Category: Principal Legislation

CHAPTER 30:12NATIONAL COUNCIL FOR HIGHER EDUCATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE NATIONAL COUNCIL FOR HIGHER EDUCATION 3. Establishment of the Council 4. Composition of the Council 5. Tenure of office 6. Vacation of office of members 7. Filling of vacancies on the Council 8. Co-opted persons 9. Chairperson and Vice-Chairperson 10. Remuneration 11. Disclosure of interest 12. Meetings of the Council 13. Committees of the Council 14. Non-liability of members of the Council or of committees PART IIIFUNCTIONS AND POWERS OF THE COUNCIL 15. Functions of the Council 16. Powers of the Council PART IVMANAGEMENT OF THE COUNCIL 17. Appointment of Chief Executive Officer and other members of staff 18. Duties of the Chief Executive Officer PART VREGISTRATION OF PRIVATE HIGHER EDUCATION INSTITUTIONS 19. Registration of private higher education institutions 20. Provisional and final registration of private higher education institutions 21. Contents of Charter of private higher education institutions 22. Application for amendment of the Charter 23. Revocation of a Charter PART VIPUBLIC HIGHER EDUCATION INSTITUTIONS 24. Establishment of higher education institutions 25. Declaration of a public higher education institution 26. Closure, merger and splitting of public higher education institutions PART VIISTANDARDS AND ACCREDITATION 27. Institutional quality assurance standards and evaluation of higher education institutions 28. Basis of accreditation 29. Effect of accreditation 30. Annual reports by higher education institutions PART VIIIFINANCIAL PROVISIONS 31. Funds, accounts and audit 32. Investment of surplus sums of money 33. Financial year of the Council PART IXMISCELLANEOUS PROVISIONS 34. Offences 35. Regulations 36. Transitional provisions 15 of 2011G.N. 23/2012 An Act to regulate higher education; to provide for the establishment, functions and powers of the National Council for Higher Education; and to provide for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the National Council for Higher Education Act. 2. Interpretation In this Act, unless the context otherwise requires— “academic cycle” means a period within which to complete a programme of study; “accreditation” means the process of recognizing higher education institution’s programmes in accordance with section 27; “accreditation certificate” means a certificate issued under section 27; “Chairperson” means the Chairperson of the Council and includes any person acting in that capacity; “Charter” means a document granted by the Minister under section 20 describing the basis for establishment and legitimizing the existence of a private higher education institution; “Chief Executive Officer” means the Chief Executive Officer of the Council appointed pursuant to section 17; “Council” means the National Council for Higher Education established under section 3; “foreign higher education institution” means a higher education institution registered outside Malawi; “higher education” means all learning programmers leading to qualifications registered under the National Qualifications Framework but may not include vocational training by a vocational training centre under the Technical, Entrepreneurial and Vocational Education Act; “higher education institution” means any institution that provides higher education and which is— (a) established as a public higher education institution; (b) registered as a private higher education institution under this Act; or (c) an affiliate of a higher education institution; “institutional quality assurance standards” means the standards referred to in section 27; “member” means a member of the Council appointed as such under section 4; “National Qualifications Framework” means a structured description which classifies and registers qualifications according to a set of national standards for levels of learning, obtained at different levels compatible with regional and international structures and standards; “private higher education institution” means any institution registered or conditionally registered as a private higher education institution in terms of Part V; “provisional registration certificate” means a certificate issued pursuant to section 20; “public higher education institution” means any institution that provides higher education and which is established by the Government or under any law and is wholly or partially funded by the Government; and “register” means a register kept and maintained in terms of section 20. PART IITHE NATIONAL COUNCIL FOR HIGHER EDUCATION 3. Establishment of the Council There is hereby established a body to be known as the National Council for Higher Education (in this Act otherwise referred to as the “Council”) which shall be— (a) a body corporate with perpetual succession and a common seal; (b) capable of suing and being sued in its corporate name; (c) capable of holding, purchasing or otherwise acquiring and disposing of any property, movable or immovable, for the purposes, or in the course, of carrying out its functions; and (d) capable of doing and performing all such acts and things as bodies corporate may, by law, do and perform. 4. Composition of the Council (1) The Council shall consist of— (a) six persons appointed by the Minister on account of high professional standing, special knowledge, skills and expertise in matters of higher education: Provided that such persons shall not…

CHAPTER 30:11LILONGWE UNIVERSITY OF AGRICULTURE AND NATURAL RESOURCES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE UNIVERSITY 3. Establishment of the Lilongwe University of Agriculture and Natural Resources 4. Membership of the University 5. Aims and objectives of the University 6. Powers of the University PART IIITHE COUNCIL 7. Establishment and incorporation 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 VIFACULTIES, CENTRES, SCHOOLS, COLLEGES AND INSTITUTES 23. Faculties, Centres, Schools, Colleges and Institutes 24. Deans 25. Head of Department 26. Directors 27. Composition of Faculties and Departments 28. Faculty Board 29. Composition of Centres, Schools, Colleges and Institutes PART VIIFINANCIAL PROVISIONS 30. Funds and property of the University 31. Compliance with the provisions of the Public Finance Management Act 32. Audit of Accounts 33. Accounts and funds 34. Borrowings PART VIIIMISCELLANEOUS 35. The Statutes 36. Amendment of the Statutes 37. Senate Regulations 38. Service of process and other documents on the Council PART IXTRANSITIONAL PROVISIONS 39. Saving of existing programmes, students’ powers and rights 40. Transfer of assets and liabilities 41. Transfer of employees SCHEDULE 22 of 20112 of 2016G.N. 3/2012 An Act to make provision for the establishment of the Lilongwe University of Agriculture and Natural Resources; 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 Lilongwe University of Agriculture and Natural Resources Act. 2. Interpretation In this Act, unless the context otherwise requires— “Academic Department” means an Academic Department within the University under a Faculty constituted under section 27; “Academic staff” means all persons for the time being holding appointments, whether on full time or part time basis, under contract with the Council, as professors, associate professors, senior lecturers, lecturers, assistant lecturers, adjunct staff, 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; “Chairperson” means the Chairperson of the Council appointed pursuant to section 8; “Chancellor” means the Chancellor of the University; “Clerical, Technical and Support Staff (CTS)” means all persons for the time being holding appointments whether on full time or part time basis under Contract with the University Management in the execution of assigned duties; “College, Centre, School or Institute” means a College Centre, School or Institute respectively within the University, established under section 23; “Committee” includes a sub-committee; “Council” means the Council of the University established under section 7; “Dean” means the Dean of a Faculty or School and includes any other Dean that the Council may decide to appoint under the Statutes pursuant to section 24 and shall exercise Executive powers; “Deputy Vice-Chancellors” means the Deputy Vice-Chancellors for Academic and Planning, Research and Development and Administration and Finance Affairs appointed pursuant to section 15; “Director of Finance” means the Director of Finance and appointed pursuant to section 17; “Faculty” means a Faculty within the University established under section 23; “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; “Head of Department” means the Head of Department appointed pursuant to section 26; “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 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 Lilongwe University…

CHAPTER 26:03CHILD CARE, PROTECTION AND JUSTICE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IICHILD CARE AND PROTECTION Division 1Child Care and Protection by the Family 3. Duties and responsibilities of parents 4. Duties and responsibilities of children 5. Parentage 6. Evidence of parentage 7. Determination of parentage 8. Custody and access 9. Application for maintenance 10. Consideration for maintenance 11. Request for social inquiry report 12. Maintenance order 13. Attachment order 14. Persons entitled to receive maintenance funds 15. Duration of maintenance order 16. Continuation of maintenance orders 17. Variation or discharge of orders 18. Enforcement of maintenance orders 19. Joint responsibility to maintain a child 20. Maintenance during matrimonial proceedings 21. Power to make maintenance funds to be paid to a person other than the applicant 22. Offences Division 2Children in Need of Care and Protection 23. Determination of children in need of care and protection 24. Taking a child into place of safety 25. Presentation before child justice court 26. Child in need of medical examination 27. Medical examination and treatment 28. Hospitalization 29. Control over hospitalized children 30. Authorization of medical treatment 31. Steps to be taken after medical examination or treatment 32. No liability incurred for giving authorization 33. Duty of a medical officer 34. Duty of members of the family 35. Duty of child care provider 36. Duty of members of the community 37. Functions of child justice courts in cases of children in need of care Division 3Guardianship 38. Appointment of guardian 39. Appointment of a testamentary guardian 40. Application for the appointment of a guardian by a child or family member 41. Application for the appointment of a guardian by other persons, other than a child or a family member 42. Extension of guardianship beyond a child’s sixteenth birthday 43. Power to revoke, modify or vary a guardians order 44. Disputes between guardians 45. Offences by guardians Division 4Fosterage 46. Public foster homes 47. Private foster homes 48. Management of foster homes 49. Foster home placement 50. Responsibilities of a manager of a foster home 51. Commitment of a child to a foster parent 52. Application to foster a child 53. Responsibilities of foster parents 54. Persons qualified to foster children 55. Procedure before placement 56. Religion 57. Cultural background 58. Undertaking by foster parents 59. Medical arrangements 60. Supervising officer 61. Visits during placement 62. Marriages 63. Termination of placement 64. Surrendering a foster child 65. Illness of foster child 66. Death of foster child 67. Records 68. Application for adoption 69. Offences Division 5Support for Children by Local Authorities 70. General functions of local government authorities 71. Secretary for children affairs 72. Registration of children with disabilities 73. Duty to provide accommodation to children in need 74. Tracing of parents or guardians 75. Duty to report infringement of a child’s rights 76. Registration of births and deaths of children 77. Registration of children affected by HIV and AIDS Division 6Protection of Children from Undesirable Practices 78. Child abduction 79. Child trafficking 80. Harmful cultural practices 81. Forced marriage or betrothal 82. Pledge of a child as security 83. Offences 84. Inquiries and placements 85. Child recovery order PART IIICHILDREN SUSPECTED TO HAVE COMMITTED OFFENCES Division 1General Principles 86. Mode of pronouncing a finding against a child 87. Non-effect of a finding against a child 88. General consideration Division 2Methods of Bringing a Child Offender Before a Court or Other Inquiry 89. Arrest of a child 90. Guidelines on arrest of children 91. Summons 92. Arrest of a child by a private person 93. Reference to a probation officer 94. Police powers to caution and release Division 3Detention Before a Finding Against a Child 95. Restriction on detention before a finding against a child 96. Places of detention before a finding against a child 97. Child not to associate with adult offenders 98. Bail of children Division 4Preliminary Inquiry 99. Nature and objectives of a preliminary inquiry 100. Persons who shall attend a preliminary inquiry 101. Persons who may attend a preliminary inquiry 102. Procedure relating to holding of a preliminary inquiry 103. General powers and duties of an inquiry magistrate 104. Release or detention of a child by inquiry magistrate 105. Evidentiary matters 106. Separation and joinder of proceedings of a preliminary inquiry 107. Adjourning a preliminary inquiry 108. Failure to comply with conditions pursuant to adjournment of a preliminary inquiry 109. Failure to appear at a preliminary inquiry 110. Decisions regarding diversion, withdrawal, of prosecution charges or transfer to a child justice court 111. Procedure upon referral of matter to court Division 5Diversion 112. Diversion to occur in certain circumstances 113. Diversion options 114. Minimum standards applicable to diversion 115. Registration of diversion programmes 116. Establishment of child panels 117. Procedure of child panels 118.…

CHAPTER 46:10FINANCIAL COOPERATIVES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IILICENSING OF REGISTERED SACCOS 4. Prohibition against operating business without licence 5. Application for licence 6. Criteria for licensing 7. Issue of licence 8. Conditions of licence 9. Prohibition against transfer or assignment of licence 10. Expiry of licence 11. Suspension or revocation of licence 12. Revocation of licence not relief from obligations 13. Protection of name PART IIICONDUCT OF BUSINESS IN CERTIFIED PREMISES 14. Premises certificates 15. Business to be conducted in certified premises PART IVREGISTER OF LICENSED SACCOS 16. Register 17. Publication of licensed SACCOs 18. Evidence of Register PART VPERMISSIBLE ACTIVITIES OF SACCOS 19. Permissible services for primary SACCOs 20. Permissible services for secondary SACCOs PART VIGOVERNANCE OF SACCOS 21. Directors’ terms of office, meetings, responsibilities 22. Duties of management 23. No employee director in licensed SACCOs 24. Disclosure of fees, expenses, paid to director 25. Internal control systems PART VIIREGULATION AND SUPERVISION OF SACCOS 26. Capital requirements 27. Minimum liquid assets 28. Additional directives for SACCOs 29. Other permissible investment of funds 30. Insider lending 31. Charge against shares and savings deposit 32. Treatment of dormant accounts 33. Limits on loans and credit facilities 34. Ownership shares 35. Conduct of business 36. Disclosure of cost of borrowing 37. Exhibition of financial and other information 38. Actions requiring approval 39. Amendment of by-laws PART VIIIACCOUNTS AND AUDIT 40. Financial year 41. Accounts 42. Disclosure requirements 43. Supervisory committee 44. Duties of external auditor 45. Qualification of external auditor 46. Rectification of audited accounts 47. Accounting records and retention 48. Publication and sharing of information PART IXREMEDIAL MEASURES AND WINDING-UP OF SACCOS 49. Remedial measures 50. Winding-up PART XDEPOSIT GUARANTEE FUND 51. Establishment of Deposit Guarantee Fund 52. Appointment of Board of Trustees 53. Composition of Board of Trustees 54. Powers and functions of Board of Trustees 55. Remuneration of Board of Trustees 56. Sources of Deposit Guarantee Fund 57. Protection of deposits 58. Contribution to Deposit Guarantee Fund 59. Deposit Guarantee Fund annual report PART XIMISCELLANEOUS PROVISIONS 60. Default by officers 61. Falsification of books, and other prohibited acts 62. Employer or agent to deduct and remit 63. Fee or commission for effecting deductions 64. Voluntary mergers 65. Confidentiality 66. Money laundering transactions 67. Obstruction of the Registrar and other acts 68. General offences and penalties 69. Regulations 70. Directives and guidelines 71. Voluntary membership withdrawal from SACCO PART XIITRANSITIONAL PROVISIONS 72. Transitional provisions 73. Compliance by existing SACCOs 8 of 2011G.N. 5/2012 An Act to provide for the regulation and supervision of financial savings and credit cooperative societies and to make provision for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Financial Cooperatives Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “Appeals Committee” means the Financial Services Appeals Committee established under the Financial Services Act; “bank” has the meaning ascribed to it in the Banking Act; “body corporate” means a company or corporation incorporated under or by virtue of the laws of Malawi or of any other state, but does not include a corporation sole; “borrower” means a person who has concluded a loan agreement with a SACCO; “capital” includes unimpaired reserves, retained earnings, donations to a SACCO and permanent and non-withdrawable shares; “compulsory or collateral savings” means a sum of money which is paid to a SACCO as— (a) security; (b) partial guarantee of a loan; or (c) a precondition for a loan granted or promised to be granted at a future date to a member making the payment; “cooperative society” means an entity registered under the Cooperative Societies Act; “credit facility” means— (a) the granting by a SACCO of an advance, loan or other facility which enables a member of the SACCO, or another person at the request of the member, to access funds or financial guarantees; or (b) the incurring of an obligation by a SACCO on behalf of a member at the direction of the member; “deposit” means money entrusted to a SACCO and accepted by it for credit to a depositor’s account, without putting up any security for the deposit; “director” means a member of the board of directors of a SACCO; “dormant account” means an account that has been kept inactive for twelve months; “licence” means a licence issued in accordance with this Act; “licensee” includes a provisionally licensed SACCO; “national association” means an umbrella body of all financial cooperatives in Malawi; “officer” includes a manager of a SACCO; “ownership share” means an amount held by a member and established by the SACCO as the member’s ownership interest in the assets of the SACCO; “permanent and non-withdrawable share” means a share of a SACCO that may not be redeemable…

CHAPTER 10:02DECEASED ESTATES (WILLS, INHERITANCE AND PROTECTION) ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Application 3. Interpretation 4. Variation of customary law in relation to inheritance PART IIWILLS 5. Capacity to dispose of property by will 6. Making of wills 7. Witness under will 8. Safe custody of wills 9. Revocation and alteration of wills 10. Effect of subsequent marriage and divorce PART IIICONSTRUCTION OF WILLS 11. Intention of the testator to prevail 12. Where two constructions possible 13. Will to speak as from death 14. Technical words and terms not necessary PART IVPROVISION IN A WILL FOR THE IMMEDIATE FAMILY OF THE TESTATOR 15. Provision for members of immediate family not adequately provided for by will PART VINTESTACY 16. Property in respect of which there is intestacy 17. Principles of distribution of intestate property to immediate family and dependants 18. Inheritance of intestate property by other relations PART VISURVIVORSHIP 19. Uncertainty regarding survivorship PART VIIJURISDICTION OF COURTS AND POWERS OF CONSULAR OFFICERS 20. Jurisdiction of courts and powers of consular officers 21. Grants to Consular Officers 22. Chief Justice to make probate rules PART VIIIPROTECTION OF ESTATES PENDING GRANT 23. Receiver pending grant 24. Sale by order of court 25. Suits against receiver 26. Chief Justice to make rules for application for receiver PART IXRENUNCIATION BY EXECUTORS 27. Express renunciation of right to probate 28. Citation and presumed renunciation 29. Effects of renunciation PART XGRANT OF PROBATE AND LETTERS OF ADMINISTRATION BY THE COURT 30. Grants to corporations 31. Number of executors and administrators 32. Beneficiary may oppose appointment of executor or administrator 33. Grant of probate 34. Estate duty affidavit 35. Probate of copy, draft or contents of will 36. Codicil propounded after probate 37. Authenticated copy of will proved abroad 38. Effect of probate 39. Failure of executors 40. Attorney of absent executor 41. Attorney of person entitled to letters of administration 42. Codicil propounded after letters of administration granted 43. Letters of administration on intestacy 44. Attorney of person entitled to administration 45. Letters of administration pending production of will 46. Pending litigation 47. Trust property 48. Grants with exception 49. Grants of excepted part 50. Effects of grant of letters of administration or probate 51. Death of one of several executors or administrators 52. Death of sole or surviving executor or administrator 53. Expiry of limited grant when estate not fully administered PART XIREVOCATION AND ALTERATION OF GRANTS AND REMOVAL OF EXECUTOR AND ADMINISTRATOR 54. Rectification of errors 55. Revocation of grants and removal of executors or administrators 56. Payments by or to representatives whose grants are revoked 57. Surrender of revoked grants PART XIIRE-SEALING 58. Sealing of certain grants made outside Malawi PART XIIISMALL ESTATES 59. Application 60. Exercise of jurisdiction by magistrate courts 61. Relatives may agree between themselves 62. Private land 63. Institutional money 64. Production to court of a will and court to which application may be made 65. Administration grant 66. Effects of administration grant 67. Death or disability of administrator 68. Guardians 69. Duties and powers of administrator or executor 70. Expenditure of care and management 71. Administrator or guardian not to derive benefit 72. Exercise of powers of several administrators 73. Disputes 74. Offences by administrators and guardians 75. Subsequent discovery that estate dealt with as small estate exceeds limit of small estate 76. Chief Justice to make rules on small estates PART XIVGENERAL 77. Preservation of will and register of wills 78. Court’s discretion in matters of probate or letters of administration 79. Payment of salary or wages by employers 80. Sane murderer not to benefit from estate of victims 81. Application of Trustee Act 82. Proof of claims 83. Payments to representatives in country of domicile 84. Unlawful possession, etc., of deceased estate 85. Civic awareness 86. Regulations 87. Periodic reports by executors and administrators 88. Offences by executors and administrators PART XVTRANSITIONAL PROVISIONS 89. Repeal and savings 90. Existing rights 91. Transitional 14 of 2011 An Act to provide for the making of wills and the devolution of property under a will; the inheritance to the estates of persons dying without valid wills; the protection of deceased estates; the administration of deceased estates; the prosecution of offences relating to deceased estates; the civic education of the public; the functions of courts in relation to deceased estates and for other connected matters PART IPRELIMINARY 1. Short title This Act may be cited as the Deceased Estates (Wills, Inheritance and Protection) Act. 2. Application (1) Subject to subsection (2) this Act shall apply to the administration of estates of all persons dying domiciled, or leaving property, in Malawi on or after the date upon which it comes into operation; but any property belonging to the estate of such persons which, at the coming into…

CHAPTER 46:06SECURITIES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IIPOWERS OF THE REGISTRAR 4. Powers of the Registrar 5. Directives relating to stock exchanges PART IIISTOCK EXCHANGES 6. Prohibition against operating stock exchange without licence 7. Application for stock exchange licence 8. Management of stock exchange 9. Transitional provisions in respect of licensing of stock exchanges 10. Renewal of stock exchange licences 11. Power of the Registrar to issue directives to stock exchange 12. Power of the Registrar to close stock exchange 13. Rules of stock exchange 14. Stock exchange to assist the Registrar 15. Enforcement of rules of stock exchange 16. Prohibition against use of certain titles PART IVLICENSING OF BROKERS, DEALERS, INVESTMENT ADVISERS, PORTFOLIO MANAGERS, SECURITIES REPRESENTATIVES OR SECURITIES MARKET INTERMEDIARIES 17. Prohibition against carrying on business as a broker, etc., without licence 18. Prohibition against acting as a securities representative without licence 19. Applications for licences 20. Refusal of licence 21. Validity period of licences 22. Revocation or suspension of licences 23. Records to be kept by licensees 24. Information to be supplied by licensees 25. Renewal of Licence 26. Deposits by brokers, etc. PART VREGISTRATION OF SECURITIES 27. Securities to be registered 28. Prospectus 29. Registration statement 30. Reports of issuers 31. Reporting of information by issuer 32. Acquisition of beneficial ownership of publicly-traded securities 33. Regulation of proxy solicitation and tender offers 34. Compliance with the Companies Act PART VICONDUCT OF SECURITIES BUSINESS 35. Unlawful transactions 36. Capital and financial requirements 37. Code of conduct regarding securities business 38. Contract notes 39. Compliance with directives of the Registrar 40. Short sales 41. Trading outside stock exchange prohibited 42. Depositories, clearance and settlement 43. Accounts to be kept by licensees 44. Investment advisory contracts PART VIIIMPROPER TRADING PRACTICES 45. False trading and manipulations 46. Use of deceptive statements, etc., as inducements 47. Fraudulent transactions 48. False or misleading statements in connexion with sale of securities 49. Insider trading PART VIIISECURITIES STABILIZATION FUND 50. Establishment of the Securities Stabilization Fund 51. Establishment of the Stabilization Fund Committee 52. Purpose of the Stabilization Fund 53. Disbursement from the Stabilization Fund 54. Directives on management of Stabilization Fund 55. Liability of the Stabilization Fund to be limited 56. Recovery of fund disbursements from defaulters PART IXCOLLECTIVE INVESTMENT SCHEMES 57. Prohibition against operating as a collective investment scheme operator without licence 58. Application for licence under this part 59. Revocation or suspension of licence under this part 60. Approval of schemes 61. Transitional provisions in respect of schemes 62. Directives on collective investment schemes 63. Restrictions on promotions PART XPOWERS OF INTERVENTION 64. Administrative and monetary penalties 65. Restrictions on assets 66. Maintenance of assets in Malawi PART XIMISCELLANEOUS PROVISIONS 67. Registrar’s powers to issue directives 68. Guidance notes, etc. 69. General offences and penalties 70. Repeal and savings Schedule 20 of 2010G.N. 14/2010 An Act to provide for the regulation of capital and securities markets, and persons transacting business in or through capital and securities markets; to promote internal and external confidence in the integrity and proper functioning of the capital and securities markets; and to make provision for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Securities Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “associated person” means any person who is— (a) an officer or director of a broker, dealer, investment adviser, portfolio manager or operator of a collective investment scheme; (b) any person controlling, controlled by, or under common control with, a broker, dealer, investment adviser or portfolio manager; or (c) any securities representative or other employee of a broker, dealer, investment adviser or portfolio manager, other than employees engaged solely in clerical or ministerial functions for such broker, dealer, investment adviser or portfolio manager; “beneficial owner” means a person who, directly or indirectly, possesses or shares investment or voting power with respect to a security; “broker” means any person engaged in the business of buying or selling securities for the account of others, but does not include an employee acting within the scope of his duties; “collective investment scheme” means any arrangement made with respect to securities or property of any description under which— (a) provision is made for participation by persons taking part in the arrangement to participate in profits or income and capital gains arising from the acquisition, holding, management or disposal of property, excluding securities held in majority owned subsidiaries which themselves are not collective investment schemes; (b) property which is the subject of the arrangement is owned by a body corporate or held in trust by a body corporate; and (c) the interests of persons participating in the arrangement are represented by shares of the body corporate or in the…

CHAPTER 46:08MICROFINANCE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application 4. Exemptions PART IIREGISTRATION AND LICENSING Division IMicrofinance Service Providers 5. Prohibition against carrying on microfinance business without certificate or licence 6. Registration or licensing under the Financial Services Act 7. Products and services under other laws 8. Issue of certificate, etc. 9. Business to be conducted in approved premises 10. Restriction on transfer, etc. of certificate, etc. 11. Expiry of a certificate, etc. 12. Suspension or revocation of certificate, etc. 13. Registered, licensed or approved person, etc. to honor obligations Division IIMicrofinance Institutions 14. Primary business of microfinance institution 15. Microfinance institution may offer services through an agent 16. Prudential regulation of non-deposit-taking microfinance institution 17. Microfinance institution not limited by shares to prioritize creditors Division IIIDeposit-taking Microfinance Institutions 18. Deposit-taking microfinance institutions to be limited by shares 19. Inspections of premises 20. Deposit-taking microfinance institutions to operate in designated places PART IIIMICROFINANCE REGISTER 21. Register 22. Inspection of Register 23. Evidence in Register PART IVGOVERNANCE OF A MICROFINANCE INSTITUTION Division IMicrocredit Agencies 24. Minimum governance standards for microcredit agencies Division IIMicrofinance Institutions 25. Board of a microfinance institution 26. Actions requiring prior approval 27. Management of a microfinance institution 28. Disqualification from appointment 29. Internal control systems 30. Inconsistency with other laws Division IIIDeposit-taking Microfinance Institutions 31. Ownership 32. Control of a deposit-taking microfinance institution PART VMICROFINANCE OPERATIONS Division IMicrofinance Service Providers 33. Conduct of business 34. Disclosure of terms of credit and savings products Division IIMicrofinance Institutions 35. Display of information 36. Minimum and other capital requirements 37. Additional directives for microfinance institutions 38. Insider lending 39. Limits on loans Division IIIOther Licensed Financial Institutions 40. Separation of operations and portfolios 41. Divisions I and II to apply to other licensed financial institutions PART VIACCOUNTS AND AUDIT Division IMicrofinance Service Providers 42. Financial year 43. Accounts Division IIMicrofinance Institutions 44. Auditors of a microfinance institution PART VIIREGULATION AND SUPERVISION OF MICROFINANCE INSTITUTIONS Division IMicrocredit Agencies 45. Information disclosure by microcredit agencies Division IILicensed Microfinance Institutions 46. Reporting requirements for microfinance institutions Division IIIOther Licensed Financial Institutions 47. Section 40 to apply to other licensed financial institutions PART VIIIREMEDIAL MEASURES AND WINDING-UP OF MICROFINANCE SERVICE PROVIDERS Division IMicrofinance Service Providers 48. Remedial measures Division IINon-deposit-taking Microfinance Institutions and Microcredit Agencies 49. Winding-up of non-deposit-taking microfinance institution or microcredit agency Division IIIPrudentially Regulated Microfinance Institutions 50. Winding-up of prudentially regulated microfinance institutions PART IXMISCELLANEOUS PROVISIONS 51. False documents 52. Confidentiality 53. Money laundering transactions 54. Obstruction of the Registrar, etc. 55. General offences and penalties 56. Regulations 57. Directives and guidelines PART XTRANSITIONAL PROVISIONS 58. Compliance by existing microfinance service providers 21 of 2010G.N. 15/2010 An Act to provide for the regulation and supervision of microfinance services and to make provision for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Microfinance Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “bank” has the meaning ascribed to it in the Banking Act; “branchless service” means any microfinance service, as defined in this Act, which is offered by a microfinance service provider or an agent on behalf of a licensed financial institution, where the licensed institution is authorized to provide the service and is wholly responsible for its lawful provision to the same extent as if offering the service directly; “capital” includes paid up capital and unimpaired reserves; “certificate” means a certificate of registration issued under this Act; “company” has the meaning ascribed to it in the Companies Act; “compulsory savings” means a sum of money which is paid as security, as a partial guarantee or as a precondition for a loan granted or promised at a future date to be granted to the person making the payment; “de facto control of a microfinance institution” means direct or indirect influence that results in the person having predominant decision-making power over the business or financial operations of the microfinance institution and includes powers exercisable over another microfinance institution by virtue of such influence; “de jure control of a microfinance institution” means beneficial ownership of more than 50% of any class of the issued voting shares of a microfinance institution; “deposit” means a sum of money received or paid on terms under which it will be repaid, with or without interest or a premium, and on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the person receiving it except that the following shall not qualify as deposits for the purposes of this Act— (a) any sum of money which is paid by way of advance or part payment under a contract for the sale, hire or other provision of property or services, where…

CHAPTER 46:09CREDIT REFERENCE BUREAU ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IILICENSING 4. Prohibition against operating credit reference bureau business without licence 5. Application for licence 6. Criteria for licensing 7. Refusal to grant licence 8. Revocation of licence 9. Expiry of licence 10. Renewal of licence 11. Register of credit reference bureaux 12. Operational requirements PART IIIOPERATIONS OF A CREDIT REFERENCE BUREAU 13. Collection of information 13A. Submission of information by financial institutions 13B. Financial institutions to update credit information on monthly basis 13C. Exemption from legal suit for submission of credit information 14. Dissemination of credit information 14A. Financial institutions to obtain credit history before issuing loans to customers 15. Data security and system integrity 16. Accuracy of data provided 17. Actions requiring prior approval 18. Prohibition of access for direct marketing 19. Submission of information to Registrar 20. Inspection by the Registrar 21. Retention of data 22. Fees 23. Rights of account holders 24. Illegal or inaccurate information 25. Claim against information providers 26. Claims and enquiries department 27. Information requirement 28. Warning and revocation of licence for non-compliance 29. Immunity of credit reference bureau, etc. PART IVWINDING-UP 30. Approval of winding-up PART VMISCELLANEOUS PROVISIONS 31. Offences relating to information, etc. 32. General offences and penalties 33. Regulations 34. Directives, guidelines and instructions 18 of 20106 of 2016G.N. 13/2010 An Act to provide for the regulation and supervision of credit reference bureau business and to make provision for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Credit Reference Bureau Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “account holder” means any person whose credit information is administered by a credit reference bureau; “credit facility” includes financing by means of loans, overdrafts, credit cards, factoring, leasing, hire purchase, accepting of trade and other bills, discounting of such bills and notes, the opening or confirming of documentary credit, the issue of letters of standby credit, guarantee or surety, the undertaking to pay on account of another person, and such other similar undertakings as may be prescribed by the Registrar from time to time; “credit reference bureau” means a company that allows users to exchange information on their clients’ repayment history and current debt profiles and which compiles a database that collects, stores, consolidates and processes information related to credit history of persons; “credit reference bureau business” means the business of compiling and processing credit information and disseminating credit information among users for their businesses; “credit information” means the history of a person with regard to credit and financial obligations that a credit reference bureau may collect pursuant to this Act; “database” means a set of information administered by a credit reference bureau; “financial services law” has the meaning ascribed to it in the Financial Services Act and includes this Act; “information provider” means an institution or any person required under the Act or as prescribed by the Minister pursuant to section 13 to submit credit information or data to a credit reference bureau; “person” includes any company or association or body of persons, corporate or unincorporated; “Registrar” means the Registrar of Financial Institutions appointed under the Financial Services Act; “Reserve Bank” means the Reserve Bank of Malawi established under the Reserve Bank of Malawi Act; “user” means any financial institution entitled, or any person authorized, to access credit information from a credit reference bureau. (2) Subject to subsection (1) and except where a contrary intention appears, expressions used in this Act shall have the same respective meanings as in the Financial Services Act. 3. Application This Act shall apply, in addition to the Financial Services Act, to all persons conducting credit reference bureau business except to the extent that such persons are exempted by the Registrar pursuant to his authority under the Financial Services Act. PART IILICENSING 4. Prohibition against operating credit reference bureau business without licence (1) No person shall conduct credit reference bureau business unless he is licensed as a credit reference bureau under the Financial Services Act. (2) No person, other than a limited liability company, shall be licensed as a credit reference bureau. 5. Application for licence (1) An applicant for a licence to operate a credit reference bureau shall submit an application in writing in a form prescribed by the Registrar under the Financial Services Act, and containing such information as the Registrar may specify. (2) An application under subsection (1) shall be accompanied by such fee as the Registrar may specify. 6. Criteria for licensing In considering an application for a licence to operate a credit reference bureau, the Registrar shall, in addition to the requirements stipulated under the Financial Services Act, take into account the following factors— (a) the background, reputation,…

CHAPTER 47:01INSURANCE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Principal object of this Act 4. Application of the Financial Services Act 5. Licensing and registration procedures PART IIINSURERS 6. Categories and classes of insurance 7. Insurers to be licensed 8. Registration criteria 9. Reasons for rejecting an application for a licence 10. Commencement of business 11. Suspension and revocation of licences 12. Revocation of licence on ceasing to carry on business 13. Margin of solvency sufficient for the purposes of carrying on insurance business PART IIIPROVISIONS GOVERNING THE CARRYING ON OF INSURANCE BUSINESS BY INSURERS 14. Application of Part III 15. Insurers to maintain principal office and appoint principal officer 16. Reinsurance 17. Reinsurance contracts of insurers 18. Insurance business to be placed within Malawi 19. Annual financial statements 20. Request for audit by shareholders 21. Audit for external reinsurer 22. Appointment of an actuary PART IVSPECIAL PROVISIONS GOVERNING THE CARRYING ON OF LIFE INSURANCE BUSINESS BY INSURERS 23. Application of Part IV 24. Life insurers carrying on business other than life insurance business 25. Actuaries of life insurers 26. Assets of insurer may include shares in holding company PART VLICENSING OF INSURANCE BROKERS 27. Insurance brokers to be licensed 28. Insurance brokers to maintain professional indemnity and fidelity insurance policies 29. Termination of an insurance broker’s appointment 30. Revocation of licence at the request of an insurance broker, etc. 31. Trust funds 32. Directives for insurance brokers PART VILICENSING OF AGENTS FOR BROKERS 33. Agents for brokers to be licensed 34. Licensing for agents for brokers, etc. 35. Misrepresentation prohibited 36. Termination of agency 37. Agent for broker 38. Suspension and revocation of insurance agent’s for brokers licences PART VIILICENSING OF INSURANCE AGENTS 39. Insurance agents to be licensed 40. Licensing insurance agents, etc. 41. Misrepresentation prohibited 42. Termination of agency 43. Agent for insurer 44. Suspension and revocation of insurance agents’ licences PART VIIICOLLECTION OF PREMIUMS BY BROKERS OR AGENTS 45. Interpretation of terms in Part VIII 46. Collection of premiums PART IXLICENSING OF LOSS ASSESSORS/ADJUSTORS, AND CLAIMS SETTLING AGENTS 47. Loss assessors/adjustors and claims settling agents to be licensed 48. Licensing loss assessors/adjustors and claims settling agents PART XINVESTMENTS, LOANS AND OWNERSHIP 49. Investments and lending policies 50. Approval of investments 51. Acquiring ownership interest 52. Investment of assets 53. Prudential limits 54. Disposal of loans and investments 55. Restriction of control 56. Amalgamation or transfer of insurance business PART XIWINDING-UP OF INSURANCE COMPANIES 57. Companies Act to apply 58. Winding-up of an insurance company 59. Rights of an insured person 60. Distribution of insurer’s assets 61. Unclaimed money PART XIIMISCELLANEOUS PROVISIONS 62. Other actions requiring prior approval of the Registrar 63. Disqualification of directors 64. Insurers to appoint licensed agents or brokers 65. Settlement of claims by insurers 66. Service of process against insurers 67. Action by policy-owners against insurers 68. Deposit of approved securities 69. Documents to be signed and accompanied by copies 70. Sums insured, etc., to be stated in currency of Malawi 71. Default of an insurer, etc., not to invalidate policy 72. Policies to be printed in clearly legible letters, etc. 73. Persons acting on behalf of unlicensed insurers 74. References to insurance companies in other written laws 75. Inconsistency with the Companies Act 76. Contravention of this Act, regulations, or directives 77. Penalties 78. Regulations 79. Compliance with this Act 80. Repeal and savings CHAPTER 47:01INSURANCE 9 of 2010G.N. 12/2010 An Act to provide for the supervision and regulation of the insurance industry and for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Insurance Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “agent for brokers” means a person acting as an agent for a broker; “approved securities” means securities issued by the Government and such other securities as the Registrar may approve; “chairperson”, includes an individual presiding over a board of directors or other governing body; “executive officer”, means any person who is an officer of an insurer, insurance broker or insurance agent, including the chief executive officer, deputy chief executive officer, financial controller, actuary, underwriting manager, claims manager (or their equivalents), and any other person who, alone or together with one or more others, has the authority to enter into commitments for the account of the licensed institution; “existing insurer”, in relation to an applicant for a licence as an insurer, means an applicant who is, at the date of his application for licence, carrying on insurance business inside or outside Malawi; “external re-insurer” means a reinsurer whose head office is not in Malawi; “Financial Services Act” means the Financial Services Act; “financial services law” bears the same meaning ascribed thereto in the Financial Services Act; “financial year”, in relation to…

CHAPTER 13:01POLICE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IICONSTITUTION AND ADMINISTRATION OF THE MALAWI POLICE SERVICE 3. The Malawi Police Service 4. General functions of the Police Service 5. Constitution of the Police Service 6. Order of precedence, command and seniority among officers 7. General powers of the Inspector General 8. Police standing orders 9. High Command of the Police Service 10. Delegation by Inspector General 11. Administration of the Police Service 12. Officer in-charge of police to keep prescribed books and to be responsible for stores PART IIIPOLICE SERVICE COMMISSION 13. Functions 14. Powers 15. Privilege of members 16. Enforcement of attendance, etc. 17. Failure to appear or to produce documents before the Commission 18. Improper disclosure 19. Improper influence and false information 20. Secretary and staff 21. Meetings of the Police Service Commission 22. Decisions of the Police Service Commission 23. Dissent 24. Minutes 25. Attendance expenses and allowances 26. Commission to hear Inspector General 27. Irregular representations 28. Oath of office 29. Character of Police Service as part of public service 30. Regulations in relation to the powers and functions of the Police Service Commission PART IVAPPOINTMENT AND TERMINATION OF APPOINTMENT OF POLICE OFFICERS 31. Appointment of police officers 32. Arms and accoutrements to be delivered up on ceasing to belong to the Police Service 33. Police officers not to engage in other employment PART VPOWERS, DUTIES AND PRIVILEGES OF POLICE OFFICERS 34. General powers and duties of police officers 35. Search by police officers 36. Power to take measurements, photographs, footprints and casts thereof 37. Power to lay information 38. No fee to be chargeable on bail bonds taken by police 39. Power of police officers to inspect licences, permits and other authorizations, and to inspect vehicles 40. Duty to keep order on public roads 41. Road barriers 42. Prohibition or restriction of traffic 43. Imposition of curfews 44. Power to use firearms 45. Power to seize weapons 46. Attendance of witnesses 47. Disposal of unclaimed property 48. Non-liability for act done under authority of warrant 49. Notice of action or prosecution against a police officer 50. Salary, benefits, etc., of a police officer not to be attached for money PART VIDISCIPLINE 51. Disciplinary Code of Conduct—offences by police officers triable by criminal courts 52. Disciplinary Code of Conduct—offences against discipline by police officer 53. Exercise of disciplinary powers over police officers 54. Methods of dealing with offences against discipline 55. Establishment of disciplinary committees 56. Functions, composition and procedure of the National Police Disciplinary Committee 57. Functions, composition and procedure of a subordinate police disciplinary committee 58. Independence of police disciplinary committees 59. Power to summon and examine witnesses and to adjourn inquiry 60. Punishments for offences against discipline 61. Summary dealing in certain cases 62. Suspended punishment 63. Appeals from a police disciplinary committee 64. Decisions of the National Police Disciplinary Committee and the Police Service Commission on appeal 65. Appeals to the High Court 66. Power of arrest and remand for offences 67. Criminal proceedings to take precedence over disciplinary proceedings 68. Power of interdiction 69. Dismissal of a police officer convicted of a criminal offence 70. Pay not to accrue during absence without leave or imprisonment 71. Fines to be recovered by stoppage of pay 72. Damage to or loss of equipment 73. Pension rights lost by dismissal 74. Membership of trade union prohibited 75. Mode of complaint by a police officer 76. Evidence to prove a disciplinary charge to be presented by police prosecutors 77. Jurisdiction of ordinary courts not affected PART VIIPOLICE REWARDS AND FINES FUND 78. Establishment of Police Rewards and Fines Fund 79. Rewards to police officers as informers payable to the Fund PART VIIIMALAWI POLICE RESERVE 80. Establishment of Police Reserve 81. Engagement and declaration 82. Inspector General to have command 83. Calling-up 84. Annual training 85. Disciplinary powers over pay of reserve members on calling-up and training 86. Annual retainer 87. Discharge 88. Uniforms, equipment, arras, etc. 89. Notification of change of address 90. General offences 91. Discharge on conviction PART IXREGULATION OF ASSEMBLIES AND DEMONSTRATIONS 92. Interpretation 93. Appointment of convener and authorized persons 94. Functions and duties of a convener 95. Functions and duties of a District Commissioner or persons authorized by him 96. Notice of assembly or demonstration 97. Information regarding a proposed assembly or demonstration of which notice has not been given 98. Consultations, negotiations and amendments of notices 99. Refusal of, and conditions regarding, an assembly or a demonstration 100. Procedure on postponement or cancellation of an assembly or demonstration 101. Prevention and prohibition of an assembly or a demonstration 102. Review and appeals 103. Assembly or demonstration and assembly in the vicinity of Parliament, State Residences and courts 104. Conduct of assemblies and demonstrations,…