Category: Principal Legislation

CHAPTER 46:03COMPANIES ARRANGEMENT OF SECTIONS PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE OFFICE OF THE REGISTRAR OF COMPANIES 3. Establishment of the office of the Registrar of Companies 4. Functions of the Registrar 5. Fees payable to the Registrar 6. Registration of documents 7. Power to require delivery by electronic means PART IIIREGISTERS 8. The Registers 9. Allocation of unique identifiers 10. Preservation of original documents and reconstitution of lost documents 11. Records relating to dissolved companies 12. Searches and evidence of a register 13. Material not available for public search 14. Form of application for search 15. Certification of copies as accurate 16. Registrar’s powers of inspection 17. Power to require compliance 18. Power to extend time for doing any required act 19. Removal of material from the register 20. Rectification of the register 21. Application to foreign companies 22. Arrangements with other agencies PART IVCORE COMPANY REQUIREMENTS Division ITypes of Companies 23. Private limited liability company 24. Public limited liability company 25. Company limited by guarantee 26. State owned companies Division IICompany Formation 27. Forming a company 28. Requirements for incorporation 29. Incorporation 30. Statement of capital 31. Certificate of incorporation 32. Legal effects of incorporation Division IIIThe Constitution of the Company 33. A company’s constitution and its effect 34. Power to adopt model constitution and default application of model constitution 35. Adoption, alteration and revocation of constitution 36. Constitutional documents to be provided to members 37. Right to participate in profits otherwise than as member is void Division IVCapacity, Powers and Validity of Acts 38. A company’s capacity and power of directors to bind the company 39. Validity of company actions 40. Dealings between a company and any other person 41. No constructive notice 42. Common seal 43. Official seal required for share certificates of public companies 44. Ratification of pre-incorporation contracts Division VCompany Names and Registered Office 45. Application for reservation of a name 46. Availability of name 47. Prohibited names and power of the Registrar to refuse a company name 48. Public limited company’s requirement to use plc 49. Private limited company’s requirement to use limited 50. Company limited by guarantee requirement to use limited 51. Provision of misleading information as to activities 52. Change of name 53. Direction to change name 54. Requirement to use company name 55. Requirement for company to have a current registered office in Malawi Division VIAlteration of Company Status by Re-Registration 56. Re-registration of public company as private company 57. Objection to resolution for a public company to be re-registered as a private company 58. Certificate of re-registration from a public to a private company 59. Re-registration of private company as a public company 60. Consideration for shares recently allotted to be valued 61. Certificate of re-registration from a private to a public company 62. Single member company changing status Division VIICore Requirements for Private Companies 63. Number of shareholders 64. Private company not permitted to make a public offer of securities 65. Exemption of a private company from the requirement to keep a register of shareholders 66. Exemption of a private company from the requirement to hold shareholders’ meetings 67. Exemption of a private company from the requirement to have a company seal 68. Exemption of a private company from the requirement to have a company secretary 69. Permitted transactions 70. Directors of private companies to comply with applicable corporate governance standards PART VSHAREHOLDERS AND THEIR RIGHTS 71. Meaning of “shareholder” 72. Liability of shareholders 73. Code of conduct for shareholders of private companies 74. Code of conduct for shareholders of all public companies 75. Subsidiary may not hold shares in holding company 76. Prohibition in section 75 not to apply where a subsidiary is acting as personal representative or trustee 77. Residual interest under pension scheme or employees’ share scheme to be disregarded for purposes of section 75 78. Employer’s rights of recovery under pension scheme or employees’ share scheme to be disregarded for purposes of section 75 79. Subsidiary acting as authorized intermediary in securities 80. Application of provisions to companies limited by guarantee 81. Application of this Part to nominees acting on behalf of a subsidiary PART VITHE SHARES OF A COMPANY Division ILegal Nature, Types of Shares and Related Particulars 82. Legal nature of shares 83. Classification of shares 84. Preferences, rights and limitations in respect of shares 85. Statement of rights to be given to shareholders 86. Transferability of shares 87. No par or nominal value shares 88. Numbering of shares 89. Issue of shares 90. Alteration in number of shares 91. Fractional shares 92. Pre-emptive rights to new issues 93. Consideration for issue of shares 94. Shares not paid in cash 95. Calls on shares 96. Consent to issue shares 97. Time of issue of shares 98. Board may authorize…

CHAPTER 48:03PERSONAL PROPERTY SECURITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Scope of the Act PART IICREATION OF SECURITY INTERESTS 4. Effectiveness of security agreement 5. Standards of good faith and commercial reasonableness 6. Description of collateral in security agreement 7. Inadequate description of collateral as consumer goods 8. Description of proceeds not required for enforceability against third parties PART IIIPERFECTION OF SECURITY INTERESTS 9. Perfection of security interest 10. Continuity of perfection where perfected security interest subsequently perfected in another way PART IVCREATION AND PERFECTION OF SECURITY INTERESTS IN PARTICULAR KINDS OF PERSONAL PROPERTY 11. Security interests in after-acquired property 12. Creation of security interests in after-acquired property 13. Continuation of security interests in proceeds 14. Continuous perfection of security interest in proceeds 15. Temporary perfection of security interests in proceeds in other cases 16. Perfection where goods in hands of bailee 17. Security interests in crops 18. Temporary perfection of security interest in negotiable instrument or investment security returned to debtor 19. Temporary perfection of security interest in negotiable document of title or goods returned to debtor PART VPRIORITY BETWEEN SECURITY INTERESTS 20. Priority of security interests in same collateral when Act provides no other way of determining priority 21. Original method of perfection applies to continuously perfected security interest 22. Priority in original collateral to continue in proceeds 23. Transfer of security interests does not affect priority 24. Voluntary subordination of security interests 25. Priority of security interest applies to all advances 26. Priority of purchase money security interest in collateral or its proceeds, other than inventory or intangibles 27. Priority of purchase money security interest in inventory or its proceeds 28. Priority of purchase money security interest in intangibles or its proceeds 29. Non-proceeds security interest in accounts receivable 30. Priority between purchase money security interests in goods or their proceeds taken by seller 31. Priority between purchase money security interests in same goods or their proceeds not taken by seller 32. Security interests in accessions 33. Priority of security interest in goods before they become accessions 34. Continuation of security interests in goods that become part of processed or commingled goods 35. Limit on value of priority of goods that become part of processed or commingled goods 36. Priority where more than one security interest continues in processed or commingled goods 37. Priority of purchase money security interest in goods that continues in processed or commingled goods 38. Rights of debtor may be transferred 39. General priority of security interest in transferred collateral over security interests granted by transferee 40. Transfer of debtor’s interest in collateral with prior consent of secured party PART VISPECIAL PRIORITY RULES 41. Lien has priority over security interest relating to same goods 42. When holder of money takes money free of perfected security interest in money 43. Priority of creditor who receives payment of debt 44. Priority of purchaser of negotiable instrument, document of title, chattel paper and security certificate 45. Priority of interests on assignment of account receivable or non-negotiable chattel paper 46. Execution creditor has priority over unperfected security interest 47. Buyer or lessee of collateral takes collateral free of unperfected security interests 48. Buyer or lessee of goods sold or leased in ordinary course of business takes goods free of certain security interests PART VIIPERSONAL PROPERTY SECURITIES REGISTRY 49. Establishment of a Personal Property Security Registry 50. Appointment of Registrar 51. Registrar may refuse to provide certain services relating to Registry 52. Person may register financing statement 53. Data required to register financing statement 54. Identification of debtor in financing statement 55. Identification of secured party in financing statement 56. When financing statement not to be registered 57. When financing statement to be registered 58. Registration of financing statement not to constitute notice or knowledge 59. Verification statement to be forwarded to person who registered financing statement 60. When financing statement may be registered 61. Authorization to register financing statement 62. Financing statement may relate to one or more security agreements 63. When secured party to notify debtor about registration of financing statement 64. Registration of financing statement invalid only if seriously misleading 65. When financing statement seriously misleading 66. Proof that person actually misled not necessary 67. Validity of registration when description of part of collateral is incorrect 68. Duration of registration of financing statement 69. Renewal of registration 70. Registration of financing change statement in respect of transfer of security interest perfected by registration 71. Registration of financing change statement in respect of subordinated security interest 72. Voluntary amendment to, or discharges of, registration of financing statement 73. Discharge of registration relating only to consumer goods 74. When debtor may demand registration of financing change statement 75. Matters that may be required by demand 76. Procedure for non-compliance with demand 77.…

CHAPTER 7:06TRAFFICKING IN PERSONS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Scope of application PART IIADMINISTRATION 4. National Coordination Committee against Trafficking in Persons 5. Composition of the Committee 6. Chairperson of the Committee 7. Tenure of office 8. Functions and powers of the Committee 9. Duties of the Committee 10. Meetings of the Committee 11. Allowances on Committee 12. Procedure 13. Minutes of the Committee PART IIIOFFENCES 14. Trafficking in persons 15. Trafficking in children 16. Aggravated form of trafficking 17. Trafficking in persons an offence involving dishonesty and moral turpitude 18. Prohibition against working with children 19. Court to order closure of an establishment 20. Benefiting from exploitation of trafficked persons 21. Attempts, aiding or abetting to commit an offence 22. Duty to report 23. Liability of legal person 24. Carrier liability 25. Other acts that promote or facilitate trafficking PART IVINVESTIGATION AND CRIMINAL PROCEEDINGS 26. Designation of enforcement officers 27. Powers of enforcement officer 28. Duties of enforcement officer 29. Identification of enforcement officers 30. Arrest by person who is not a police officer 31. Records 32. Search and seizure 33. Search and seizure without warrant 34. List of seized items 35. Access to electronic data 36. Burden of proof 37. Confiscation 38. Disposal of confiscated property 39. Acquittal and assets 40. Right to institute civil action 41. Obstruction 42. Immunity of trafficked person PART VCARE AND PROTECTION 43. Appointment of protection officers 44. Duties of protection officer 45. Shelters PART VIWITNESS PROTECTION 46. Restriction on disclosure 47. Witness protection 48. Application for protection 49. Confidentiality PART VIIFINANCIAL PROVISIONS 50. Funding of the Committee 51. Anti-Trafficking Fund 52. Purpose of the Fund 53. Management of the Fund 54. Accounts and Audit 55. Financial year 56. Annual report PART VIIIMISCELLANEOUS 57. General Penalty 58. Amendment of Schedule 59. Regulations FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 3 of 2015G.N. 39/2015 An Act to make provision for the prevention and elimination of trafficking in persons; to provide for the establishment of the National Coordination Committee against Trafficking in Persons for the coordination and management of matters related to trafficking in persons; and to provide for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Trafficking in Persons Act. 2. Interpretation In this Act, unless the context otherwise requires— “AIDS” means Acquired Immune Deficiency Syndrome; “child” means a person below the age of eighteen years; “Committee” means the National Coordination Committee against Trafficking in Persons established under section 4; “exploitation” includes— (a) forced labour or any extraction of work or services from a person; (b) the forced participation of a person in all forms of commercial sexual activity such as prostitution, sexually-explicit performance, or in the production of pornography; (c) the removal of body parts or the extraction of organs or tissue; or (d) any other practice in terms of which it cannot be said that the person participated willingly; “Fund” means the Anti-Trafficking Fund established under section 51; “HIV” means the Human Immuno-deficiency Virus which causes AIDS; “organized criminal group” means a group of two or more persons, existing for a period of time and acting in concert with the aim of committing an offence under this Act; “relative” means— (a) a parent, step parent, foster parent, grand parent, sibling, guardian or any person who has legal custody over the child or to whom the child is a dependent; or (b) at the time the offence under the Act is committed, a person who is living with the child as a member of that person’s family or was under the person’s family care and protection; “substantial health risk” means— (a) infection with— (i) HIV; (ii) a sexually transmitted disease; or (iii) any other highly contagious or infectious disease; (b) any medical condition, occasioned as a result of the exploitation; “trafficked person” means a person or child who has suffered harm, including mental and physical injury, emotional suffering, economic loss or substantial impairment of the persons fundamental human rights through acts that contravene sections 14 and 15; “trafficking in persons” means recruiting, transporting, transferring, harbouring, receiving or obtaining a person, within or beyond the territory of Malawi, through— (a) threats or use of force or coercion; (b) abduction; (c) fraud or deception; (d) abuse or threats of abuse of power or position; (e) abuse or threats of abuse of position of vulnerability; (f) abuse or threats of abuse of the law or legal process; or (g) giving or receiving of payments to obtain consent of a person having control of the trafficked person, for the purpose of exploitation of that person. 3. Scope of application (1) This Act shall apply to a natural or legal person where the offence— (a) is committed wholly or partly within Malawi;…

CHAPTER 24:01NATIONAL REGISTRATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IINATIONAL REGISTRATION 3. Establishment of National Registration System 4. Appointment of Director and Deputy Director 5. Appointment of district registrars 6. Appointment of district registrars abroad 7. National register 8. Contents of national register 9. Registration 10. Registration requirement made through notice in the Gazette 11. Additional information 12. Processing a qualified application 13. Issue of identity card 14. Forms of identity card 15. Preservation of identity cards 16. Replacement of lost, damaged or destroyed identity cards 17. Identity card prima facie proof of contents of national register 18. Change in particulars relating to a registered person 19. Immaterial change 20. Material change 21. Updating photographs PART IIIREGISTRATION OF BIRTHS AND ADOPTED CHILDREN 22. Register of births to be kept in every district 23. Mode of registration of births 24. Duty to register births 25. Registration of birth after six weeks from birth 26. Exposed child 27. Change of name 28. Registration of an adopted child PART IVREGISTRATION OF MARRIAGES 29. Register of marriages to be kept in every district 30. Mode of registration of marriages 31. Duty to register marriages 32. Registration of marriage after three months from marriage PART VREGISTRATION OF DEATHS 33. Register of deaths to be kept in every district 34. Mode of registration of deaths 35. Duty to register death 36. Registration of deaths after six weeks from death PART VIRECORDS AND RETURNS OF BIRTHS, MARRIAGES AND DEATHS 37. Duties of Director in respect of births, etc. 38. Monthly and other returns 39. Indexes, searches and certified copies PART VIIMISCELLANEOUS PROVISIONS 40. Correction of errors in registers 41. Delivery of birth report, etc. 42. Offences and penalties 43. Forgery, false information and undue influence 44. Secrecy 45. Evidence 46. Immunity 47. Regulations 48. Repeal and savings 13 of 2010G.N. 18/2015 An Act to provide for the registration of persons and registration of births, marriages and deaths of persons and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the National Registration Act. 2. Interpretation In this Act, unless the context otherwise requires— “authorized person” means any person or class of persons prescribed by the Minister; “birth report” means a report of birth containing the prescribed particulars and made in the prescribed form; “death report” means a report of death containing the prescribed particulars and made in the prescribed form; “district register” means the register maintained by each district registrar; “Director” means the Director of National Registration appointed under section 4; “identity card” means an identity card issued in accordance with the provisions of this Act; “marriage report” means a report of marriage containing the prescribed particulars and made in the prescribed form; “national register” means the register maintained by the Director under section 7; “prescribed particulars” means— (a) as to any birth, the sex, name, date and place of birth, the names, residence, occupations and nationality of the parents and such other particulars as the Minister may prescribe; (b) as to any marriage, the names, nationality, conditions, occupations, ages, dwelling or place of abode of the bride groom and bride and such other particulars as the Minister may prescribe; and (c) as to any death, the name, age, sex, place of residence, length of residence in Malawi, occupation and nationality of the deceased and the date, place and cause of death, and such other particulars as the Minister may prescribe; “registered person” means a person registered under section 7 and section 9; “specified area” means an area declared as such by the Director in accordance with section 10. PART IINATIONAL REGISTRATION 3. Establishment of National Registration System (1) There shall be a National Registration System consisting of Population Register established under this Act. (2) The Population Register shall comprise the Births, Marriages and Deaths Registers recorded at the village, traditional authority, district and national levels. 4. Appointment of Director and Deputy Director There shall be a Director and Deputy Director of National Registration appointed by the Minister. 5. Appointment of district registrars (1) The Director may delegate any or all of his duties to be performed by a district registrar within the area of a district. (2) Every District Commissioner or Chief Executive, as the case may be, shall be the registrar for the District over which he has authority as a District Commissioner or Chief Executive, as the case may be: Provided that the Minister may appoint any other person to be the district registrar for a District, or a specified part of a district, in place of, or in addition to the District Commissioner or Chief Executive, as the case may be. 6. Appointment of district registrars abroad The Minister may appoint a diplomatic or consular officer…

CHAPTER 25:01MARRIAGE, DIVORCE AND FAMILY RELATIONS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IIGENERAL 4. Registrar of Marriages 5. Publication of list of registrars 6. Registrars to be provided with books of marriage certificates 7. Registration of marriages 8. Marriage Register Book 9. Correction of clerical errors in marriage certificates 10. Evidence of marriage 11. Minister to license places of worship to celebrate marriages 12. Marriages recognized under the Act 13. Marriage by repute or permanent cohabitation PART IIIESSENTIAL ELEMENTS OF MARRIAGE 14. Capacity to enter into a valid marriage 15. Marriages within prohibited degrees of kindred and affinity 16. Explanations to be given by a registrar PART IVPRELIMINARIES TO A CIVIL MARRIAGE 17. Declaration of marital status prior to marriage 18. Prohibition of polygamy in a civil marriage 19. Notice in a civil marriage 20. Signature of notice by person unable to write or understand the English language 21. Registrars to supply forms of notice 22. Notice to be entered in Marriage Notice Book and published 23. Publication of a marriage notice 24. Issue of a registrar’s permit in a civil marriage 25. Power of Minister to grant special licence to marry PART VPRELIMINARIES TO RELIGIOUS AND CUSTOMARY MARRIAGES 26. Marriages under this Part to accord with customs and rites of religious body, sect, denomination or ethnic groups 27. Notice of intention to marry 28. Issue of a registrar’s permit in a customary or religious marriage PART VIOBJECTIONS TO ALL MARRIAGES RECOGNIZED UNDER THE ACT 29. Marriage to take place within three months after date of notice 30. Caveat 31. Caveat to be referred to court 32. Compensation and costs for wrongful caveat PART VIICELEBRATION OF CIVIL MARRIAGE 33. Marriage in a registrar’s office 34. Oath to be administered in civil marriages 35. Marriage certificate to be signed 36. Marriage under special licence PART VIIICELEBRATION OF CUSTOMARY AND RELIGIOUS MARRIAGES 37. Application of Part V to marriages under this Part 38. Traditional Authority to register customary marriages 39. Marriage in a licensed place of worship 40. Oath to be administered in customary and religious marriages 41. Registrar not to celebrate marriage where there is impediment nor without permit 42. Customary or religious marriages under special licence 43. Register of customary or religious marriages 44. Entries to be made in marriage certificate 45. Signature to marriage certificate 46. Duplicate certificate to be sent to registrar 47. Marriage certificate to be registered PART IXRIGHTS AND OBLIGATIONS OF PARTIES TO A MARRIAGE 48. Right to consortium 49. Right to mutual marital confidences 50. Duty to maintain family PART XOFFENCES AND PENALTIES RELATING TO MARRIAGE 51. Polygamy and bigamy in a civil marriage 52. Marriage ceremony with a married person 53. Making false declarations in relation to marriage 54. Registrar unlawfully performing ceremony 55. Unlawful performance of ceremony by person not legally competent 56. Willful neglect of duty to fill up or transmit certificate of marriage 57. Personation in marriage 58. Fictitious marriage PART XIDIVORCE, JUDICIAL SEPARATION AND NULLITY OF MARRIAGE 59. General principles 60. Limitations of this Act 61. Divorce and judicial separation 62. Rape during judicial separation 63. Irretrievable breakdown of marriage 64. Evidence of breakdown of marriage 65. Circumstances in which decrees may be made 66. Arrangements for the future in case of divorce or judicial separation 67. Rebuttable presumption of condonation of adultery 68. Co-respondent 69. Duty of the court on the presentation of a petition for divorce 70. Proceedings for decree of presumption of death and dissolution of marriage 71. Distribution of property during judicial separation 72. Petition to reverse decree of judicial separation 73. Divorce proceedings after grant of judicial separation 74. Distribution of property upon dissolution of marriage 75. Effect of reversal or discharge of judicial separation or protection order 76. Costs against a co-respondent 77. Grounds for decree of nullity PART XIIGENERAL PROCEDURE ON DIVORCE, JUDICIAL SEPARATION AND NULLITY OF MARRIAGE 78. Petitions 79. Service of petition 80. Examination of witnesses 81. Husband and wife compellable witnesses 82. Sittings in camera 83. Adjournment 84. Making decree nisi absolute 85. Enforcement of orders for payment of money 86. Re-marriage of the parties 87. Rules of court PART XIIIMAINTENANCE DURING SUBSISTENCE OF MARRIAGE 88. Maintenance during subsistence of marriage 89. Spouse may apply for order 90. Notifiable family misconduct PART XIVMAINTENANCE FOLLOWING DIVORCE, JUDICIAL SEPARATION AND NULLITY OF MARRIAGE 91. Maintenance pending the suit 92. Permanent maintenance 93. Discharge or alteration of order for maintenance 94. Power to vary settlements 95. Welfare of children PART XVMAINTENANCE OF SINGLE PREGNANT WOMAN 96. Maintenance during pregnancy of a single woman PART XVIGENERAL PROVISIONS ON MAINTENANCE 97. Powers of the courts to make orders 98. Court may vary or discharge orders 99. Mode of maintenance payments 100. Order for accommodation 101. Address to…

CHAPTER 30:14HIGHER EDUCATION STUDENTS’ LOANS AND GRANTS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF HIGHER EDUCATION STUDENTS’ LOANS AND GRANTS BOARD 3. Establishment of the Board 4. Functions and powers of the Board 5. Composition of the Board 6. Tenure of office and vacancies 7. Committees of the Board 8. Meetings of the Board 9. Invited persons 10. Disclosure of interest 11. Non-liability of members 12. Allowances and expenses of members 13. Reporting and policy direction 14. Delegation of powers by the Board PART IIIMANAGEMENT OF THE BOARD 15. Executive Director and Deputy Executive Director of the Board 16. Termination of service of the Executive Director or Deputy Executive Director 17. Duties of the Executive Director 18. Appointment of other employees of the Board 19. Disciplinary authority PART IVESTABLISHMENT OF THE HIGHER EDUCATION STUDENTS’ LOANS AND GRANTS FUND 20. Establishment of the Fund 21. Revenue and expenditure of the Fund 22. Annual Estimates of the Fund 23. Accounts and audit of the Fund PART VGRANTING OF STUDENTS LOANS, STUDENTS GRANTS, ELIGIBILITY AND OBLIGATION 24. Eligibility for student loans or student grants 25. Provision of student loans or student grants 26. Conditions for providing student loans or student grants 27. Liabilities and obligations of a loan beneficiary 28. Failure to repay a student loan 29. Responsibilities of an employer 30. Penalty for failure to notify the Board and for delayed remittance 31. Obligations of a guarantor 32. Waiver or deferment of student loan repayment PART VIFINANCIAL PROVISIONS 33. Annual estimates 34. Accounts and Audit PART VIIMISCELLANEOUS PROVISIONS 35. Laying of reports before the National Assembly 36. Oath of Secrecy 37. Confidentiality 38. Regulations SCHEDULE 2 of 2015G.N. 11/2015 An Act to make provision for the establishment of the Higher Education Students’ Loans and Grants Board; for the establishment of the Higher Education Students’ Loans and Grants Fund; for the procedure and criteria for granting student loans and student grants; and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Higher Education Students’ Loans and Grants Act. 2. Interpretation In this Act, unless the context otherwise requires— “accredited institution” means an institution of higher education in Malawi which is accredited under the National Council for Higher Education Act; “Board” means the Higher Education Students’ Loans and Grants Board established under section 3; “Chairperson” means the Chairperson of the Board appointed pursuant to section 5, and includes any person acting in that capacity; “committee” means a committee of the Board; “eligible student” means a student who is eligible to receive a student loan or a student grant under this Act; “employer” means an employer of a loan beneficiary and includes the Government; “Executive Director” means the Executive Director of the Board appointed under section 15; “Fund” means the Higher Education Students’ Loans and Grants Fund established under section 20; “grant beneficiary” means a student who has received a student grant under this Act; “higher education” means the education provided at the level of Degree or Advanced Diploma; “loan beneficiary” means a student who has been granted a student loan under this Act; “member” means a member of the Board or of a committee of the Board and includes a member’s designated representative; “student” means any person admitted to an accredited institution; “student grant” means money awarded to a student by Government to enable the student to meet all or any of the students’ cost of higher education with no requirement for the student to repay the money to Government; and “student loan” means money awarded to a student by Government to enable the student to meet all or any of the students’ costs of higher education and which the student will be required to pay back to Government. PART IIESTABLISHMENT OF HIGHER EDUCATION STUDENTS’ LOAN AND GRANTS BOARD 3. Establishment of the Board There is hereby established a Board to be known as the Higher Education Students’ Loans and Grants Board (in this Act hereinafter referred to as the “Board”) which shall— (a) be a body corporate with perpetual succession and a common seal; and (b) be capable of doing all such other things or acts which may lawfully be done or performed by a body corporate. 4. Functions and powers of the Board The functions and powers of the Board shall be to— (a) control and manage the Fund; (b) receive and consider applications for student loans and student grants from students; (c) determine the maximum number of eligible students to be granted student loans and student grants in any one particular year; (d) administer and supervise the process of payment of student loans and student grants, and repayment of student loans; (e) keep a register and other records of loan beneficiaries and grant beneficiaries;…

CHAPTER 1:04PUBLIC OFFICERS (DECLARATION OF ASSETS, LIABILITIES AND BUSINESS INTERESTS) ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIOBJECTIVE AND GUIDING PRINCIPLES OF ETHICAL CONDUCT 3. Objective of the Act 4. Principles of ethical conduct 5. Duty to submit declarations under the Act PART IIIOFFICE OF THE DIRECTOR OF PUBLIC OFFICERS’ DECLARATIONS 6. Establishment of the Office of the Director of Public Officers’ Declarations 7. Appointment of the Director and the Deputy Director 8. Removal from office of the Director and the Deputy Director 9. Acting Director 10. Appointment of other officers and staff 11. Functions of the Director 12. Powers of the Director 13. Monitoring Committee to monitor functions and powers of the Director PART IVCONTENTS OF DECLARATIONS, PROCEDURE AND PUBLIC ACCESS TO DECLARATIONS 14. Submission of declarations 15. Information to be specified in declarations 16. Retention of declarations 17. Public access to declarations PART VGENERAL 18. Offences 19. Disqualification from public office and reference for investigation 20. Whistleblowers 21. Penalties for disclosing identity of whistleblowers 22. False information by whistleblowers 23. Expenditure in connexion with the function of the office of the Director 24. Regulations 25. Transitional provisions SCHEDULES 22 of 2013G.N. 24/2014 An Act to make provision for the declaration of assets, liabilities and business interests by certain public officers and for connected matters PART IPRELIMINARY 1. Short title This Act may be cited as the Public Officers (Declaration of Assets, Liabilities and Business Interests) Act. 2. Interpretation In this Act, unless the context otherwise requires— “agent” means any person who acts for, or on behalf of, or in the name of, a public officer, and includes a trustee, an administrator or an executor; “assets” means holdings of value, whether tangible or intangible, movable or immovable, including cash, property, goods, savings, investments, equipment, as well as other quantities possibly having no market value, pre-paid expenses, or goodwill; “business interests” means participation with any individual in a commercial enterprise or venture, or participation in any association, institution, organization or entity, whether of a commercial nature or otherwise, regardless of whether a pecuniary benefit or other assets are derived from such participation; “close associate” means any person, whether related or unrelated by blood or marriage, who holds or will hold any financial interest, or any power, for or on behalf of a public officer; “declaration” means a declaration of assets, liabilities and business interests in accordance with this Act; “liabilities” means a present obligation of the public officer, his or her spouse or member of his or her immediate family arising from past events the settlement of which is expected to result in an outflow from the public officer, his or her spouse or member of his or her immediate family, of resources embodying tangible or intangible benefits; “member of immediate family”, in relation to a public officer, includes the public officer’s spouse, any biological or adoptive child who is below the age of eighteen or any biological or adoptive child whose means of support is wholly or partially from a public officer, irrespective of age; “Monitoring Committee” means the Monitoring Committee of Parliament established under section 213 (4) of the Constitution; “Public Appointments Committee” means the Public Appointments Committee of Parliament established under section 56 (7) of the Constitution; “public officer” means any person who is a member of, or an employee of, the Government, a statutory body or any other body appointed by the Government, whether his or her membership or his or her employment is temporary, whole or part-time, paid or unpaid. PART IIOBJECTIVE AND GUIDING PRINCIPLES OF ETHICAL CONDUCT 3. Objective of the Act The objective of the Act is to promote public confidence in the public service, including in the offices of public and elected officials. 4. Principles of ethical conduct (1) The guiding principles of the Act are integrity, honesty, accountability, responsibility, fairness, transparency, rule of law, professionalism and impartiality of public officers. (2) In furtherance of the guiding principles of this Act, every public officer shall— (a) not use his or her office for personal enrichment or to improperly enrich others; (b) to the best of his or her ability, avoid being in a position in which his or her personal interests conflict with his or her public duties; (c) avoid any activity that is inconsistent with his or her public functions; (d) not misuse or misappropriate public property entrusted to his or her care; (e) not be permitted to concurrently receive remuneration for the performance of his or her duties as a public officer and remuneration for the performance of private employment or of business or entrepreneurial activities, unless he or she makes a full disclosure of all outside employment, business interests or entrepreneurial activities: Provided that no actual or potential conflict exists between the public officer’s…

CHAPTER 25:06GENDER EQUALITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Scope of application 3. Interpretation PART IISEX DISCRIMINATION 4. Prohibition of sex discrimination 5. Prohibition of harmful practices 6. Sexual harassment 7. Workplace policy for sexual harassment PART IIIENFORCEMENT 8. Enforcement by the Human Rights Commission 9. Powers of the Human Rights Commission in relation to gender equality 10. Duties of the Human Rights Commission in relation to gender equality PART IVEMPLOYMENT IN THE PUBLIC SERVICE 11. Quotas in the public service 12. Compliance order 13. Transparency in recruitment in the public service PART VEDUCATION AND TRAINING 14. Equality in access to education and training 15. Equal access to scholarships, etc. 16. Tertiary education institutions 17. Exception for single sex establishments 18. General duties in relation to curriculum PART VISEXUAL AND REPRODUCTIVE HEALTH RIGHTS 19. Right to sexual and reproductive health 20. Duties of health officers in respect to sexual and reproductive health PART VIICIVIC AWARENESS 21. Civic awareness PART VIIIMISCELLANEOUS 22. Powers of the Chief Justice 23. Regulations 3 of 2013G.N. 9/2014 An Act to promote gender equality, equal integration, influence, empowerment, dignity and opportunities, for men and women in all functions of society, to prohibit and provide redress for sex discrimination, harmful practices and sexual harassment, to provide for public awareness on promotion of gender equality, and to provide for connected matters PART IPRELIMINARY 1. Short title This Act may be cited as the Gender Equality Act. 2. Scope of application (1) Except where it is otherwise expressly provided for by any written law, this Act applies to all persons and to all matters. (2) This Act binds the Government. 3. Interpretation In this Act, unless the context otherwise requires— “appointing or recruiting authority” means a public office in whose power the decision to appoint or recruit any person lies; “educational institution” means a school, college, university or other institution at which education or training is provided; “harmful practice” means a social, cultural, or religious practice which, on account of sex, gender or marital status, does or is likely to— (a) undermine the dignity, health or liberty of any person; or (b) result in physical, sexual, emotional, or psychological harm to any person; and “public institution” means an institution that is part of the public service within the meaning of “public service” under the Public Service Act. PART IISEX DISCRIMINATION 4. Prohibition of sex discrimination (1) A person shall not— (a) treat another person less favourably than he or she would treat a person of his or her own sex; or (b) apply to the other person an exclusion, distinction or restriction which applies or would apply equally to both sexes but— (i) which is such that the proportion of one sex who can comply with it is considerably smaller than the proportion of the opposite sex who can comply with it; (ii) which he or she cannot show to be justifiable irrespective of the sex of the person to whom it is applied; and (iii) which is to the detriment of the other person because he or she cannot comply with it, with the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of the rights and fundamental freedoms of that person. (2) A person who contravenes subsection (1) commits an offence and is liable to a fine of K1,000,000 and to a term of imprisonment for five years. 5. Prohibition of harmful practices (1) A person shall not commit, engage in, subject another person to, or encourage the commission of any harmful practice. (2) Any person who contravenes this section commits an offence and is liable to a fine of K1,000,000 and to a term of imprisonment for five years. 6. Sexual harassment (1) A person commits an act of sexual harassment if he or she engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. (2) A person who sexually harasses another in terms of subsection (1) commits an offence and is liable to a fine of K1,000,000 and to a term of imprisonment for five years. 7. Workplace policy for sexual harassment (1) The Government shall take active measures to ensure that employers have developed and are implementing appropriate policy and procedures aimed at eliminating sexual harassment in the workplace which shall— (a) entitle all persons who have been subjected to sexual harassment in the workplace to raise a grievance about its occurrence and be guaranteed that appropriate disciplinary action shall be taken against perpetrators; (b) entitle a non-employee who has been subjected to sexual harassment to lodge a grievance with the employer of the perpetrator where…

CHAPTER 53:06PUBLIC ACCOUNTANTS AND AUDITORS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE MALAWI ACCOUNTANTS BOARD 3. Establishment of the Malawi Accountants Board 4. Appointment and membership of the Board 5. Disqualification from appointment to the Board 6. Vacation of office by members 7. Tenure of office 8. Chairman and Vice-Chairman of the Board 9. Meetings of the Board 10. Quorum and majority decisions 11. Committees of the Board 12. Reports to the Minister PART IIIFUNDS OF THE BOARD 13. Funds of the Board and keeping and audit of accounts 14. Non-liability of the Board 15. Remuneration and allowances of members PART IVFUNCTIONS, POWERS AND OBJECTIVES OF THE BOARD 16. General powers of the Board 17. Objectives of the Board 18. Maintenance of standards of examinations 19. Registered training contracts 20. Powers and duties of auditors 21. Information to be furnished by registered accountants PART VREGISTER AND REGISTRATION 22. Register of Chartered Accountants and Diplomate Accountants 23. Register to be open to inspection 24. Compulsory registration 25. Qualification for registration 26. General prohibition 27. Application for registration 28. Registration 29. Cancellation or suspension of registration 30. Restoration of registration PART VISECRETARIAT OF THE BOARD 31. Secretary and other staff of the Board 32. Disclosure of interest by employees, etc. 33. Oath of secrecy 34. Prohibition of publication or disclosure of information by unauthorized persons 35. Protection of employees PART VIIDISCIPLINE 36. Disciplinary proceedings 37. Review of disciplinary proceedings 38. Appeal to the Board against disciplinary action 39. Suspension of registered accountants who are mentally disabled PART VIIITHE INSTITUTE 40. Objectives of the Institute 41. Functions of the Institute 42. Powers of the Institute PART IXPRACTISING CERTIFICATE 43. Prohibition against practice without practising certificate 44. Application for practising certificate 45. Issue or refusal of practising certificate 46. Unregistered person prohibited from practising 47. Period of validity of practising certificate 48. Withdrawal of practising certificate 49. Surrender of withdrawn or invalid practising certificate PART XMISCELLANEOUS 50. Use of certain designations 51. Offences by unregistered persons 52. Offences and penalties 53. Exemptions 54. Appeals from decisions of the Board 55. Evidence 56. By-laws 57. Regulations 58. Compliance with the provisions of the Public Finance Management Act 59. Repeal and savings PART XITRANSITIONAL PROVISIONS 60. Saving of existing appointments and membership 61. Transfer of membership to professional accountancy bodies 62. Saving of existing programmes, students and qualifications 63. Transfer of employees 64. Transfer of assets, liabilities, etc. 5 of 2013G.N. 11/2014 An Act to provide for the establishment of the Malawi Accountants Board; for the registration of chartered accountants and diplomate accountants; and to make provision for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Public Accountants and Auditors Act. 2. Interpretation In this Act, unless the context otherwise requires— “audit” means an independent examination of financial statements by an auditor to enable him express an opinion on whether financial statements are prepared, in all material respects, in accordance with an identified financial reporting framework; “Board” means the Malawi Accountants Board established under section 3; “chartered accountant” means a person who is registered as a Chartered Accountant; “College” means the Malawi College of Accountancy established by the Education Act; “diplomate accountant” means a person who is registered as a Diplomate Accountant; “financial year” means the period of twelve months ending on 30th June of each year; “Institute” means the Institute of Chartered Accountants in Malawi incorporated under the Companies Act; “Member” means a member of the Board; “practising certificate” means a certificate issued by the Institute permitting the holder to carry on practice as a chartered accountant in public practice; “public practice” means the practice of a person who performs the functions of an accountant or auditor, and for that purpose, holds himself out as an accountant or auditor and places his services at the disposal of the public for reward, but does not include services which are substantially at the command of and for the exclusive use of any one person or of the Government; “registered trainee” means a person who is engaged under a registered training contract; “registered training contract” means a written contract accepted for registration pursuant to the provisions of section 19 (1) whereby a person engages to serve another for a specified period in order to receive training in the profession of a chartered accountant or diplomate accountant. PART IIESTABLISHMENT OF THE MALAWI ACCOUNTANTS BOARD 3. Establishment of the Malawi Accountants Board (1) There is hereby established a Board to be known as the Malawi Accountants Board. (2) The Board shall be a body corporate with perpetual succession, and a common seal, and with capacity, in its corporate name, to— (a) possess and own property, real or personal; (b) sue and be…

CHAPTER 65:04COTTON ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY PROVISIONS 1. Short title 2. Interpretation PART IITHE COTTON COUNCIL OF MALAWI 3. Establishment of the Cotton Council of Malawi 4. Composition of the Council 5. Vacation of members from office 6. Meetings of the Council 7. Disclosure of interest 8. Invited persons 9. Committees of the Council 10. Allowances and expenses of members 11. Functions of the Council 12. Powers of the Council 13. Policy directions to the Council 14. Research and Training Institute PART IIITHE SECRETARIAT 15. Establishment and composition of the Secretariat 16. Appointment of Executive Director and staff 17. Duties of the Executive Director 18. Cotton Inspectors 19. Duties of Cotton Inspectors PART IVCOTTON PRODUCTION 20. Varieties of cotton 21. Restriction on cotton seed importation, breeding and multiplication 22. Certified seeds grown 23. Reservation of cotton seeds 24. Distribution and planting of cotton seed 25. Power to prohibit movement of cotton seed 26. Declaration of quarantine area 27. Prevention of diseases 28. Destruction of infested cotton material 29. Authorized pesticides 30. Destruction of cotton plants 31. Exemption PART VREGULATION OF THE MARKETING AND PROCESSING OF COTTON 32. Registration to engage in marketing and processing of cotton 33. General offences and penalties 34. Replacement of a lost or destroyed registration PART VIMARKETING, LICENSING AND WAREHOUSING 35. Cotton marketing season 36. Grower to grade seed cotton 37. Determination of the grades of cotton 38. Prohibition against mixing different grades of seed cotton 39. Prohibition against inclusion of foreign materials and nesting 40. Restriction on cotton buying 41. Cotton buying licence 42. Production of licence by a buyer 43. Non-assignability of cotton licence 44. Cotton warehousing 45. Cotton buying posts 46. Purchase of seed cotton 47. Prices to be linked to world market 48. Conditions to be observed by cotton buyers 49. Inspection of premises and records 50. Records of transactions PART VIIGINNING AND BALING 51. Registration of a ginnery 52. Ginning licence 53. Conditions for ginning licence 54. Movement of seed cotton 55. Register of ginneries 56. Ginning licence not assignable 57. Duties of holder of ginning licence 58. Form of licences 59. Cancellation or suspension of a licence and appeal PART VIIIPURCHASE, SALE AND EXPORT OF COTTON LINT AND COTTON SEED 60. Sale or export of cotton lint and cotton seeds 61. Restriction on purchase and export of cotton PART IXFINANCIAL PROVISIONS 62. Funds of the Council 63. Application of funds of the Council 64. Investment of funds and borrowing powers 65. Powers to impose levy 66. Payment of levy 67. Establishment of the Cotton Development Fund 68. Audit of accounts 69. Report and accounts to be submitted to Minister 70. Financial year of the Council 71. Council to operate on sound financial principles PART XMISCELLANEOUS PROVISIONS 72. Immunity of members and employees of the Council 73. Government institutions and private companies and others, to cooperate with the Council 74. Fees 75. Regulations 76. Council to make rules 77. Administrative penalties 78. Offences by bodies corporate relating to state of mind 79. Offences by bodies corporate relating to liability of directors 80. Penalties for offences by bodies corporate 81. Penalties for continuing or subsequent offences 82. General penalty 83. Penalties for contravening regulations 84. Repeal and savings SCHEDULES 1 of 2013G.N. 7/2014 An Act to provide for the establishment of the Cotton Council; to provide for the regulation, improvement and development of the cotton industry and to provide for matters related thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Cotton Act. 2. Interpretation (1) In this Act, unless the context requires otherwise— “administrative penalty” means a penalty that may be imposed by the Council pursuant to section 77; “agro-inputs” include certified seeds, fertilizers, agro-chemicals and equipment necessary for the application of such agro-chemicals; “buyer” means any person who pays a grower money in exchange of ownership of seed cotton; “buying licence” means a buying licence issued under section 41; “contract farming” means a binding arrangement, whether written or oral between a grower and a buyer to produce and sell seed cotton under pre-agreed conditions; “cotton buyer” means a person licensed as such under this Act; “Cotton Development Fund” means the fund established pursuant to section 64; “cotton lint” means the fibrous component of ginned cotton; “cotton plant” means the growing plants, cuttings, buds and grafts, seeds, leaves, bolls or any portion of the cotton plant in a natural state; “cotton seed” means seed produced from seed cotton whether fuzzy or de-linted; “cotton seed dressing” means chemical approved by the Ministry against pre-plant and post-emergent plant pest and diseases; “cotton quarantine area” means an area declared to be as such under this Act; “Council” means the Cotton Council of Malawi established under section 3; “extension officer” means an extension officer appointed in accordance with the…