 63. Accurate and complete representations 64. Acceptance of a digital signature certificate 65. Control of a private key 66. Requesting for suspension or revocation 67. Provision of encryption services 68. Administrative sanctions 69. Appointment of cyber inspectors 70. Powers and functions of a cyber inspector PART VII 71.–74. PART VIIIDOMAIN NAME AND MANAGEMENT 75. Appointment of the Registrar of domain names 76. Functions and powers of the Registrar 77. Recommendations relating to domain names 78. Offence of administering domain name without authority 79. Dispute resolution concerning domain names PART IXELECTRONIC-GOVERNMENT TRANSACTIONS 80. Requirement of electronic filing and issuing of documents 81. Specific guidelines to public bodies 82. Implementation of e-government PART XOFFENCES 83. Search warrant 84. Unauthorized access, interception or interference with data 85. Child pornography 86. Prohibition of cyber harassment 87. Prohibition of offensive communication 88. Prohibition of cyber stalking 89. Prohibition of hacking, cracking and introduction of viruses 90. Unlawfully disabling a computer system 91. Prohibition of spamming 92. Prohibition of illegal trade and commerce 93. Attempting, aiding and abetting crime 94. Offences committed by legal persons 95. General offence and penalty PART XIGENERAL PROVISIONS 96. Lodging of complaints to the Authority 97. Public education programmes 98. Intermediary service providers’ levy 99. Codes of conduct 100. Act to prevail in case of inconsistency 101. Administrative penalties 102. Regulations 103. Exemption orders 104. Transitional provision 33 of 20162 of 2024G.N. 25/2017 An Act to make provision for electronic transactions; for the establishment and functions of the Malawi Computer Emergency Response Team (MCERT); to make provision for criminalizing offences related to computer systems and information communication technologies; and provide for investigation, collection and use of electronic evidence; and for matters connected therewith and incidental thereto PART IPRELIMINARY PROVISIONS 1. Short title This Act may be cited as the Electronic Transactions and Cyber Security Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Malawi Communications Regulatory Authority established under section 3 of the Communications Act; “CCTLD” means the Country Code Top Level Domain which is at the top level of the internet domain name, system assigned according to the two letter codes in the international standards ISO3166–1 by ICANN; “certification authority” means a trusted third party organization or company licensed or authorized by the Authority to issue digital certificates used to create digital signatures and public-private key pairs; “child…

CHAPTER 39:01NATIONAL PLANNING COMMISSION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE NATIONAL PLANNING COMMISSION 3. Establishment of National Planning Commission 4. Board of the Commission 5. Tenure of office 6. Vacancies 7. Committees of the Board 8. Allowances and expenses 9. Independence of the Commission 10. Functions of the Commission 11. Powers of the Commission 12. Approval of plans and strategies 13. Meetings 14. Personal attendance of meetings 15. Disclosure of interest 16. Oath of secrecy 17. Protection from liability PART IIIADMINISTRATION 18. Secretariat 19. Director General 20. Duties and responsibilities of Director General 21. Removal of Director General 22. Secretary to the Commission 23. Other staff of the Commission PART IVFINANCIAL PROVISIONS 24. Funds of the Commission 25. Accounting and audit PART VMISCELLANEOUS 26. Duty to cooperate 27. Offences 28. Obstruction: an offence 29. Annual reports 30. Powers of the Minister Schedule 12 of 2017G.N. 22/2017 An Act to provide for the establishment of the National Planning Commission and matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the National Planning Commission Act. 2. Interpretation In this Act, unless the context otherwise requires— “chairperson” means the chairperson of the Board of the Commission appointed under section 4 of this Act; “Commission” means the National Planning Commission established under section 3 of this Act; “committee” means a committee of the Board of the Commission established under section 7 of this Act; “Director General” means the Director General appointed under section 19 of this Act; and “member” means a member of the Board of the Commission appointed under section 4 (1) of this Act. PART IITHE NATIONAL PLANNING COMMISSION 3. Establishment of National Planning Commission There is hereby established a Commission to be known as the National Planning Commission (hereinafter referred to as “the Commission”) which shall be a body corporate with perpetual succession and a common seal and be capable of— (a) acquiring, holding and disposing of real and personal property; (b) suing and being sued in its own name; and (c) doing or performing all such acts and things as bodies corporate may by law do or perform. 4. Board of the Commission (1) The Board of the Commission shall consist of— (a) a chairperson appointed by the President; (b) five other members appointed by the President in consultation with relevant professional and other bodies; and (c) the Secretary responsible for planning and development. (2) The appointment of members of the Board of the Commission under subsections (1) (a) and (b) shall be confirmed by the Public Appointments Committee of the National Assembly. (3) A member of the Board of the Commission, other than the ex officio member shall not, by reason only of his appointment as a member of the Board of the Commission, be deemed to be an employee in the public service. (4) The Minister shall publish names of all members of the Commission, as first constituted, and every change in the membership, in the Gazette. (5) A person, other than an ex officio member shall not be qualified for appointment as a member of the Board of the Commission if he— (a) does not possess— (i) a minimum educational qualification of a master’s degree or its equivalent obtained subsequent to a bachelor’s degree from a recognized and reputable educational institution; and (ii) expertize and experience in a field relevant to the functions and responsibilities of the Commission; (b) holds a political office or is an active member of a political party; (c) is an officer, member or employee in a public institution; (d) is adjudged or declared bankrupt; and (e) would for any other reason be disqualified by law from serving as a director of a company or as trustee. (6) The Commission may, where necessary taking into account the nature of the matter to be deliberated, invite any person to attend a meeting of the Commission or any of its committees and participate in the deliberations or to make a presentation or to be asked questions, on any matter, but the person so invited shall not be entitled to vote. (7) The Secretary responsible for planning and development shall be the deputy chairperson of the Commission. (8) At least three members of the Commission appointed under section 4 (1) shall be women. 5. Tenure of office (1) A member of the Board of the Commission, other than an ex officio member shall hold office for a period of five years and shall be eligible for re-appointment for a further and final term of five years. (2) When making an appointment after the expiry of five years, the President shall have regard to the need for continuity in the membership of the Board of the Commission so that at least half…

CHAPTER 49:03COPYRIGHT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IITHE COPYRIGHT SOCIETY OF MALAWI 4. Establishment of a Copyright Society of Malawi 5. Functions of the Society 6. Powers of the Society 7. Board of the Society 8. Vacation, etc., of members from office 9. Filling of vacancies in the Board 10. Co-opted persons 11. Chairperson and Vice-Chairperson 12. Meetings of the Board 13. Remuneration and expenses of the Board of the Society 14. Copyright Administrator 15. Tenure of office of the Copyright Administrator 16. Powers and functions of the Copyright Administrator 17. Other staff of the Society 18. Disclosure of conflict of interest 19. Confidentiality 20. Oath of secrecy 21. Delegation of powers 22. Funds of the Society 23. Accounts and audit 24. Annual report PART IIICOPYRIGHT 25. Copyright 26. Eligibility for copyright 27. Derivative 28. Works not subject to copyright protection 29. Economic rights 30. Moral rights 31. Right to share in proceeds of sale 32. Alteration of buildings and objects for practical use 33. Ownership of copyright 34. Works by employed authors and commissioned works 35. Duration of copyright PART IVPERMITTED FREE USES OF WORKS 36. Permitted free uses of a work 37. Transient and incidental copies 38. Reproduction, etc., of a work for user’s private use 39. Inclusion of quotations 40. Critical or scientific presentations, artistic works and literary works 41. Use of a work by way of illustration 42. Public performance of a work and public display of copies of a work 43. Simultaneous and unaltered cable transmission of a work broadcast 44. Reproduction in the press, etc., of articles on current topics 45. Reporting on current events 46. Photography, cinematography, drawings, etc. 47. Artistic work forming part of a collection 48. Libraries, archives, museums, scientific and educational institutions 49. Reproduction of a work for people with disabilities 50. Reproduction in the press 51. Recordings by a broadcasting organization of its own broadcasts 52. Use of a computer programme 53. Evidence in administrative or judicial proceedings PART VTRANSFER OF COPYRIGHT 54. Transferability of copyright 55. Contracts for authorization of use of rights under this Act 56. Publishing contracts 57. Commissioned work PART VILICENCES 58. Extended collective licences 59. Compulsory licence for public examinations 60. Compulsory translation licence 61. Conditions of a compulsory translation licence 62. Translation licence for broadcasting purposes 63. Compulsory reproduction licence 64. Conditions of a compulsory reproduction licence 65. Compulsory reproduction licence for audio-visual works 66. Production of recording of musical works PART VIIEXPRESSIONS OF FOLKLORE 67. Right in expressions of folklore to vest in Government 68. Certain uses of expressions of folklore to be subject to authorization 69. Free uses of expressions of folklore 70. Source of expressions of folklore to be acknowledged 71. Authorization for use of expressions of folklore 72. Non-hindrance of development of folklore 73. Protection under this Part is additional PART VIIIPERFORMERS, PRODUCERS OF SOUND RECORDINGS, BROADCASTERS AND PUBLISHERS 74. Rights of performers, etc., of sound recordings and publishers not to affect copyright 75. Exclusive rights of performers 76. Moral rights of performers 77. Granting of authorization by performers 78. Exclusive rights of producers of sound recordings or audio-visual fixations 79. Obligations of producers 80. Remuneration for public performance of sound recordings or audio-visual fixations 81. Exclusive rights of broadcasting organizations 82. Rights in typographical arrangements 83. Exceptions to certain provisions under this Part PART IXPUBLIC DOMAIN 84. Works and related subject matter in the public domain PART XTECHNOLOGICAL MEASURES AND RIGHTS MANAGEMENT INFORMATION 85. Technological measures 86. Use of works, etc., when effective technological measures are employed 87. Electronic rights management PART XIINFRINGEMENT OF COPYRIGHT OR RELATED RIGHTS 88. Infringement of copyright 89. Infringement of performers’ rights 90. Infringement of rights of producers of sound recordings 91. Infringement by parallel imports 92. Infringement of broadcasting organizations’ rights 93. Infringement of publishers’ rights in typographical arrangements PART XIIINSPECTION 94. Inspectors 95. Entry into premises 96. Mode of inspection 97. Inspectors not personally liable PART XIIITHE COPYRIGHT FUND 98. Establishment of the Copyright Fund 99. Objectives of the Fund 100. Vesting of the Fund 101. Financing of the Fund 102. Levy on storage devices 103. Levy on public sale of original works of art 104. Levy on copy shops etc. 105. Obligation to pay levies independent 106. Determination of the levies 107. Utilization of the Fund 108. Access to accounts 109. Books and other records of accounts 110. Financial year of the Fund PART XIVCOURT PROCEEDINGS, ADMINISTRATIVE PROCEEDINGS AND PENALTIES 111. Liabilities of members of companies, etc. 112. Administrative penalties 113. Offence and penalties 114. Compensation to victims of offence 115. Forfeiture as an additional penalty 116. Proof of facts in proceedings PART XVMISCELLANEOUS PROVISIONS 117. Extension of the application of Act 118. Application of this Act to satellite broadcast 119.…

CHAPTER 7:07FINANCIAL CRIMES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 2A. Application of Part VI and VII PART IITHE FINANCIAL INTELLIGENCE AUTHORITY 3. Establishment of Financial Intelligence Authority 4. Functions of the Authority 5. Powers of the Authority 6. Appointment and qualifications of Director General 7. Recruitment process of Director General 8. Vacation from office of Director General 9. Appointment of Deputy Director General and other staff of the Authority 10. Disclosure of information 11. Immunity of the Authority and officials 12. Funds of the Authority 13. Annual budget 14. Accounts and audit 15. Annual or other reports PART IIIREPORTING OBLIGATIONS 16. Verification of customers’ identity 17. Reliance on intermediaries or third parties 18. Insurance companies to identify and verify beneficiaries 19. Customer’s failure to produce evidence of identity 20. Maintenance of accounts in true name 21. Risk-based approach 22. Establishment and maintenance of customers’ records 23. Reporting suspicious transactions 24. Disclosure of suspicious transaction reports and other information 25. Protection of identity of persons and information in suspicious transaction reports 26. Protection of persons reporting suspicious transactions 27. Compliance officer and internal reporting procedures 28. Inclusion of originator information 29. Monitoring transactions and ongoing due diligence 30. Correspondent banking 31. Foreign branches, subsidiaries or head office 32. Secrecy obligations overridden 33. Other reports 34. Penalties and sanctions PART IVSUPERVISORY AUTHORITIES 35. Supervisory duties of the Authority 36. Duties of supervisory authorities 37. Supervisory authority or external auditor to report suspicious transactions 38. Duties of self-regulatory bodies 39. Self-regulatory bodies to report suspicious transactions to the Authority PART VOFFENCES 40. Extra-territorial application 41. False or misleading statements 42. Money laundering 43. Terrorist financing 44. Other terrorist financing offences 45. General penalty for financial crimes 46. Financing of proliferation of weapons of mass destruction 47. Dealing in terrorist property 48. Confiscation and compensation on conviction 49. Confiscation order on conviction 50. Effects of confiscation order on conviction 51. Pecuniary penalty order on conviction 52. Procedure for enforcement of fines 53. Confiscation where a person dies or absconds PART VICIVIL FORFEITURE, SEIZURE, DETENTION, FREEZING AND PRESERVATION OF ASSETS 54. Civil proceedings 55. Seizure and detention of suspicious imports or exports of currency 56. Seizure of currency or bearer negotiable instruments 57. Detention and release of currency or bearer negotiable instruments seized 58. Seizure of terrorist cash 59. Power of the Authority to obtain search warrant 60. Property tracing, tracking and monitoring orders 61. Orders to enforce compliance with obligations under this Act 62. Power of the Authority to issue restraining or asset freezing orders 63. Monitoring orders 64. Monitoring orders not to be disclosed 65. Preservation orders 66. Notice of preservation order to be given to persons with interest in the property 67. Duration of preservation orders 68. Seizure of property subject to preservation orders 69. Orders in respect of immovable property subject to preservation orders 70. Living expenses of a person with interest in property subject to preservation order 71. Variation or rescission of preservation order 72. Forfeiture of property subject to preservation order 73. Leave to serve notice out of time 74. Forfeiture orders 75. A person with an interest in property subject of forfeiture 76. Bona fide purchaser for sufficient consideration 77. Forfeiture order by default 78. Failure to serve notice of application for forfeiture 79. Status of orders pending appeal 80. Administrator to take possession of forfeited property 81. Disposal of forfeited property PART VIICONFISCATION OR FORFEITURE OF ASSETS GENERALLY 82. Voidable transfers 83. Protection of third parties 84. Discharge of confiscation order on appeal and quashing of conviction 85. Payment in lieu of a confiscation order 86. Rules of determining benefit and assessing value 87. Statements relating to benefit from commission of an offence 88. Amount recovered under pecuniary penalty order 89. Variation of pecuniary penalty order 90. Lifting the corporate veil 91. Enforcement of pecuniary penalty order 92. Discharge of pecuniary penalty order 93. Powers to search for and seize tainted property 94. Search warrant in relation to tainted property 95. Search in emergencies 96. Record of property seized 97. Return of seized property 98. Restitution of restrained property 99. Appointment of an administrator 100. Realization of property 101. Application of proceeds of realization and other sums 102. Paramountcy of this Act in bankruptcy or winding-up 103. Functions of a liquidator, etc. 104. Production orders 105. Evidential value of information 106. Failure to comply with a production order 107. Application for restraining orders 108. Restraining orders 109. Undertaking by Government 110. Registration of restraining order affecting land 111. Contravention of restraining order 112. Duration of restraining order 113. Review of restraining order 114. Extension of restraining order 115. Powers of search for and seize documents relevant to locating property 116. Search warrant for locating documents for locating property PART VIIIEXTRADITION AND MUTUAL…

CHAPTER 11:01INSOLVENCY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application of this Act PART IIADMINISTRATION OF THIS ACT 4. Director of Insolvency 5. Official Receiver 6. Office and name of Official Receiver 7. Vacation of office of Official Receiver 8. Register of insolvency practitioners 9. Conduct and performance of insolvency practitioners 10. Director may make application to Court 11. Disclosure to and consultation with, Director 12. Other registers to be kept by Director PART IIICOMPANY REORGANIZATION 13. Meaning of a company in reorganization 14. Objective of company reorganization 15. Administrator to be an officer of the Court 16. Appointment of an administrator 17. Conditions for making reorganization order 18. Application for a reorganization order 19. Powers of Court 20. Application by holder of qualifying security interest 21. Intervention by holder of a qualifying security interest 22. Application for reorganization order where company in liquidation 23. Effects of receivership 24. Dismissal of pending winding-up petition 25. Dismissal of receiver 26. Moratorium on insolvency proceedings 27. Moratorium on other legal processes 28. Interim moratorium 29. Publicity 30. Announcement of administrator’s appointment 31. Statement of company’s affairs 32. Prescribed period for submission of statement of affairs 33. Administrator’s proposals 34. Creditors’ meeting 35. Requirement for initial creditors’ meeting 36. Business and result of initial creditors’ meeting 37. Substantial revision after approval 38. Failure to obtain approval of administrator’s proposals 39. Further creditors’ meetings 40. Creditors’ committee 41. Correspondence instead of creditors’ meeting 42. General powers of administrator 43. Distribution 44. General duties of administrator 45. Administrator as agent of the company 46. Secured property: qualifying security interest 47. Secured property: non-qualifying security interest 48. Protection for secured or preferential creditor 49. Challenge to administrator’s conduct of company 50. Misfeasance 51. Automatic end of company reorganization 52. Court ending company reorganization on application of administrator 53. Termination of company reorganization where objective achieved 54. Court order ending company reorganization on application of creditor 55. Public interest winding-up of company in company reorganization 56. Moving from company reorganization to creditors’ voluntary winding-up 57. Moving from company reorganization to dissolution 58. Discharge of company reorganization order where company reorganization ends 59. Notice to Registrar of Companies where company reorganization ends 60. Resignation of administrator 61. Removal of administrator from office 62. Administrator ceasing to be qualified 63. Vacancy in office of administrator 64. Vacation of office: discharge from liability 65. Vacation of office: charges and liabilities 66. Multiple appointments 67. Joint administrators 68. Concurrent administrators 69. Joint or concurrent administrators 70. Presumption of validity 71. Majority decision of directors 72. Extension of time limit 73. Variation of period 74. Extended period PART IVRECEIVERSHIP 75. Appointment of receiver 76. Qualification of receiver 77. Appointment of receiver under instrument 78. Appointment of receiver by Court 79. Notice of appointment of receiver 80. Notice of receivership 81. Vacancy in office of receiver 82. Powers of receiver 83. Execution of documents 84. Obligations of company and directors 85. Validity of act of receiver 86. Consent of mortgagee to sale of property 87. General duties of receiver 88. First report by receiver 89. Further report by receiver 90. Extension of time for preparing reports 91. Persons entitled to receive reports 92. Duty to notify breaches of Acts 93. Notice of end of receivership 94. Preferential claims 95. Powers of receiver on liquidation 96. Liability of receiver 97. Relief from liability 98. Court supervision of receiver 99. Court may terminate or limit receivership 100. Order to enforce receiver’s duties 101. Order for protection of property in receivership 102. Refusal to provide essential service PART VWINDING-UP OF COMPANIES Division IWinding-Up of Other Bodies Corporate and Foreign Companies 103. Winding-up of other bodies corporate 104. Winding-up of foreign companies Division IIWinding-Up Generally 105. Modes of winding-up 106. Commencement of winding-up Division IIIWinding-Up by Court 107. Petition for winding-up 108. Preliminary costs 109. Power of Court on petition for winding-up 110. Proceedings against company 111. Property of company 112. Lodging and service of order 113. Appointment of provisional liquidator 114. Custody and vesting of company’s property 115. Statement of company’s affairs 116. Liquidator’s report 117. Principal duty of liquidator 118. Liquidator not required to act in certain cases 119. Other duties of liquidator 120. Powers of liquidator 121. Power of liquidator relating to documents and information 122. Document in possession of receiver 123. Document creating charge over property 124. Power of Court 125. Release of liquidator and dissolution of company 126. Liquidation committee in winding-up by Court 127. List of members 128. Liabilities of present and past shareholders 129. Death of member 130. Bankruptcy of member 131. Payment of debt due by contributory 132. Special manager 133. Receiver for secured creditors 134. Creditor’s claim 135. Power of arrest 136. Foreign companies 137. Pooling of assets of related companies 138. Guidelines…