Category: Principal Legislation

CHAPTER 30:01EDUCATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IIPROMOTION OF EDUCATION 4. General duties and powers of the Minister 5. Goals of education in Malawi PART IIIADVISORY COUNCIL 6. Establishment and powers of the Advisory Council 7. Composition of the Council and its procedure 8. Invited persons 9. Reporting 10. Orders to be published PART IVGRANTS AND LOANS IN AID OF SCHOOLS AND OTHER EDUCATION INSTITUTION 11. Expenditure by Minister PART VPRIMARY EDUCATION 12. Provision of primary education 13. Free and compulsory primary education 14. Appointment of education committees 15. Duties of local government authorities 16. Development plans 17. Powers of local government authorities 18. Composition of education committee 19. Delegation of duties and powers of education committees 20. Duties of secretary 21. Establishment of school management committee 22. Notice to be published 23. Functions of school management committee 24. Obstruction of school management committee PART VIMANAGEMENT OF SECONDARY SCHOOLS AND COLLEGES 25. Management of Government secondary schools and colleges 26. Content of order establishing a Board of Governors 27. Responsibilities of proprietor of a secondary school or college 28. Board of Governors of assisted secondary schools and colleges 29. Contents of order, assisted secondary schools or colleges 30. Stamping and registration PART VIIESTABLISHMENT, CLASSIFICATION AND REGISTRATION OF SCHOOLS AND COLLEGES 31. Establishment of Government schools and colleges 32. Establishment of private schools or colleges 33. Classification of schools or colleges 34. Registration of schools or colleges 35. Duty of proprietor to conform to registered particulars 36. Procedure for establishing a school or college 37. Application for registration of a school or college 38. Variation of establishment 39. Register of Schools and Colleges, publication and inspection thereof 40. De-registration of a school or college 41. Complaints 42. Education Appeals Tribunal 43. Powers of the Education Appeals Tribunal 44. Power to close school or college 45. Power to re-open school or college and payment of compensation 46. Minister to handover possession to local government authority 47. Power to take possession 48. Failure to close school or college 49. Unsuitable publications PART VIIIINSPECTION OF SCHOOLS AND COLLEGES 50. Appointment of inspectors 51. Inspection of schools and colleges 52. Functions of an inspector 53. Powers of inspector 54. General duties of proprietor 55. Conducting school or college without consent of Minister 56. Refund of grant in certain cases PART IXESTABLISHMENT OF THE TEACHERS COUNCIL OF MALAWI AND REGISTRATION OF TEACHERS 57. Establishment of Council 58. Composition of the Council 59. Vacation of members from office 60. Meetings of the Council 61. Disclosure of interest 62. Functions of the Council 63. Powers of the Council 64. Committees 65. Appointment of Registrar and other staff 66. Duties of the Registrar 67. Qualifications and requirements for registration 68. Licence to teach 69. Teaching without licence or authority prohibited 70. Appeals 71. Offences relating to teaching and teachers 72. Evidence of entries in Registers of Teachers and of other records 73. Funds of the Council 74. Accounts 75. Audits PART XCURRICULUM AND INSTRUCTIONS IN SCHOOLS AND COLLEGES 76. National curriculum for schools and colleges 77. Teacher training curriculum 78. Language of instruction 79. Syllabus 80. Religious instruction 81. Textbooks and other instructional materials PART XIESTABLISHMENT OF THE MALAWI INSTITUTE OF EDUCATION 82. Establishment of the Institute 83. Composition of the Board 84. Duties of the Board 85. Powers of the Board 86. Vacation of office 87. Secretary of the Board 88. Meetings of the Board 89. Procedure at Board meetings 90. Executive Director 91. Deputy Executive Director 92. Other staff 93. Terms and conditions of service 94. Proposals and reports to the Board 95. Withdrawal and suspension of students or participants 96. Finance and Audit Committee 97. Control of finances 98. Accounts 99. Expenditure 100. Appeals for public subscription 101. Borrowing and investments 102. Property of the Institute PART XIISTUDENTS 103. Duty to obey school or college rules 104. Medical examination PART XIIIFEES 105. Minister may prescribe certain fees PART XIVMISCELLANEOUS PROVISION 106. Power of Minister to make regulations or rules 107. Delegation 108. Defective appointment of member to be of no effect 109. General penalty for offences 110. Service of notices and other documents 111. Repeal and savings 112. Transitional provisions CHAPTER 30:01EDUCATION 21 of 2013 An Act to provide for the establishment, organization, governance, control, regulation and financing of schools and colleges; to provide for the establishment of the Teachers Council of Malawi; to provide for the establishment of the Malawi Institute of Education; and to provide for incidental matters thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Education Act. 2. Interpretation In this Act, unless the context otherwise requires— “Advisory Council” means a Council established under section 6; “assisted college” means a college which is maintained in whole or in part…

CHAPTER 72:03WATER RESOURCES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY PROVISIONS 1. Short title 2. Interpretation 3. Application of the Act 4. Objectives 5. Water vested in the State 6. Public ownership of beds and banks of watercourses and lakes and of adjacent land strips 7. Powers and duties of the Minister PART IINATIONAL WATER RESOURCES AUTHORITY 8. Establishment of the Authority 9. Disclosure of interest 10. Powers and functions of the Authority 11. Committees of the Authority 12. Invited persons 13. Regional offices 14. Staff of the Authority 15. Delegation of powers and functions 16. Water resources investigation 17. Authority’s powers to require records, etc. 18. National monitoring of, and information on, water resources management 19. Sources of funds 20. Application of revenue from permit charges and licence fees 21. Investment powers of the Authority 22. Financial year of the Authority 23. Annual reports 24. Progress reports PART IIICATCHMENT MANAGEMENT COMMITTEES 25. Catchment areas 26. Establishment of catchment management committees 27. Procedure for establishment of catchment management committees 28. Composition of a catchment management committee 29. Functions of catchment management committees 30. Authority to assist catchment management committees 31. Funding and auditing of activities of operational catchment management committees 32. Catchment management strategy 33. Sensitization of users of watercourses on protection and management of watercourses and other bodies PART IVNATIONAL WATER POLICY AND NATIONAL WATER RESOURCES MASTER PLAN 34. National Water Policy 35. National Water Resources Master Plan 36. Action Plan to be adhered to PART VWATER ABSTRACTION AND USE 37. Reservation of water resource 38. Abstraction of water for domestic use, use of groundwater, and rainwater harvesting 39. Abstraction and use of water subject to licence 40. Application for licence 41. Criteria for issuing a licence 42. Contents of the licence 43. Terms and conditions of licence 44. Reference of licences to other authorities 45. Exemption of works 46. Issue of temporary licence 47. Licence conditional on inspection of works 48. Licensee to inform Authority of change of location of water use 49. Variation of a licence owing to change in circumstances, etc. 50. Cancellation of a licence 51. Cancellation or variation of a licence for a public purpose 52. Variation of licence following change in flows 53. Variation of a licence at request of licensee 54. Effects of expiry or cancellation of a licence to abstract and use water 55. Lease of licence to abstract and use water 56. Succession to a licence to abstract and use water 57. Abandonment of permitted or licensed activities 58. Surrender of licence 59. Register of licences 60. Combined licence to abstract and use water and to discharge effluent 61. Duration of a licence to abstract and use water 62. Renewal of a licence to abstract and use water 63. Right to transfer saved water 64. Easements for works 65. Emergency powers in case of shortage of water PART VICONTROL AND PROTECTION OF GROUNDWATER 66. Groundwater conservation areas 67. Issuing of licence not guarantee to supply of water 68. Permit to drill a borehole or to engage in borehole drilling programme for groundwater exploration 69. Submission of records 70. Tests on neighbouring boreholes 71. Contractor deemed to be constructor 72. Records may be required to be treated as confidential 73. Waste of groundwater 74. Contamination and pollution of groundwater 75. Authority may order special measures to safeguard ground-water resources 76. Artesian boreholes to be cased 77. Defective boreholes 78. Interference with defective borehole, etc. 79. Application to carry out work on a defective borehole 80. Instructions to deal with defective borehole 81. Authority may inspect borehole 82. Sworn statements to be submitted 83. Additional work on defective borehole 84. Licensing of borehole drillers and constructors PART VIIPROTECTED AREAS AND CONTROLLED ACTIVITIES 85. Protected areas 86. Controlled areas in relation to drought 87. Controlled activities PART VIIIPREVENTION AND CONTROL OF WATER POLLUTION 88. Prohibition of pollution 89. Pollution of water resources from an activity or process 90. Declaration of prohibited substances by the Authority 91. Standards of effluent quality 92. Application for effluent discharge permit 93. Contents of the permit 94. Terms and conditions of a discharge permit 95. Reference of permits to other authorities 96. Duration of permit to discharge effluent 97. Renewal of permit to discharge effluent 98. Review of permit to discharge effluent 99. Transfer of permit to discharge effluent 100. Succession to permit to discharge effluent 101. Suspension and cancellation of permit to discharge effluent 102. Effects of expiry or cancellation of permit to discharge effluent 103. Pollution of water resources from spillage PART IXGOVERNMENT WATERWORKS 104. Powers of Authority to undertake works 105. State schemes and community projects 106. Precedence of schemes and projects 107. Construction of works for state schemes 108. Community projects 109. Contribution towards schemes and projects PART XSAFETY OF DAMS AND FLOOD MANAGEMENT 110.…

CHAPTER 27:01NATIONAL STATISTICS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT AND FUNCTIONS OF THE NATIONAL STATISTICAL OFFICE 3. Establishment of the National Statistical Office 4. Appointment of the Commissioner for Statistics 5. Duties of the Commissioner for Statistics 6. Employment of assistants PART IIIESTABLISHMENT AND FUNCTIONS OF THE NATIONAL STATISTICAL SYSTEM 7. Establishment of the National Statistical System 8. Functions of the National Statistical System PART IVSTATISTICAL INFORMATION AND POWERS OF THE NATIONAL STATISTICAL OFFICE 9. Statistical surveys by public, private or foreign institutions 10. Power to obtain particulars 11. Compilation of list of respondents 12. Power of entry and inspection 13. Disclosure of information and confidentiality 14. Dissemination of statistical data PART VMISCELLANEOUS PROVISIONS 15. Relationship with other bodies 16. Offences and penalties 17. Oath or Affirmation of Office and Secrecy 18. Code of Practice for official statistics 19. Special reports and investigations 20. Regulations 21. Amendment of schedules 22. Repeal and savings First Schedule Second Schedule CHAPTER 27:01NATIONAL STATISTICS 6 of 2013 An Act to make provision for the establishment of the National Statistical office and the National Statistical System; for the collection, compilation, analysis, abstraction, publication and dissemination of statistical information; and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the National Statistics Act. 2. Interpretation In this Act, unless the context otherwise requires— “authorized officer” means any person appointed as an authorized officer under section 9 and includes, a supervisor, enumerator, coder and data entry clerk; “census” means a statistical operation in which all units of interest or the whole population are enumerated; “Commissioner” means the public officer holding or acting in the office of Commissioner for Statistics appointed under section 4; “National Statistical System” refers to public agencies responsible for producing, analysing, disseminating and using statistics, and encompasses the statistical outputs produced and the people involved, including both producers and users of statistics; “official statistics” means any quantitative, qualitative, aggregate and representative information relating to any matter contemplated in the First Schedule and produced by the National Statistical Office, and includes any information produced by line government ministries, departments and public authorities, provided that such information shall become official statistics after the Commissioner shall have endorsed the information with a stamp of quality; “respondent” means any person who supplies or is required to supply statistical information; “return” means any book, document, form, card, tape, disc or storage media on which information required is entered or recorded or is required to be entered or recorded for statistical purposes under this Act; “statistical sample survey” means a statistical operation in which only a selected part or sample and not all units of interest or the whole population are enumerated; “statistics” means any quantity collected as a summary of data; “survey” includes a survey of undertakings or persons whereby information is collected from all persons in a field of inquiry or from a sample thereof, wholly or primarily for statistical purposes; “undertakings” means any undertaking by way of trade or business whether or not the trade or business is carried out for profit, and includes a ministry or Government department, statutory body, local government body, and any other organization or body of persons or any part thereof and includes a branch of undertakings. PART IIESTABLISHMENT AND FUNCTIONS OF THE NATIONAL STATISTICAL OFFICE 3. Establishment of the National Statistical Office (1) There is hereby established the National Statistical Office which shall be a Government Department. (2) The National Statistical Office shall be the central depository of all official statistics produced in Malawi. 4. Appointment of the Commissioner for Statistics (1) There shall be a Commissioner for Statistics who shall be appointed by the President. (2) The Commissioner shall be responsible for the administration and control of the National Statistical Office. 5. Duties of the Commissioner for Statistics (1) It shall be the duty of the Commissioner to advise and report to the Minister generally on statistical matters, and, subject to any special or general directions of the Minister— (a) to carry out any of the functions imposed on him under this Act; (b) to advise the Minister on statistical policy matters, and where appropriate, to consult and liaise with other appropriate officers of Government ministries and departments; (c) to advise Government ministries and departments on the conception of statistical projects initiated or carried out by such ministries and departments; (d) to define, lay down and promote standard concepts, procedures, definitions and classification for use in official statistics; (e) to collect, compile, analyze, abstract and publish or otherwise disseminate, statistical information relating to matters specified in the First Schedule; First Schedule (f) to organize a coordinated scheme of statistics relating to Malawi; (g) to ensure the independence, accuracy, relevance, integrity, timeliness and professional standard…

CHAPTER 46:01BUSINESSES LICENSING ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION 3. Responsibilities of the Minister 4. Functions of the Chief Business Licensing Officer 5. Main Registry of Business Licences 6. Reports and financial statements PART IIIBUSINESS LICENSING CENTRES 7. Establishment of Business Licensing Centres 8. Functions of Business Licensing Centres 9. Appointment and functions of Business Licensing Officers 10. Registry of Business Licences 11. Correction of errors in registers PART IVLICENSING OF BUSINESS ACTIVITIES 12. Regulated and unregulated business 13. Exemptions 14. Application for issuing or renewal of a Business Licence 15. Particulars of an application 16. Grounds for refusal to issue or renew Business Licence 17. Validity of a Business Licence 18. Annual return 19. Extent of authority of a Business Licence 20. Premises to have a conspicuous sign 21. Exhibition of Business Licences 22. Local Authority not to issue a Business Licence, permit or other authorization PART VSUSPENSION, REVOCATION AND CANCELLATION OF BUSINESS LICENCE 23. Amendment, cancellation, revocation or suspension of a Business Licence 24. Notification of intention to amend, cancel, revoke or suspend a Business Licence 25. Right to be heard 26. Appeals PART VIOBLIGATIONS OF AN OWNER, MANAGER OR PERSON IN CHARGE OF A BUSINESS 27. Notification to the Business Licensing Officer 28. Replacement of a lost or destroyed Business Licence PART VIITRANSFER OF BUSINESS LICENCES 29. Transfer of a Business Licence PART VIIIBUSINESSES BY NON-MALAWIANS 30. Businesses by non-Malawians PART IXAPPOINTMENT AND POWERS OF INSPECTORS 31. Appointment of inspectors 32. Powers of inspectors PART XOFFENCES 33. Offences 34. Compounding offences 35. Failure to surrender a Business Licence PART XIMISCELLANEOUS PROVISIONS 36. Reserved Businesses 37. Regulations 38. Immunity 39. Repeal and savings 40. Transitional provisions 27 of 2012G.N. 10/2013 CHAPTER 46:01BUSINESSES LICENSING An Act to provide for licensing of the sale of goods and services by way of business; to provide for establishment of Business Licensing Centres; and to make provision for matters connected therewith or incidental thereto PART I 1. Short title This Act may be cited as the Businesses Licensing Act. 2. Interpretation In this Act, unless the context otherwise requires— “auxiliary business” means any business not specified in a business registration which may be lawfully carried on under such registration; “business” means any form of trade, commerce, craftsmanship or specified profession carried on for profit and to which this Act applies; “Business Licence” means a licence issued under section 16; “Business Licensing Centre” means an organ of a Local Authority responsible for administration of this Act in a Local Government area, established under section 7 or a public agency appointed under this Act; “Business Licensing Officer” means an officer appointed under section 9; “Chief Business Licensing Officer” means a public officer designated as such under section 4 (1); “company” means a company incorporated under the Companies Act; “core activity” means the main activity of a business; “inspector” means a person appointed by the Minister under section 31 and includes an officer in the Ministry; “Local Authority” means a City, Town, District or Municipal Council established under the Local Government Act; “Malawi Investment and Trade Centre” means the Malawi Investment and Trade Centre incorporated under the Companies Act on 2nd December 2010; “publication” means publication of information relating to Business Licensing Centres in electronic form or through printed material to all Ministries and to the general public; “regulated business” means a business regulated by any written law; and “the Ministry” means the Ministry responsible for trade. PART IIADMINISTRATION 3. Responsibilities of the Minister (1) The Minister shall be responsible for— (a) formulating a national policy and regulatory framework in relation to the business licensing system; (b) providing the necessary technical support or assistance to local authorities for the implementation of their respective functions; and (c) doing such other things as are incidental or necessary to reducing the cost of doing business in Malawi. (2) The Minister, in consultation with the Minister responsible for Local Government, may, by notice published in the Gazette, revoke the authority of any Local Authority as a Business Licensing Centre and designate another Local Authority or a public agency in its place. 4. Functions of the Chief Business Licensing Officer (1) The Principal Secretary responsible for trade is hereby designated as the Chief Business Licensing Officer. (2) The functions and powers of the Chief Business Licensing Officer shall be to— (a) coordinate and monitor the performance of Business Licensing Centres for compliance with national policies, guidelines and standards; (b) receive quarterly updated registers of licensed businesses from each Business Licensing Centre; (c) establish and maintain in the Ministry one composite register of all businesses licensed under this Act; (d) publish the composite registers of all Business Licensing Centres within three months after the end of each quarter; (e) ensure that each Business Licensing Centre…

CHAPTER 46:02BUSINESS REGISTRATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application and scope of this Act PART IITHE REGISTRAR OF BUSINESSES 4. Registrar of Businesses 5. Powers of the Registrar PART IIITHE MALAWI BUSINESS REGISTRATION DATABASE 6. Establishment of the Malawi Business Registration Database 7. Use of technology and e-communications 8. Use of business registration number 9. Search of the Database PART IVREGISTRATION OF BUSINESSES 10. Duty to be registered 11. Form and particulars of registration 12. Registration of business and business name 13. Use of business names 14. Registration of changes in particulars 15. Cessation or transfer of business 16. Copy of business certificate PART VMISCELLANEOUS PROVISIONS 17. Immunity 18. Persons carrying on unlawful business 19. Compounding offences 20. Enforcement of duty to file returns 21. General offence and penalty 22. Regulations 23. Repeal and savings 24. Transitional provisions CHAPTER 46:02BUSINESS REGISTRATION 7 of 19227 of 192513 of 194116 of 199712 of 2012G.N. 22/1963219/1964 (N)11/2013 An Act to provide for the registration of persons carrying on business in Malawi and of their business names, the allocation of a single business registration number; and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Business Registration Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “authorised officer” means an officer duly authorised in writing by the Registrar; “business” includes every form of trade, commerce or manufacture, craftsmanship, calling, profession, vocation or occupation or any other activity carried on by a person for the purposes of gain or profit; “business name” means the name or style under which a person carries on business; “business registration number” means the unique identification number allocated by the Registrar under section 12 (1); “certificate” means a certificate of business registration issued under section 12 (2); “electronic communication” means a communication transmitted, whether from one person to another, from one device to another device, or from a person to a device or vice versa by— (a) means of a telecommunication system within the meaning of the Communications Act; or (b) any other means in an electronic form; “company” means a company incorporated under the Companies Act; “electronic signature” means anything in electronic form as— (a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and (b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both; “Database” means the Malawi Business Registration Database established by section 6; “firm” means an unincorporated body consisting of two or more individuals, or one or more corporations, having constituted a partnership with a view to carrying on business; “local authority” has the same meaning as in the Local Government Act; “Malawi Investment and Trade Centre” means the Malawi Investment and Trade Centre incorporated under the Companies Act on 2nd December, 2010; “Malawi Revenue Authority” means the Malawi Revenue Authority established under the Malawi Revenue Authority Act; “National Statistical Office” means the National Statistical Office referred to in the Statistics Act; “person” includes any company or association or body of persons, corporate or unincorporate; “person responsible for the management of a business” includes every officer, individual, secretary, agent or employee who is at any time in charge, either solely or to a substantial extent, of the management of the business; “public sector agency” includes any Ministry, Government Department, local authority or statutory body; “Registrar” means the Registrar of Businesses under this Act; and “relevant permit” includes any licence, approval or other written formal authorization required from a public sector agency under any written law. (2) A person who has a place of business in Malawi shall be deemed to be carrying on business in Malawi for the purposes of this Act. 3. Application and scope of this Act (1) The provisions of this Act shall apply to registration of the following businesses— (a) sole proprietors; and (b) partnerships. (2) This Act shall not exempt a person registered under this Act from complying with any other written law relating to businesses of a specific type. (3) This Act shall not apply to— (a) any person carrying on business for the purpose of his livelihood with a turnover below the amount prescribed by the Minister; and (b) any office or employment of a person. (4) Where a person carrying on business is required under this Act or any other Act or regulation to do any act, any person responsible for the management of the business for or on behalf of the first-mentioned person shall also be held liable for the doing of, or omission to do, that act. PART IITHE REGISTRAR OF BUSINESSES 4. Registrar of Businesses (1) The Registrar…

CHAPTER 4:01LEGAL AID ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IILEGAL AID BUREAU 3. Establishment of the Legal Aid Bureau 4. Duties and functions of the Bureau 5. Powers of the Bureau 6. Independence of the Bureau PART IIISTAFF OF THE BUREAU 7. Director and Deputy Director 8. Qualifications of Director and Deputy Director 9. Appointment of the Director and Deputy Director 10. Term of office of Director and Deputy Director 11. Removal from office 12. Other employees of the Bureau 13. Delegation of powers 14. Criteria for recruiting Legal Aid Assistants 15. Terms and conditions of service PART IVPROVISION OF LEGAL AID 16. Extent of legal aid 17. Legal aid in criminal matters 18. Eligibility for legal aid in criminal matters 19. Legal aid in civil matters 20. Eligibility for legal aid in civil matters 21. Assessment of means of an applicant 22. Contributions towards legal aid 23. Legal aid by courts 24. Appeals against decision of Director 25. Termination and revocation of legal aid 26. Variation of grant of legal aid 27. Effect of revocation and termination of legal aid 28. Cooperation agreements PART VINSTRUCTION OF PRIVATE LEGAL PRACTITIONERS 29. Instruction of private legal practitioners 30. Panels of legal practitioners 31. Conditions applying to members of a panel 32. Breach of service provision contracts 33. Audits 34. Confidentiality with regard to audit PART VIREGIONAL AND DISTRICT LEGAL AID CENTRES 35. Regional Legal Aid Centres 36. District Legal Aid Centres 37. Competence of Legal Aid Advocates and Legal Aid Assistants PART VIIFINANCIAL PROVISIONS 38. Funding of the Bureau 39. Legal Aid Fund 40. Deductions from awards 41. Costs awarded to legally aided persons 42. Costs not to be awarded against legally aided persons 43. Payments into the funds 44. Accounting and audit PART VIIIGENERAL 45. Parties to submit mediation in certain cases 46. Bureau to enter into contingency fee agreements 47. Legal aid in matters before a tribunal 48. Regulations 49. Repeals and savings 50. Transitional First Schedule Second Schedule 7 of 2011G.N. 5/2013 An Act to make provision for the granting of legal aid in civil and criminal matters to persons whose means are insufficient to enable them to engage private legal practitioners and to other categories of persons where the interests of justice so require; to provide for the establishment of a Legal Aid Bureau; to provide for the establishment of a Legal Aid Fund; to allow for limited eligibility of other persons, besides legal practitioners, to provide legal aid for the purposes of this Act and to provide for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Legal Aid Act. 2. Interpretation In this Act, unless the context otherwise requires— “Bureau” means the Legal Aid Bureau established under Part III of this Act; “civic education” means civic education in legal literacy or the general dissemination of information about the law to the general public and conducted as part of legal aid service under this Act; “contribution” means a contribution to the costs of the proceedings or matter in respect of which legal aid is or is to be given; “cooperation agreement” means a contract or agreement entered into between the Legal Aid Bureau and a civil society organization or a person or body, engaged or interested in the provision of legal aid, for the rendering of legal aid services wholly by such organization, person or body or jointly with the Bureau; “contingency fee agreement” means an agreement between the Bureau and a legally aided person by which the Bureau agrees to represent such person on condition that compensation to the Bureau shall be a percentage of the amount recovered in favour of such person. “criminal investigations” means investigations relating to an offence or to a person accused or convicted of an offence; “criminal proceedings” means proceedings before a court, tribunal, or other body against a person for— (a) an offence; (b) contempt of, or before, such court, tribunal or other body; “Director” and ‘’Deputy Director” means Director and Deputy Director of the Bureau appointed under section 9, respectively; “legal advice” means oral or written advice on the application of written law or common law to any particular circumstances that have arisen in relation to the person seeking advice and as to the steps which that person might appropriately take having regard to the application of the law to those circumstances; “legal aid” means service provided to persons under this Act by way of legal representation, legal advice or legal assistance; “Legal Aid Advocate” means a person qualified as a legal practitioner appointed as a Legal Aid Advocate under section 12; “Legal Aid Assistant” means a person who is not qualified as a legal practitioner but has attained the requisite minimum level…

CHAPTER 30:13MALAWI UNIVERSITY OF SCIENCE AND TECHNOLOGY ARRANGEMENT OF SECTIONS PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE UNIVERSITY 3. Establishment of the Malawi University of Science and Technology 4. Membership of the University 5. Aims and objectives of the University 6. Powers of the University PART IIITHE COUNCIL 7. Establishment of the Council 8. Composition of the Council 9. Functions and powers of the Council 10. Vacancies on the Council 11. Meetings and procedures of the Council 12. Common Seal of the Council PART IVOFFICERS OF THE UNIVERSITY 13. Chancellor 14. Vice-Chancellor 15. Deputy Vice-Chancellors 16. Registrar 17. Director of Finance 18. Librarian PART VTHE SENATE 19. The Senate 20. Functions and powers of the Senate 21. Meetings of the Senate 22. Invited persons PART VISCHOOLS, ACADEMIES, INSTITUTES AND CENTRES 23. Schools of the University 24. 25. Executive Deans 26. Head of Department 27. Composition of Schools and Departments 28. School Boards 29. Institutes, Academies and Centres PART VIIFINANCIAL PROVISIONS 30. Funds and property of the University 31. Compliance with Acts 32. Audit of Accounts 33. Accounts and funds 34. Borrowings PART VIIIMISCELLANEOUS 35. The Statutes 36. Amendments to the Statutes 37. Senate Regulations 38. Service of process and other documents on the Council 39. Transfer of assets, liabilities, etc. 40. Transfer of employees 31 of 201221 of 2023G.N. 9/2013 An Act to make provision for the establishment of the Malawi University of Science and Technology; for the conduct and management of the University; and for matters incidental to and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi University of Science and Technology Act. 21 of 2023 2. Interpretation In this Act, unless the context otherwise requires— “academic staff” means all persons for the time being holding appointments, whether on full-time, part-time or adjunct, under contract with the Council, as professors, associate professors, senior lecturers, lecturers, assistant lecturers, staff associates, instructors or demonstrators of the University, including those whose conditions of service contain the obligation to undertake research, and the senior professional staff of the library, or any other post declared by the Senate by category or title to be an academic post; “Administrative staff” means all persons for the time being holding appointments, whether on full-time or part-time basis, under contract with the Council, in the administration of the affairs of the University; “Centre” means a Centre within the University established under section 23; “Chairperson” means the Chairperson of the Council appointed pursuant to section 8; “Chancellor” means the Chancellor of the University appointed pursuant to section 13; “College, School, Faculty or Division” means a College, School, Faculty or Division respectively within the University, established under section 23; “Committee” includes a sub-committee; “Council” means the Council of the University established under section 7; “Deputy Vice-Chancellor” means the Deputy Vice-Chancellor appointed pursuant to section 15; “Director of Finance” means the Director of Finance appointed pursuant to section 17; 21 of 2023 “Executive Dean” means Executive Dean of a School appointed pursuant to section 25; “Financial year” means the period commencing on the date of commencement of this Act and ending on the 30th of June next following the commencement date and thereafter the period of twelve months ending on 30th June, in each year; “Institute” means an Institute within the University established under section 23; “Librarian” means the Librarian of the University appointed pursuant to section 18; “Organization” means any company, association or body of persons, corporate or unincorporated, but does not include any association or body established or incorporated under this Act; “property of the University” means any property, intellectual, real or personal, of every description, vested in or held by the Council under any right of ownership or possession; and any property held by the Council in trust for the furtherance of any of the objects of the University; “Registrar” means the Registrar of the University appointed pursuant to section 16; “Senate” means the Senate of the University established under section 19; “Senate Regulations” means Senate Regulations made pursuant to section 37; “Statutes” mean the Statutes made pursuant to section 35; “University” means the Malawi University of Science and Technology established under section 3; “Vice-Chancellor” means the Vice-Chancellor of the University appointed pursuant to section 14. PART IIESTABLISHMENT OF THE UNIVERSITY 3. Establishment of the Malawi University of Science and Technology There is hereby established a University to be known as the Malawi University of Science and Technology (in this Act otherwise referred to as the “University”). 21 of 2023 4. Membership of the University (1) The University shall consist of the following members— (a) the Chancellor; (b) the Vice-Chancellor; (c) Deputy Vice-Chancellors; (d) the Registrar; 21 of 2023 (e) the Director of Finance and Investments; (f) the Librarian; (g) members of the Council; (h) members of…

CHAPTER 51:02MALAWI BUREAU OF STANDARDS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE MALAWI BUREAU OF STANDARDS 3. Establishment of the Malawi Bureau of Standards 4. Objects of the Bureau 5. Functions, powers and duties of the Bureau 6. Non-liability of the Bureau PART IIITHE MALAWI BUREAU OF STANDARDS BOARD 7. Establishment of the Malawi Bureau of Standards Board 8. Composition of the Board 9. The Chairperson and Vice-Chairperson of the Board 10. Tenure of office of members, vacation and disqualification 11. Allowances for Members 12. Meetings of the Board 13. Non-liability of members 14. Pecuniary interest of members 15. Powers and functions of the Board 16. Committees of the Board 17. Delegation PART IVFINANCIAL PROVISIONS 18. Funds of the Board and its accounts 19. Annual Reports 20. Quality development cess 21. Audit 22. Reimbursement of expenses of members of the Board 23. Financial Year PART VSTAFF OF THE BUREAU 24. Director General 25. Appointment of other staff and conditions of service PART VIESTABLISHMENT AND IMPLEMENTATION OF STANDARDS 26. Setting of Malawi Standards 27. Declaration of Malawi Standards 28. Incorporation of Malawi Standards in laws 29. Effect of declaration as mandatory standard and application of standardization mark 30. Non-compliance with mandatory standards PART VIISTANDARDIZATION MARKS 31. Establishment, alteration of standardization marks, etc. 32. Application of standardization mark 33. Mark permits 34. Suspension or cancellation of permit 35. Samples and information 36. Limitations on certain claims PART VIIIINSPECTORS AND AUDITORS 37. Appointment and powers 38. Functions PART IXDANGEROUS OR DEFECTIVE COMMODITIES 39. Order prohibiting or restricting supply of defective commodities 40. Remedy for supply of commodity in contravention of order 41. Order for recall of defective commodities 42. Voluntary recall of commodities 43. Certain actions not to affect insurance contracts PART XOFFENCES AND PENALTIES 44. Offences and penalties PART XIGENERAL 45. Restriction on use of certain words 46. Presumption 47. Certain acts not to be interpreted as assurances or guarantees 48. Confidentiality 49. Inventions by staff members and other persons 50. Levying of interest 51. Disclosure of certain information to protect consumer 52. Prohibition of victimization 53. Conflicting standards 54. Regulations 55. Relationship between this Act and other written laws 56. Repeal and savings PART XIITRANSITIONAL PROVISIONS 57. Transfer of assets, funds, liabilities, etc. 58. Transfer of employees ScheduleS 14 of 2012 An Act to establish the Malawi Bureau of Standards and the Malawi Standards Board; to vest the management and control of the Malawi Bureau of Standards in the Malawi Standards Board; to promote metrology, standardization and quality assurance of commodities and of the manufacture, production, processing or treatment thereof; and further to provide for matters incidental to, or connected with, the foregoing PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi Bureau of Standards Act. 2. Interpretation In this Act, unless the context otherwise requires— “auditor”, means a person appointed as such under section 37; “Board” means the Malawi Bureau of Standards Board established under section 7; “Bureau” means the Malawi Bureau of Standards established by section 3; “Bureau Management” means the Director General, Deputy Director General and the Heads of Departments of the Bureau; “cess” means the quality development cess imposed by the Minister under section 20; “Chairperson” means the Chairperson of the Board appointed and designated pursuant to section 9; “Code of practice” means a set of rules relating to the methods to be applied or the procedure to be adopted in connexion with the construction, installation, testing, operations or use of any article, apparatus, instrument, devise or process, including— (a) the marking, handling, packing, storage and transport of a commodity; or (b) the manner of installation of the commodity to ensure efficient performance; “commodity” means product, service, good or article of, or for, trade; “Director General” means the Chief Executive Officer of the Bureau appointed under section 24; “examine” includes inspect, check or observe; “financial auditor” means a person appointed as such to audit the finances of the Bureau; “financial year” means the financial year of the Bureau as specified in section 23; “import” means to bring or cause to bring a commodity in the country by any means; “inspector” means an inspector appointed under section 37; “Malawi Standard” means a specification, code of practice, terminology standard or method of test as declared under section 27 (1); “Mandatory Standard” means a Malawi Standard declared as such under section 27 (2) to which compliance is compulsory; “manufacture” includes produce, assemble, alter, modify, adapt, convert, process, package, including labeling, treat, install, test, operate and use; “mark” means any device, brand, heading, label, ticket, emblem, representation, heading ticket, name, signature, word, letter or numeral, or any combination thereof; whether used in a compound with any other word or not; “member” means a member of the Board appointed under section 8;…

CHAPTER 61:03ATOMIC ENERGY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Scope 4. Objectives PART IITHE ATOMIC ENERGY REGULATORY AUTHORITY 5. Establishment of the Atomic Energy Regulatory Authority 6. Composition of Board 7. Responsibilities and functions of the Authority 8. Delegation of powers and assignment of functions 9. Meetings of the Board 10. Tenure of office and filling of vacancies 11. Advisory committees and consultants 12. Allowances of members of Board 13. Disclosure of interest 14. Prohibition of publication or disclosure 15. Seal of the Authority 16. Composition of the Secretariat 17. Functions of the Secretariat PART IIIFINANCIAL PROVISIONS 18. Funding of the Authority 19. Financial year 20. Accounts 21. Annual Report PART IVNOTIFICATION AND LICENSING 22. Requirement for a notification 23. Requirement for a licence 24. Licensing process 25. Conditions of granting licences 26. Validity, renewal and transfer of licences 27. Modification of conditions of licence 28. Refusal to issue a licence 29. Revocation and suspension of licence 30. Relinquishment of licence PART VRESPONSIBILITIES OF A LICENSEE 31. Responsibilities of licensee 32. Duty of licensee to appoint radiation safety officer 33. Notice of intended termination of operations 34. Notice of incidents or accidents 35. Liability of licensee PART VIINSPECTIONS AND ENFORCEMENT 36. Inspections programme 37. Conduct of inspections 38. Appointment of inspectors 39. Powers and functions of inspectors 40. Duty of inspectors 41. Compliance order 42. Compliance order in urgent matters PART VIIRADIATION SAFETY PRINCIPLE 43. Fundamental principles 44. Regulatory control of radiation safety PART VIIIMEDICAL PRACTICES 45. Medical practices involving the use of radiation sources 46. Protection of patients PART IXEMERGENCY PREPAREDNESS AND RESPONSE 47. Requirement for an emergency plan 48. Compliance with the emergency plan 49. National plan for radiation emergencies 50. Emergencies with trans-boundary effects PART XRADIOACTIVE WASTE MANAGEMENT 51. Prohibition of the import of radioactive waste 52. General principles 53. Regulations on radioactive waste management 54. Licence requirement for radioactive waste 55. Responsibility for safety and security of radioactive waste 56. Disposal plan 57. Export of radioactive waste PART XITRANSPORTATION OF RADIOACTIVE MATERIAL 58. Requirement for a licence to transport radioactive material 59. Regulations on transportation of radioactive material PART XIIMINING AND PROCESSING 60. Licence for mining and processing radioactive minerals 61. Application for a licence 62. Responsibilities of a licensee for safety and security of activities PART XIIISECURITY, PHYSICAL PROTECTION AND SAFEGUARDS 63. National register of radioactive sources 64. Import and export of radioactive sources 65. Recovery of orphan sources 66. Peaceful use commitments 67. Prohibited activities 68. Application of safeguards 69. Cooperation in implementation of safeguards PART XIVOFFENCES AND PENALTIES 70. Offences relating to licences 71. Hindering and obstructing of inspectors 72. Offences relating to records 73. Prohibition of disclosure of information by employee of Authority 74. Handling of radioactive or nuclear material and devices 75. Use of radioactive or nuclear material 76. General offences and penalty 77. Extraditable offences PART XVAPPEALS 78. Appeal procedure PART XVIMISCELLANEOUS PROVISIONS 79. Indemnification 80. Confidentiality of sources of information 81. Offences by corporate bodies 82. Regulations 83. Transitional provisions 16 of 2011G.N. 20/2012 An Act to provide for adequate protection of the people and the environment in present and future generations against the harmful effects of ionizing radiation by controlling and regulating the importation, exportation, production, processing, handling, use, holding, storage, transportation and disposal of radiation sources, nuclear materials, and any other radioactive materials; to provide for the establishment of the Atomic Energy Regulatory Authority and provide for its governance and management; and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Atomic Energy Act. 2. Interpretation In this Act, unless the context otherwise requires— “accident” means any event relating to a radiation source, including an operating error, equipment failure or other mishap, the consequences or potential consequences of which are not negligible from the point of view of radiation safety or nuclear security; “activity” means the design, manufacture, construction, import, export, distribution, sale, loan, commissioning, use, operation, maintenance, repair, transfer, decommissioning or possession of radiation sources for industrial, education, research, agricultural and medical purposes; the transport of radioactive materials; the mining and processing of radioactive minerals; the closing down of associated facilities; the cleanup of sites affected by residues from past activities; and radioactive waste management activities such as the discharge of effluent; any activity involving nuclear material as defined in the Safeguards Agreement; “Authority” means the Atomic Energy Regulatory Authority established under section 5; “Board” means the Board of Directors of the Authority appointed under section 6; “clearance” means the removal of radioactive materials or radioactive objects within authorized activities and practices from any further regulatory control; “disposal” in relation to radioactive waste, includes its removal, deposit, or destruction, its discharge, whether into water or into air or…

CHAPTER 30:15MALAWI INSTITUTE OF PROCUREMENT AND SUPPLY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE MALAWI INSTITUTE OF PROCUREMENT AND SUPPLY 3. Establishment of the Malawi Institute of Procurement and Supply 4. Functions of the Institute 5. Board of Directors 6. Composition of the Board 7. Disqualification of members of the Board 8. Tenure of office of members of the Board 9. Allowances of the Board of Directors 10. Meetings of the Board 11. Chief Executive Officer 12. Other employees of the Institute PART IIIREGISTRATION OF MEMBERS 13. Registration 14. Application for registration 15. Registration of full members 16. Registration of affiliate members 17. Registration of student members 18. Honorary members 19. Corporate members 20. Foreign procurement and supply management professionals 21. Registers 22. Publication of list of members 23. Subscription fees 24. Disqualification from membership 25. Cessation of membership 26. Appeals Board PART IVDISCIPLINARY PROVISIONS 27. Disciplinary Committee 28. Powers of inquiry of the Disciplinary Committee 29. Application of rules of natural justice 30. Proceedings of the Disciplinary Committee 31. Report of proceedings PART VCOMMITTEES OF THE BOARD 32. Education and Qualifications Committee 33. Functions of the Education and Qualifications Committee 34. Professional Practice Committee 35. Functions of the Professional Practice Committee PART VIFINANCIAL PROVISIONS 36. Funds of the Institute 37. Investment power 38. Compliance with Caps. 37:01, 37:02 and 37:03 39. Borrowing powers 40. Accounts and audit 41. Annual report 42. Financial year PART VIIMEETINGS OF THE INSTITUTE 43. Meetings 44. Quorum 45. Procedures at meetings PART VIIIMISCONDUCT AND OFFENCES 46. Misconduct relating to practice 47. Offences and penalties PART IXMISCELLANEOUS PROVISIONS 48. Transitional arrangements 49. Rules 50. Regulations 3 of 2016G.N. 9/2016 An Act to provide for the establishment of the Malawi Institute of Procurement and Supply; the registration of procurement and supply chain management professionals; the regulation of the procurement and supply chain management profession; and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi Institute of Procurement and Supply Act. 2. Interpretation In this Act, unless the context otherwise requires— “affiliate member” means a member of the Institute registered pursuant to section 16; “Appeals Board” means the Appeals Board established under section 26; “Board” means the Board of Directors appointed pursuant to section 5; “corporate member” means a member of the Institute registered pursuant to section 19; “Disciplinary Committee” means the Disciplinary Committee constituted under section 27; “Education and Qualifications Committee” means the Education and Qualifications Committee constituted under section 32; “full member” means a member of the Institute registered pursuant to section 15; “honorary member” means a member of the Institute registered pursuant to section 18; “Institute” means the Malawi Institute of Procurement and Supply established under section 3; “Professional Practice Committee” means the Professional Practice Committee established under section 34; “procurement and supply management professional” means any person who has undergone special and formal training in procurement and supply management and other related professional courses in procurement and supply management and has attained formal qualification from such training; and “student member” means a member of the Institute registered pursuant to section 17. PART IITHE MALAWI INSTITUTE OF PROCUREMENT AND SUPPLY 3. Establishment of the Malawi Institute of Procurement and Supply (1) There is hereby established a body to be known as the Malawi Institute of Procurement and Supply. (2) The Institute shall be a body corporate which shall— (a) have perpetual succession and a common seal; (b) be capable of suing and being sued in its corporate name; (c) be capable of acquiring and disposing of any moveable or immovable property; and (d) perform such acts as a body corporate may, by law perform. (3) The Institute shall be autonomous and independent of the direction of any person and have power to perform such functions and exercise such powers as conferred by this Act. 4. Functions of the Institute The Institute shall— (a) register procurement and supply chain management professionals, pursuant to this Act; (b) establish educational standards and qualifications for the procurement and supply chain management profession in Malawi; (c) set the professional standards of procurement and supply chain management professionals in collaboration with educational institutions, professional institutions, government departments, commercial institutions and similar international institutions in the practice of procurement and supply chain management; (d) promote, uphold and improve training and professional standards of procurement and supply chain management professionals; (e) develop ethical standards in the procurement and supply chain management profession in Malawi and ensure that reputable and high standards of behaviour are maintained in the profession; (f) exercise disciplinary control over the procurement and supply chain management profession in Malawi; (g) set and conduct professional examinations leading to the award of certificates and other awards in procurement and supply chain management;…