Laws of Malawi

Category: Subsidiary Legislation

Fully Consolidated and Annotated - 2024

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MALAWI NATIONAL COUNCIL OF SPORTS: SUBSIDIARY LEGISLATION

MALAWI NATIONAL COUNCIL OF SPORTS: SUBSIDIARY LEGISLATION MALAWI NATIONAL COUNCIL OF SPORTS (REGISTRATION OF NATIONAL SPORTS ASSOCIATIONS) REGULATIONS under s. 22 G.N. 96/1974 1. Short title These Regulations may be cited as the Malawi National Council of Sports (Registration of National Sports Associations) Regulations. 2. Application for registration of national sports association (1) Every application for registration of any national sports association pursuant to section 19 (2) of the Act, shall be made to the Council and shall be in Form ‘A’ in the First Schedule hereto. (2) There shall be submitted together with every application under sub-regulation (1) the appropriate fee prescribed therefor in the Second Schedule. 3. Certificate of registration Upon registration of any national sports association the Council shall issue to such national sports association a certificate in Form ‘B’ in the First Schedule hereto. 4. Notification of change in particulars of national sports association Whenever any change in any of the particulars contained in any application made under regulation 3 of these Regulations or in the memorandum and articles constitution or rules of the Association occurs, notice of such change shall within 30 days after such change has been effected be communicated by the appropriate national sports association to the Council who shall cause the Register or its records, or both, as the case may be, to be amended accordingly. 5. Notice of dissolution of association (1) Any national sports association registered under these Regulations which is dissolved shall notify the Council of such dissolution. (2) Such notice of dissolution shall be in Form ‘C’ in the First Schedule hereto. 6. Appointment of temporary members (1) All documents required to be submitted under the Act and under these Regulations for the purpose of registration of any such document at the office of any national sports association shall be retained by the Council and shall be public documents. (2) Any member of the public may, on payment of the appropriate fee prescribed therefor in the second Schedule, inspect any such document at the office of the Council during normal working hours or may obtain a copy thereof from the Council, certified by the Secretary as being—true copy of the said document. 7. Fees All fees payable under these Regulations shall be paid to the Council. FIRST SCHEDULE FORM ‘‘A’’ MALAWI NATIONAL COUNCIL OF SPORTS ACT (CAP. 30:05) To: THE MALAWI NATIONAL COUNCIL OF SPORTS APPLICATION FOR REGISTRATION OF A NATIONAL SPORTS ASSOCIATION The ……………………………………………………………, being a national sports association, hereby applies for registration under the Malawi National Council of Sports Act, and submit the following particulars— 1. Name of the association ………………………………………………………….. 2. Postal Address ……………………………………………………………………….. 3. Class of Sport promoted ………………………………………………………….. 4. Names of current office bearers and their designations ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. 5. Tenure of office of office bearers ……………………………………………… 6. Names of organizations and clubs affiliated to the Association …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… 7. Present working capital of the association …………………………………. 8. Association’s bank …………………………………………………………………. 9. Name and address of person authorized to accept service of proceedings etc., on behalf of the association ………………………………………………………………………………………………………………………………………………………………………………………………………………………… 10. Date association (established incorporated (delete where not applicable) in Malawi) ………………………………………………………….. 11. One copy of the (Memorandum and Articles of Association Constitution Rules (delete where not applicable) of the association, is submitted herewith). Dated this ……………. day of ………………., 197……… …………………………………………………. Chairman …………………………………………………. Secretary …………………………………………………. Treasurer FORM ‘‘B’’ MALAWI NATIONAL COUNCIL OF SPORTS ACT (CAP.30:05) CERTIFICATE OF REGISTRATION This is to certify that ………………………………………………………… is registered in the Register of Malawi National Sports Association as a national sports association, pursuant to section 19 of the Malawi National Council of Sports Act. Dated this ……………….. day of …………………………., 197……… …………………………………………………. Secretary Malawi National Council of Sports Registered No. ………………………….. FORM ‘‘C’’ MALAWI NATIONAL COUNCIL OF SPORTS ACT (CAP.30:05) NOTICE OF REGISTRATION To: The Malawi National Council of Sports Whereas the …………………………………………………………………… (name of Association) registered in the Register of the Malawi National Council of Sports pursuant to section 19 of the Malawi National Council of Sports Act under Number ………………………………………………….. in the said Register has ceased to exist as a National Sports Association. Now we, the undersigned hereby give notice on behalf of ………………………………………………………………………………………………………….(name of National Sports Association) that the aforesaid Association ceased to exist as such as from the …………………………………………. day of ………………………, 197……………. save for the purpose of winding up its business. Dated this ………………… day of …………………………….., 197………. Signed by 3 office bearers …………………………………………………. Chairman …………………………………………………. Secretary …………………………………………………. Treasurer SECOND SCHEDULE FEES K t (1) Application for registration 5 00 (2) Inspection of documents 0 50

WAR GRAVES: SUBSIDIARY LEGISLATION

WAR GRAVES: SUBSIDIARY LEGISLATION WAR GRAVES (CONTROL OF WAR GRAVES) NOTICE under s. 3 G.N. 130/1987 1. Citation This Notice may be cited as the War Graves (Control of War Graves) Notice. 2. Commission to control war graves For the purposes of paragraph (a) of section 3 of the Act, the control of the war graves listed in the Schedule is hereby vested in the Commission. (para. 2) SCHEDULE 1.—MANGOCHI CEMETERY Bingham, S/Serjeant T. Bligh, Vol. A. Brown, Driver I. Browning, Serjeant Herbert John Bryne, S/Serjeant J. Cawley, Driver H. Clachan, Captain William James Clack, Private Sidney Arthur Cook, Serjeant R. A. Cousins, Serjeant Alfred Henry Valentine Crocker, Driver H. R. Davidson, Driver J. Donnelly, S. M. J. Dutoit, Driver D. Edwards, Serjeant B. C. Fairbairn, Sapper F. S. Ferreira, Driver S. Fowler, Captain Alexander George Garrard, Major P. Habets, Father J. Garbert, Serjeant W. J. A. Huggan, Lieutenant Robert Elliot Hughes, Serjeant W. J. Hutchinson, Lieutenant Percy Lynn Johnson, S/Serjeant F. Jones, Private F. Julius, Corporal J. R. Kelly, Lieutenant Robert Houston Lane, Driver A. E. Leyshon, Captain T. St. L. Lutz, Vol. J. F. McCue, Driver W. Maciver, Captain Kenneth Ogg Mackenzie Mardon, Lieutenant A. W. L. Meyer, Private Michael Milne, Captain Arthur James Minshall, Vol. J. Myles, Captain John Adam Whitson Douglas Mynhardt, Driver J. J. Parish, C. S. M. H. Penso, Signaller Francesco Ramsay, Serjeant A. Read, T/Lieutenant S. T. Reid, Signaller James Reynard Salvator, Sister Schemelzer, Driver R. Sell, C. S. M. Charles William Smith, Captain Valentine Herbert Thomson, Signaller John Alexander Tofts, Lieutenant Charles Frank Valentine, Private J. Viljoen, Driver H. Vollenhoven, Corporal E. Waller, Driver B. H. Warn, Lieutenant Archibald Herbert Webb, S/Serjeant L. M. M. Wheatley, Serjeant Arthur William Wiggall, C.Q.M.S. Charles Herbert Williams, Driver H. Wilson, Mechanic J. 2.—ZOMBA CLASS ‘A’ PUBLIC CEMETERY Adams, Driver W. Andrews, C.Q.M.S. C. Armes, Serjeant Charles William Thomas Bachelin, Private Paul Barnes, Driver A. Barthels, Julius Bettle, Nursing Sister Hilda Maud Boardman, Private L. Botha, Mechanic W. J. B. Cameron, Private K. J. Clarke, Serjeant B. E. Cole, S.M. W. G. Cocks, Serjeant Ronald Douglas, Captain Kenneth Mackenzie Elliot, Mechanic R. J. Ellis, Driver P. Erasmus, Driver G. Frost, Driver A. A. Garnet, Driver A. A. Gerald, Driver H. Girdlestone, Serjeant Colin Tibbs Goldburg, S.M. S. Grant, Serjeant William Bland Griffin, Corporal R. A. Hallett, Serjeant T. H. Heyns, S/Serjeant P. H. Z. Hitchcock, Serjeant C. J. Irvine, Private W. Jacobs, Driver Gabriel G. Johnson, Driver C. V. Kehoe, Serjeant J. Laverton, Rifleman J. Lawson, Private A. Lehman, Driver E. Lessing, Private Nicholas Stephanes Lothian, Serjeant J. McDonald, Sapper J. Makin, Mechanic A. D. Malloch, Private P. Mann, Lieutenant Horace Moffat, Serjeant Tom Dickson Murton, Private Alfred Henry Musgrave, Serjeant Gerald Harry Neilson, Driver N. Okey, Sapper F. H. Penny, S/Serjeant J. A. Potten, Corporal H. E. Pugh, Captain E. R. Radford, Lieutenant Charles Oates Ranier, Mechanic J. H. Sheed, Serjeant Charles Frederick Shires, Driver R. Spouse, S/Serjeant F. H. Style, Driver H. Thatcher, Mechanic J. H. Vickers, Driver D. Williamson, Sapper J. T. Winter, Serjeant A. P. De L. Wright, Paymaster Francis Stanton Sillas 3.—BLANTYRE CHURCH OF CENTRAL AFRICA PRESBYTERIAN CEMETERY Bamusi Masapi, Private Beck, S/Serjeant J. C. Brophy, Private N. Donaldson, Corporal W. W. Engelbrecht, Private G. P. Ezau, Private D. Fynn, Driver B. Gardner, Serjeant David Mitchell Gibson, Driver J. A. Glover, Rifleman George Martin Goodreau, Bglr. George H. Hughes, Private A. Johnson, Private O. P. Kelly, Private G. R. Kirsten, Captain Andrew Peter Klass, Private J. Lifred Bechili, Private Mackenzie, Lieutenant Ian Russell, D.S.O. Mandy, Rifleman C. J. Meyer, Private Avie Mudd, Serjeant A. T. Parrott, Private J. Pennikett, Private J. A. Prook, Herman Gunter Randall, Private John Edward Ross, Private H. M. Schneider, Eric Sparks, C.S.M. A. M. Springfield, Private S. Uhlmann, Mrs. Elizabeth Auguste Williams, Private J. Williams, Private Jacob 4.—LIMBE TOWNSHIP CEMETERY Copland, Serjeant John Hay 5.—KARONGA WAR CEMETERY Alexander, Scout A. D. S. Ascot, Voltr. V. F. D. Caldecott, Captain J. L. Campbell, Voltr. G. Cruise, Captain M. R. Cruise, Captain M. R. Dumelow, Voltr. L. Garnett, Lieutenant P. N. Haig, C.Q.M.S. E. Manning, Voltr. G. E. Merriman, Voltr. G. Moorhead, Lieutenant Colonel G. O. Yorman, Clr. Serjeant Gravmann, N.C.O. Harnoss, Voltr. Klein, N.C.O. Meyer, Voltr. Roth, N.C.O. Stein, N.C.O. M. 6.—ZOMBA K.A.R. CANTONMENT CEMETERY AND ZOMBA MEMORIAL

EDUCATION: SUBSIDIARY LEGISLATION

EDUCATION: SUBSIDIARY LEGISLATION EDUCATION (BOARD OF GOVERNORS OF PUBLIC SECONDARY SCHOOLS AND COLLEGES) ORDER ARRANGEMENT OF PARAGRAPHS PARAGRAPH PART IPRELIMINARY 1. Citation 2. Scope of application PART IIBOARD OF GOVERNORS 3. Establishment of Boards of Governors for secondary schools and colleges 4. Composition of the Board of Governors 5. Co-opted members 6. Tenure of office 7. Vacation office of a member 8. Removal of a member at the instance of the Board 9. Filling of vacancies 10. Ordinary meetings of the Board 11. Powers of a Board of Governors 12. Duties and functions of a Board of Governors 13. Duties of head teachers for secondary schools and principals of colleges 14. Situation of a Board of Governors SCHEDULE G.N. 39/2017 EDUCATION (BOARD OF GOVERNORS OF PUBLIC SECONDARY SCHOOLS AND COLLEGES) ORDER under s. 25 (2) PART IPRELIMINARY 1. Citation This Order may be cited as the Education (Board of Governors of Public Secondary Schools and Colleges) Order. 2. Scope of application This Order shall apply to the public secondary schools and colleges listed in the Schedule. PART IIBOARD OF GOVERNORS 3. Establishment of Boards of Governors for secondary schools and colleges (1) There is hereby established a Board of Governors for each of the secondary schools and colleges listed in the Schedule (hereinafter referred to as the “Board of Governors”), which shall have such powers and functions as specified in this Order. (2) A Board of Governors shall not— (a) have perpetual succession; (b) sue or be sued in its name; and (c) have power to enter into contracts or own land. 4. Composition of the Board of Governors (1) A Board of Governors shall be composed of the following eleven members appointed by the Minister, subject to paragraph (2)— (a) the Chairperson who shall be elected by the members at its first meeting convened by the Minister; (b) five other persons with technical qualifications and experience in matters of education, finance and administration: Provided that not less than two and not more four of the persons so appointed shall be of same sex; (c) the following ex officio members— (i) one parent representative identified by a committee of head teachers in a cluster; (ii) one representative of the community identified by a committee of head teachers; (iii) the District Education Manager or his representative, conversant with education matters; (iv) the Chairperson of District Education Committee or his representative who shall be a member of the Education Committee; and (v) the District Commissioner or his representative, conversant with education matters. (2) A person shall only be eligible to be appointed as a member of a Board of Governors if he holds a minimum of a diploma in any field from a recognized or accredited education institution. (3) Save for ex officio members, a person shall not serve as a member of a Board of Governors for more than two schools or colleges. 5. Co-opted members A Board of Governors shall co-opt a member for the reasons of fulfilling a specific issue under consideration. 6. Tenure of office A member of a Board of Governors, other than an ex official member, shall serve for a period of three years or until such earlier date as may, at the time of appointment, be determined by the Minister and may be eligible for reappointment for one more term. 7. Vacation office of a member The office of a member of a Board of Governors, other than an ex officio member, shall become vacant— (a) if he resigns upon giving a notice to the Chairperson of not less than twenty-one days; (b) upon his death; (c) if he has been absent from two consecutive meetings of the Board of Governors, of which he has had prior notice, without a reasonable cause; or (d) if he is convicted of acts of misconduct. 8. Removal of a member at the instance of the Board A Board of Governors may, through a simple majority resolution, recommend to the Minister the removal from membership of the Board any member based on reasonable grounds of which the member has written notice of at least twenty-one days. 9. Filling of vacancies A vacancy on the membership of a Board of Governors shall be filled by the appointment of a new member by the Minister in accordance with paragraph 4. 10. Ordinary meetings of the Board (1) A Board of Governors shall hold its ordinary meeting at least once every year, at such places and times as the Chairperson may determine. (2) The meeting referred to in subparagraph (1) shall be convened to— (a) discuss matters pertaining to the management of the schools or colleges including approval of budget annual budget estimates; (b) receive and approve progress reports; or (c) review school or college performance against set improvement plans. (3) The…

NATIONAL ARCHIVES: SUBSIDIARY LEGISLATION

NATIONAL ARCHIVES: SUBSIDIARY LEGISLATION NATIONAL ARCHIVES (FEES FOR USE OF DOCUMENTS) REGULATIONS under s. 25 G.N. 126/1987 1. These Regulations may be cited as the National Archives (Fees for use of Documents) Regulations. 2. The fees payable for obtaining a permit for the use of documents in the National Archives shall be in accordance with the fees specified in the Schedule— SCHEDULE r. 2 FEES K t (a) Foreign researchers— (i) for a permit for a period not exceeding 12 months 20 00 (ii) for renewal of the permit specified in paragraph (i) for a period not exceeding 12 months 10 00 (b) Local researchers, for a period not exceeding 12 months 2 00 4 of 1989 4 of 1989

CHANGE OF NAME (RESTRICTION): SUBSIDIARY LEGISLATION

CHANGE OF NAME (RESTRICTION): SUBSIDIARY LEGISLATION CHANGE OF NAME (RESTRICTION) REGULATIONS under s. 12 G.N. 20/1972 1. Citation These Regulations may be cited as the Change of Name (Restriction) Regulations. 2. Form of notice advertising application The form of notice of application to be published in an issue of a newspaper under section 5 of the Act shall be that set out in the First Schedule. 3. Form of application under section 5 The form of application to be made to the Minister under section 5 of the Act shall be that set out in the Second Schedule. 4. Form of statutory declaration in support of application The form of statutory declaration required under section 5 of the Act to accompany and support an application under that section shall be that set out in the Third Schedule. 5. Form of Gazette notice giving particulars of Minister’s approval The form of the notice to be published in the Gazette giving particulars of the approval of the Minister of an application made to him under section 5 of the Act shall be that set out in the Fourth Schedule. 6. Applications by women Any woman who applies under section 5 of the Act to the Minister shall describe herself in the relevant application as a spinster, married woman, unmarried woman or widow as the case may be. In the case of a woman whose marriage has been dissolved by a court order or decree, she shall describe herself as an unmarried woman and give particulars of the date on which, and the place at which, the court order was made and the court which made it. Where the applicant is a married woman she shall furnish with her application a written consent by her husband to her proposed change of name: Provided that the Minister may dispense with such consent if he is satisfied that there is a good reason why such consent may not be obtained. 7. Fees The fees set out in the second column of the Fifth Schedule shall be payable for the matters and things set out in the first column of such Schedule. FIRST SCHEDULE CHANGE OF NAME (RESTRICTION) ACT (CAP. 24:02) CHANGE OF NAME (RESTRICTION) REGULATIONS (REGULATION 2) NOTICE OF INTENDED APPLICATION FOR APPROVAL TO CHANGE OF NAME I, presently ordinarily known by the name *All names set out in this Notice must be printed in block capital letters……………………………… give notice that after the expiration of two weeks from the date of the publication of this notice it is my intention to apply to the Minister under section 5 of the above mentioned Act for approval to change my name to*All names set out in this Notice must be printed in block capital letters……………………………………………………………………………….. †Delete if inapplicable or modify to enable particulars to be fully given as indicated for all persons included in the applicationand also for the following changes in the names of members of my family— RelationshipPresent NameIntended Name Wife…………………………………………………… First born son…………………………………………………… Adopted son…………………………………………………… ANY PERSON Wishing to Object to such Application must within the said two weeks forward particulars in writing of such objection and the reasons for it to— The Honourable the Minister responsible for applications under the Change of Name (Restriction) Act, Office of the President and Cabinet, Zomba. Signed at …………………………. this ……………………. day of …………………….. 19 ……….. SECOND SCHEDULE ‘‘A’’ CHANGE OF NAME (RESTRICTION) ACT (CAP. 24:02) CHANGE OF NAME (RESTRICTION) REGULATIONS (REGULATION 3) FORM OF APPLICATION FOR APPROVAL TO CHANGE OF NAME To: The Honourable the Minister responsible for Applications under the Change of Name (Restriction) Act, Office of the President and Cabinet, Zomba. 1. I, ordinarily known by the name …………………………………………………………………………………………………………………. on the operative date applicable to me under the Act ( *and presently ordinarily known as ……………………………………. by virtue of the approval of the Minister responsible given under this Act on …………………….. and published as Gazette Notice No. ……………………………) of ……………………. Village, Chief …………………………, …………………………. District, hereby apply for the approval of the Minister responsible to my ceasing to use, and being known by, my said name and to my assuming, using and being known by the new name of ……………………….. from such time as it may become lawful for me so to do. 2. The reasons for my wishing to change my name are as follows— ……………………………………………………………………………………………………………….. 3. In addition to the approval aforesaid I apply for like approval to the following member(s) of my family ceasing to use, or being known by the names by which he/she/they were ordinarily known on the respective operative date(s) applicable to them, namely— RelationshipNameDate of Birth Wife……………………………………………. First born son……………………………………………. Second born son……………………………………………. Third born son……………………………………………. Adopted son……………………………………………. First born daughter……………………………………………. Second born daughter……………………………………………. Third born daughter……………………………………………. Adopted daughter……………………………………………. Relationship Remoter issue……………………………………………. ……………………………………………. ……………………………………………. and to his/her/their…

ADOPTION OF CHILDREN: SUBSIDIARY LEGISLATION

ADOPTION OF CHILDREN: SUBSIDIARY LEGISLATION ADOPTION OF CHILDREN (SUBORDINATE COURTS) RULES under s. 9 G.N. 136/194947/196875/196987/1980 1. Citation These Rules may be cited as the Adoption of Children (Subordinate Courts) Rules. 2. Interpretation In these Rules, unless the contrary intention appears— ‘‘the Act’’ means the Adoption of Children Act; ‘‘the court’’ means the subordinate court having jurisdiction under section 9 of the Act; ‘‘the magistrate’’ means the magistrate of the court; ‘‘the infant’’ means the child proposed for adoption; ‘‘the petitioner’’ means the person or persons applying for the adoption. 3. Application to be by petition An application for an adoption order shall be made by petition to the court intituled in the matter of the Act and in the matter of the infant. The proposed adopter shall be the petitioner. The petition shall be in accordance with Form No. 1 in the Schedule with such variations as the circumstances may require. 4. Who are to be served The petition shall be served on— (a) the parent or parents of the infant; (b) the guardian or guardians of the infant; (c) the person or persons having the actual custody of the infant; (d) the person or persons liable to contribute to the support of the infant, but the magistrate may in his discretion dispense with service on any of those persons, and may in his discretion order the petition to be served on any other person. 5. Consents in writing Every consent required under section 3 (3) and (4) of the Act shall be in writing and shall be in accordance with Form No. 2 in the Schedule and shall be attested by one witness. 6. Mode of service Every petition or other document shall be served by being posted in a prepaid registered envelope addressed to the person to be served, unless the court otherwise directs, and shall at the expiration of such period of time as may to the court seem proper from the time of posting be deemed to have been served, unless the contrary appears. The service of every petition, notice or other document not served by the court shall be verified by affidavit, unless the magistrate otherwise directs. 7. Verification by affidavit The petition shall be verified by affidavit paragraph by paragraph. There shall be exhibited to the affidavit all certificates, consents and other documents proper for proving the allegations in the petition. Evidence shall be by affidavit, unless the magistrate thinks proper to direct evidence to be given orally, which he shall have power to do. 8. Guardian ad litem The infant shall be a respondent to the petition. As soon as practicable after the filing of the petition, the magistrate shall appoint a guardian ad litem to the infant, and shall thereupon cause the petition to be served on the guardian ad litem. 9. Notice of hearing When a guardian ad litem has been appointed, the magistrate shall appoint a day for the hearing of the petition, and shall give notice to all parties, including the guardian ad litem, of the day so appointed. The notice shall be served seven clear days before the day appointed for the hearing and shall be in accordance with Form No. 3 in the Schedule. 10. Secrecy All documents filed in the court shall be confidential, and shall be kept secret. Every petition and every application shall be heard and determined in camera. 11. Copies of order No copy or duplicate of any order made by the court shall be given to or served upon any person other than the petitioner and the Registrar General of Births and Deaths, unless the High Court or the magistrate otherwise directs. 12. Duty of guardian ad litem It shall be the duty of the guardian ad litem to investigate as fully as possible all the circumstances of the infant and the petitioner, and all other matters relevant to the proposed adoption with a view to safeguarding the interests of the infant, and, in particular, it shall be his duty to include in his investigation the following questions: (a) whether the statements in the petition are true; (b) whether any payment or other reward in consideration of the adoption has been received or agreed upon and whether it is consistent with the welfare of the infant; (c) whether the means and status of the petitioner are such as to enable him to maintain and bring up the infant suitably, and what right to or interest in property the infant has; (d) what insurance, if any, has been effected on the life of the infant; (e) whether it is desirable for the welfare of the infant that the court should be asked to make an interim order or to impose in making an adoption order any particular terms or conditions or to…

PHYSICAL PLANNING: SUBSIDIARY LEGISLATION

PHYSICAL PLANNING: SUBSIDIARY LEGISLATION PHYSICAL PLANNING (PHYSICAL PLANNERS) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIREGISTRATION OF PHYSICAL PLANNERS 3. Procedure for registration 4. Documents in support of application 5. Acceptance or refusal of registration 6. Registration fees 7. List of registered planners to be published in the Gazette 8. Notification of change of address PART IIICODE OF CONDUCT OF PHYSICAL PLANNERS 9. Primary obligations of planners 10. Competence and other considerations 11. Avoidance of unfair competition 12. Conflict of interest generally 13. Disclosure of confidential information permitted in some circumstances 14. Inquiry into misconduct FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE G.N. 29/2020 PHYSICAL PLANNING (PHYSICAL PLANNERS) REGULATIONS under s. 99 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Physical Planning (Physical Planners) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Board” means the Physical Planners Board established under section 73 of the Act; and “Registrar” means the Registrar appointed under section 82 of the Act. PART IIREGISTRATION OF PHYSICAL PLANNERS 3. Procedure for registration (1) An applicant for registration as a physical planner shall complete and sign the form set out in the First Schedule. (2) An application under this regulation shall be submitted to the Registrar. (3) An applicant shall pay to the Board at the time of lodging his application the application fee under the Second Schedule. 4. Documents in support of application An application for registration shall be supported by— (a) a statutory declaration made by the applicant in the form set out in the Third Schedule; (b) certified copies of any degrees, postgraduate diplomas or certificates on which the applicant relies as qualifications for registration; or (c) in the case of an applicant for registration whose name has changed since the grant of his qualification, the legal document which provides evidence of such change of name. 5. Acceptance or refusal of registration (1) The Board may accept or reject an application for registration or renewal of registration. (2) The Board may reject an application if, in its opinion the applicant, notwithstanding the fact that he is otherwise qualified, is not a fit and proper person to be registered because of— (a) physical or mental health; (b) bad character and reputation; (c) inadequate knowledge of the English language; or (d) prior misconduct. (3) An applicant shall have an opportunity to be heard in support of his application. (4) Where the Board— (a) accepts an application for registration under these Regulations, it shall issue to the applicant a registration certificate in the form prescribed in the Fourth Schedule; and (b) rejects an application for registration or renewal of registration, it shall give reasons for the rejection in writing. 6. Registration fees (1) An application fee for registration as a physical planner shall not be refundable. (2) Registration fees shall be payable annually not later than 30th June of each year. (3) Where the registration fees or any part thereof remain unpaid for more than thirty days after the due date, a penalty of fifty per cent of the amount due shall be imposed and shall become part of the amount due and payable. (4) There shall be no reduction, proportionate or otherwise, in the amount of the fee payable even if the remaining period to the next 31st March from the date of registration or from the date of payment of the amount due is less than twelve months. 7. List of registered planners to be published in the Gazette The Registrar shall, soon after 30th June of each year, publish in the Gazette a copy of the register containing a list of all registered physical planners, as prescribed in the Fifth Schedule. 8. Notification of change of address Every physical planner shall notify the Registrar of any change in his business or correspondence address, as the case may be, within fourteen days of the change. PART IIICODE OF CONDUCT OF PHYSICAL PLANNERS 9. Primary obligations of planners A physical planner shall— (a) conduct himself in such a manner as to uphold the reputation of the profession; (b) discharge his duties with fairness and impartiality to the public, his employer and clients with efficiency, competence and confidentiality, without undue delay; (c) exercise care in the performance of his duties, including adherence to workplace safety obligations and responsibilities; and (d) not engage in conduct involving dishonesty, fraud, deceit, corruption or misrepresentation. 10. Competence and other considerations A physical planner shall— (a) only undertake work for the execution of which his training and experience have rendered him competent and employ only adequately qualified personnel as demanded by the task for which he is employed; (b) maintain, develop and employ appropriate levels of knowledge and skills for the task for which he is employed; (c)…

NATIONAL REGISTRATION: SUBSIDIARY LEGISLATION

NATIONAL REGISTRATION: SUBSIDIARY LEGISLATION NATIONAL REGISTRATION REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIREGISTRATION IN THE NATIONAL REGISTER 3. Application for registration in the national register 4. Particulars accompanying application 5. Verification of particulars 6. Photographs 7. Fingerprints 8. Investigations by the Director 9. Proof of registration 10. Late application for registration in the national register 11. Assignment of identification number on an identity card 12. Issuance of identity cards 13. Particulars and size of an identity card 14. Correction, cancellation and replacement of an identity card 15. Loss and replacement of an identity card 16. Surrender or seizure of an identity card 17. Secrecy 18. Fingerprints to be proof of ownership of identity card 19. National register PART IIIREGISTRATION OF BIRTH AND ADOPTED CHILDREN 20. Reporting of birth 21. Particulars accompanying birth report 22. Signing of a birth report 23. Verification of particulars of birth 24. Birth reports to be forwarded to the Director 25. Registration of births on board ships and aircrafts 26. Birth certificate 27. Monthly returns of births 28. Birth of more than one child 29. Adopted children register 30. Notice of birth of child born out of wedlock 31. Alteration of name of a child 32. Form of birth certificate PART IVREGISTRATION OF DEATHS 33. Death registration 34. Particulars accompanying death report 35. Verification of death particulars 36. Return of identity card of a deceased person 37. Hospital Death Report 38. Death report to be forwarded to the Director 39. Death certificate 40. Monthly returns of deaths PART VREGISTRATION OF MARRIAGES 41. Registration of marriages 42. Particulars accompanying report of marriage 43. Verification of particulars and supporting documents 44. Marriage reports to be forwarded to the Director 45. Certificate of registration of marriage 46. Monthly returns of marriage registration 47. Cancellation of marriage registration PART VIREGISTRATION ABROAD 48. Registration abroad 49. Verification of particulars and supporting documents 50. Registration of births, deaths and marriages abroad PART VIIROLES AND RESPONSIBILITIES OF THE TRADITIONAL LEADERS, DISTRICT REGISTRARS, THE DIRECTOR 51. Functions of the Director 52. Functions of district registrars or authorized persons 53. Functions of Traditional Authorities 54. Functions of village headmen and group village headmen PART VIIIMISCELLANEOUS PROVISIONS 55. Acknowledgment of applications 56. Inspection of registers 57. Place and times for delivery of applications 58. Monthly reports by hospitals and health facilities 59. Transitional arrangements SCHEDULE G.N. 38/2015 NATIONAL REGISTRATION REGULATIONS under s. 47 PART IPRELIMINARY 1. Citation These Regulations, may be cited as the National Registration Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “authorized person” means a person or class of persons appointed by the Minister by notice published in the Gazette, to perform the functions of a district registrar; “birth report” means a report of birth, made pursuant to regulation 20, containing prescribed particulars; “cleric” means a recognized cleric, Minister of a religion, religious body, denomination or sect, of a place of worship of a registered religious body; “death report” means a report of death made pursuant to regulation 33 containing prescribed particulars; “district register” means a register maintained by each district registrar; “Director” means the Director of National Registration appointed under section 4 of the Act; “identity card” means an identity card issued in accordance with section 13 of the Act; “marriage report” means a report of marriage, made pursuant to regulation 42, containing the prescribed particulars; “national register” means the register maintained by the Director under section 7 of the Act; “prescribed particulars” means— (a) with regard to a birth, the sex, name, date and place of birth, the names, residence, occupations and nationality of the parents and such other particulars as the Minister may prescribe; (b) with regard to a marriage, the names, nationality, conditions, occupations, ages, dwelling or place of abode of the bridegroom and bride and such other particulars as the Minister may prescribe; and (c) with regard to a death, the name, age, sex, place of residence, length of residence in Malawi, occupation and nationality of the deceased, the date, place and cause of death, and such other particulars as the Minister may prescribe. PART IIREGISTRATION IN THE NATIONAL REGISTER 3. Application for registration in the national register (1) A person seeking to be registered in the national register shall submit an application to the district registrar. (2) Where the applicant is a non-Malawian citizen or is a citizen of Malawi by naturalization or registration, he shall submit the application to the district registrar which shall be accompanied by an application fee in the Schedule hereto. Schedule (3) An application for national registration shall be in Form NR1 in the Schedule hereto for citizens of Malawi, and Form NR2 in the Schedule hereto. Schedule (4) An application for registration in the national register shall be submitted to the district…

CENSORSHIP AND CONTROL OF ENTERTAINMENTS: SUBSIDIARY LEGISLATION

CENSORSHIP AND CONTROL OF ENTERTAINMENTS: SUBSIDIARY LEGISLATION CENSORSHIP AND CONTROL OF ENTERTAINMENTS (MAKING OF CINEMATOGRAPH PICTURES) RULES under s. 34 G.N. 204/196854/198463/1993 1. Citation These Rules may be cited as the Censorship and Control of Entertainments (Making of Cinematograph Pictures) Rules. 2. Form of film permit The form of film permit to be issued under section 21 of the Act, shall be as set forth in the Schedule. G.N. 63/1993 3. Fees The fee payable upon issue of a film permit shall be— (a) in the case of a documentary film K350 00 (b) in the case of a feature film K500 00 4. Saving Sections 19, 20, 21 and 22 of the Act, shall not apply to Government Departments, bona fide tourists and residents taking cinematograph pictures for Government purpose or their own private use. SCHEDULE r. 2 CENSORSHIP AND CONTROL OF ENTERTAINMENTS ACT (CAP. 21:01) Film Permit (section 21) Permission is hereby given to …………………………………………… of the (name in full) following address ……………………………………………………… to make a cinematograph picture according to the description contained in the attached memorandum, and subject to the requirements of sections 19, 20, 21 and 22 of the Censorship and Control of Entertainments Act. Date …………………………………………………… for: The Board of Censors Signature: ……………………………….. Name: …………………………………….. Title: ………………………………………. Censorship and Control of Entertainments (Making of Cinematograph Pictures) Rules CENSORSHIP AND CONTROL OF ENTERTAINMENTS (CONTROL OF THEATRES) RULES under s. 34 G.N. 205/196893/198162/1993 1. Citation These Rules may be cited as the Censorship and Control of Entertainments (Control of Theatres) Rules. G.N. 93/1993 2. Aisles The aisles in a theatre shall not be less than 1,065 millimetres in width and shall be widened to the full width of the exit for a distance of not less than 1,830 millimetres from such exit. Where seating is provided for more than 200 persons, the width of the aisles shall be increased over and above 1,065 millimetres by 40 millimetres for every 1,520 millimetres of the overall length of such aisles: Provided that where an exit door of 1,520 millimetres in width is used in accordance with rules 3 (10), aisles leading directly to such exit door shall be not less than 1,370 millimetres in width. G.N. 93/1981 3. Doors (1) Entrance and exit doors of any theatre shall not be less than 1,065 millimetres in width. (2) Doors used for exit purposes shall open outwards and shall be neither locked nor bolted during performances. (3) External exit doors used by the public in any theatre seating more than 200 persons shall not be fitted with any locks or fastenings other than panic bolts of a type approved by the inspector. Such panic bolts shall be fixed on the inside of the external exit doors in such a manner as to be easily and immediately opened by pressure from the inside on a horizontal bar or panel. (4) Internal doors used by the public for exit purposes shall have no locks, bolts or other fastenings except such as are used for holding them in an open position, but may be fitted with spring hinges. (5) Separate entrances shall be provided for the stage and dressing rooms. (6) Exit doors shall open directly on to the open air or on to a passage or landing leading by an unobstructed way directly to the open air. No exit door shall open directly on to a stairway. (7) Exit points from a theatre shall be so placed as to give unobstructed and clear access to the street. (8) (a) All exits shall be clearly marked on the inside with the word “EXIT” in letters of not less than 150 millimetres in height; (b) in any theatre where the lights are dimmed or extinguished at any time whilst the public is present all “EXIT” signs shall be adequately illuminated by an approved means. (9) Any theatre providing seating on more than one floor level shall have not less than two exits situated as far apart as practicable on each floor. In no case shall such exits be less than 6,100 millimetres apart on any floor level. (10) Where more than two exits are required on any floor level one exit door of 1,520 millimetres in width may be provided in lieu of any two doors of 1,065 millimetres in width: Provided that the maximum travel distance from any point in a theatre to the nearest door shall not be greater than 18,300 millimetres. (11) In no case shall passages, landings or staircases leading from exit doors to the open air be less in width than the width of the exit door. G.N. 93/1981 4. Staircases and passages (1) The treads of each flight of stairs in any theatre shall be of uniform width, not less than 280 millimetres wide and with risers not more…