Laws of Malawi

Category: Subsidiary Legislation

Fully Consolidated and Annotated - 2024

Muli bwanji!Lilongwe

REFUGEES: SUBSIDIARY LEGISLATION

REFUGEES: SUBSIDIARY LEGISLATION REFUGEE REGULATIONS under s.13 G.N. 51/1990 1. Citation These Regulations may be cited as the Refugee Regulations. 2. Procedure on application for refugee status in Malawi (1) Subject to subregulation (3), a person seeking refugee status in Malawi shall make his application therefor in Form I set out in the Schedule. (2) An applicant for refugee status shall provide the Committee with any further information that the Committee may require in his particular case. (3) Subregulation (1) shall not apply to any group of foreign nationals seeking refugee status in Malawi, in respect of whom the Minister has, under section 7 (3) of the Act, directed that a group determination procedure shall apply. 3. Processing of applications (1) On receipt of an application for refugee status, the Committee shall, within thirty days of the date on which the application is received by the Committee, consider the application and make such inquiry or investigation respecting the applicant as the Committee considers necessary and thereafter grant refugee status or deny the grant of refugee status to the applicant and, without undue delay, notify the applicant of its decision in writing. (2) The Committee shall not make a decision denying the grant of refugee status to any applicant without first giving to the applicant an opportunity of being heard and of presenting evidence. (3) Where the Committee has decided to deny a grant of refugee status it shall forthwith inform the applicant of the right of appeal to the Minister against the decision of the Committee. 4. Cancellation or revocation of decision granting refugee status (1) The Committee shall not cancel or revoke its decision granting refugee status to any person without first giving that person an opportunity of being heard and of presenting evidence. (2) Where the Committee has decided to cancel or revoke its decision granting refugee status to any person, it shall forthwith inform that person of the right of appeal to the Minister against the decision of the Committee. 5. Procedures for appeal to the Minister (1) An appeal to the Minister against a decision of the Committee shall be brought by giving notice of appeal in Form II set out in the Schedule. (2) On receipt of the notice of appeal against a decision of the Committee, the Minister shall— (a) consider and determine the appeal; or (b) require the attendance of the person making the appeal before the Minister or order such person to provide to the Minister in writing such further information as the Minister may require and thereafter determine the appeal. 6. Quorum and decisions at meetings of the Committee At any meeting of the Committee— (a) a quorum shall be formed by any four members; and (b) a decision of the Committee on any matter shall be that of the majority of the members present and voting and in the event of an equality of votes, the Chairman or the Vice-Chairman, as the case may be, shall have a casting vote in addition to his deliberative vote. 7. Convention travel document (1) A person enjoying refugee status in Malawi, who desires to travel abroad, may apply in writing in Form III set out in the Schedule to the Chief Immigration Officer for a convention travel document to be issued to him. (2) On receipt of an application for a convention travel document, the Chief Immigration Officer may, after consulting the Representative of the United Nations High Commissioner for Refugees in Malawi, issue to the applicant a convention travel document in Form IV set out in the Schedule. 8. Assistance to applicants for refugee status in Malawi (1) The immigration officer or other competent officer shall, at a place and time a person crosses the border into Malawi for the purpose of seeking refugee status, inform that person of the right to approach the Representative of the United Nations High Commissioner for Refugees in Malawi for assistance. (2) Subject to subregulation (3), the Committee shall inform the Representative of the United Nations High Commissioner for Refugees in Malawi of the persons who have entered Malawi and have submitted applications for refugee status and the Committee shall do so within thirty days of the date of receipt of each application. (3) In case of persons who have entered Malawi as refugees in accordance with a group determination procedure, the Committee and the Representative of the United Nations High Commissioner for Refugees shall jointly ascertain the numbers and particulars of such persons in accordance with a procedure therefor to be determined by the Committee. reg. 2 (1); 5 (1); and 7 (1) and (2) (reg. 2 (1)) SCHEDULE FORM I REPUBLIC OF MALAWI REFUGEE ACT (Cap. 15:04) REFUGEE REGULATIONS APPLICATION FOR REFUGEE STATUS IN MALAWI (To be submitted to the Chairman, Refugee Committee, Private…

IMMUNITIES AND PRIVILEGES: SUBSIDIARY LEGISLATION

IMMUNITIES AND PRIVILEGES: SUBSIDIARY LEGISLATION IMMUNITIES AND PRIVILEGES (UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT) ORDER under s. 24 (1) G.N. 40/1987 1. Citation This Order may be cited as the Immunities and Privileges (United States Agency for International Development) Order. 2. Interpretation In this Order— “United States Agency for International Development” (hereinafter referred to as “USAID”) means a Mission in Malawi of USAID, an Organization specified in the Fourth Schedule to the Act. 3. Immunities, privileges and legal capacities of USAID USAID shall have all the immunities and privileges set out in Part I of the Fifth Schedule to the Act and shall also have all the legal capacities of a body corporate. 4. Immunities and privileges of representatives and staff of USAID There are hereby conferred upon such persons, not being citizens of, or permanently resident in, Malawi, as USAID may in writing to the Minister of External Affairs designate by name as being— (a) representatives of USAID or holders of such high offices of USAID as shall be specified in such writing, all the immunities and privileges set out in Part II of the Fifth Schedule to the Act; (b) officers or servants of USAID of such class as shall be specified in such writing, all the immunities and privileges set out in Part III of the Fifth Schedule to the Act. IMMUNITIES AND PRIVILEGES (MULTI-COUNTRY POSTS AND TELECOMMUNICATIONS TRAINING CENTRE) ORDER under s. 24 (1) G.N. 131/1987 1. Citation This Order may be cited as the Immunities and Privileges (Multi-Country Posts and Telecommunications Training Centre) Order. 2. Immunities, privileges and legal capacities of the Centre The Multi-country Posts and Telecommunications Training Centre (hereinafter referred to as the “Centre”) shall have all the immunities and privileges set out in Part I of the Fifth Schedule to the Act and shall also have all the legal capacities of a body corporate. G.N. 77/1989 3. Immunities and privileges of representatives and staff of the Centre There are hereby conferred upon such persons as the Centre may in writing to the Minister of External Affairs designate by name as being— (a) representatives of the Centre or holders of such high offices of the Centre as shall be specified in such writing, all the immunities and privileges set out in Part II of the Fifth Schedule to the Act; (b) officers or servants of the Centre of such class as shall be specified in such writing, all the immunities and privileges set out in Part III of the Fifth Schedule to the Act. IMMUNITIES AND PRIVILEGES (WORLD BANK RESIDENT MISSION) ORDER under s. 24 (3) G.N. 77/1986 1. Citation This Order may be cited as the Immunities and Privileges (World Bank Resident Mission) Order. 2. Interpretation In this Order— “Resident Mission” means the Resident Mission in Malawi of the World Bank, an organization specified in the Fourth Schedule to the Act.” 3. Immunities, privileges and legal capacities of the Resident Mission The Resident Mission shall have all the immunities and privileges set out in Part I of the Fifth Schedule to the Act, and shall also have all the legal capacities of a body corporate. 4. Immunities and privileges of representatives and staff of the Resident Mission There are hereby conferred upon such persons, not being citizens of, or permanently resident in, Malawi, as the World Bank may in writing to the Minister of Finance designate by name as being— (a) representatives of the Resident Mission or holders of such high offices of the Resident Mission as shall be specified in such writing, all the immunities and privileges set out in Part II of the Fifth Schedule to the Act; (b) officers or servants of the Resident Mission of such class as shall be specified in such writing, all the immunities and privileges set out in Part III of the Fifth Schedule to the Act. IMMUNITIES AND PRIVILEGES (INTERNATIONAL COUNCIL FOR RESEARCH IN AGROFORESTRY) ORDER under s. 24 (1) G.N. 52/1988 1. Citation This Order may be cited as the Immunities and Privileges (International Council For Research in Agroforestry) Order. 2. Interpretation In this Order— “International Council for Research in Agroforestry” (hereinafter referred to as “ICRAF”) means Mission in Malawi of ICRAF, an Organization specified in the Fourth Schedule to the Act. 3. Immunities, privileges and legal capacities of ICRAF ICRAF shall have all the immunities and privileges set out in Part I of the Fifth Schedule to the Act and shall also have all the capacities of a body corporate. 4. Immunities and privileges of representatives and staff of ICRAF There are hereby conferred upon such persons, not being citizens of, or permanently resident in Malawi, as ICRAF may in writing to the Minister of External Affairs designate by name as being— (a) representatives of ICRAF or holders of such high…

FIREARMS: SUBSIDIARY LEGISLATION

FIREARMS: SUBSIDIARY LEGISLATION NOTICE OF DELEGATION OF POWERS under s. 10 (7) G.N. 58/1972 With the approval of the Minister, the Registrar of Firearms has delegated all the powers to grant permits authorizing the acquisition or transfer of ammunition conferred upon him by subsection (6) of section 10 of the Act in respect of each District in Malawi to the District Commissioner for the time being of each such District respectively upon and subject to the condition that no such District Commissioner shall under the powers so delegated to him grant to any one person authority enabling him to acquire in any one year more than 100 rounds of shotgun ammunition or more than 200 rounds of airgun ammunition. FIREARMS (PROHIBITED WEAPONS) ORDER under s. 16 G.N. 210/1969 1. Citation This Order may be cited as the Firearms (Prohibited Weapons) Order. 2. Prohibited weapons The types of weapons listed in the Schedule hereto are considered to be undesirable in the public interest and the carrying or possession by any person of such types of weapons is hereby prohibited. SCHEDULE Any shotgun with a barrel length of less than 20 inches. Any shotgun which is capable of firing more than two rounds without reloading. Any rifle of .303 calibre other than a bolt-action rifle licensed for target shooting under regulation 10 of the Firearms Rules. G.N. 49/1968 Any rifle of 7.62 mm. calibre other than a bolt-action rifle licensed for target shooting under regulation 10 of the Firearms Rules. FIREARMS RULES under s. 23 G.N. 49/1968209/196924/1972145/198130/2011 PART IPRELIMINARY 1. Citation These Rules may be cited as the Firearms Rules. 2. Interpretation In these Rules, unless the context otherwise requires— “approved” means approved in writing by the Registrar of Firearms; “magazine” means a building approved for the storage of firearms or ammunition; “officer in charge of police” bears the meaning ascribed to that term by section 2 of the Police Act; “Pistol Club” means any approved body of persons associated for the purpose of target shooting with pistols and licensed as a dealer under section 6 of the Act; “Rifle Club” means any approved body of persons associated for the purpose of target shooting with rifles, or with rifles and pistols, and licensed as a dealer under section 6 of the Act; “tourist” means any person, not being a permanent resident of Malawi, who enters Malawi for a period not exceeding six calendar months. 3. Fees The fees set out in the First Schedule shall be payable for the respective matters therein specified: Provided that the Minister may, in his discretion, exempt any person from any fee payable under these Rules. 4. Forms The forms set out in the Second Schedule shall be used for those purposes of the Act, or of these Rules, indicated thereon. PART IIIMPORTATION AND EXPORTATION OF FIREARMS AND AMMUNITION 5. Permit to import firearms, when issued (1) No permit to import any firearm or ammunition shall be granted to any person, other than a tourist or a licensed firearms dealer, unless such person is in possession of a valid firearm permit to acquire such firearm or ammunition issued under section 10 of the Act. (2) A permit to import a firearm or ammunition may be granted to a tourist if the Registrar of Firearms is satisfied that— (a) such person was duly authorized by law to possess such firearm or ammunition in his country of residence or in the country from which he has imported them; and (b) that the arms or ammunition are for the personal use of such tourist while he is touring in Malawi. (3) A permit issued to a tourist under subrule (2) shall be deemed to be permission by the Registrar of Firearms for such tourist to acquire or have transferred to him the firearm and ammunition therein specified. PART IIIIDENTIFICATION AND STORAGE OF FIREARMS AND AMMUNITION 6. Identification marks (1) No licensed dealer shall transfer to any person any firearm unless such firearm bears a mark of identification. (2) Every licensed dealer shall maintain equipment for the purpose of stamping marks of identification on firearms in accordance with this rule. (3) If any licensed dealer comes into possession of any firearm which does not bear an identifying mark made under this rule, he shall forthwith stamp such mark on the firearm causing no more injury to the firearm than is unavoidable. (4) Every licensed dealer shall maintain a register of marks of identification in the form prescribed in which he will enter particulars of the marks of identification stamped by him, together with the make, type and calibre of the firearm stamped, the name and address of the person to whom such firearm or part is transferred and the mark of identification of the firearm to which a part so stamped…

EXPLOSIVES: SUBSIDIARY LEGISLATION

EXPLOSIVES: SUBSIDIARY LEGISLATION EXPLOSIVES REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Exceptions PART IRESPONSIBILITY FOR OBSERVANCE 4. Observance of Regulations 5. Appointment of competent persons PART IIPERMITS AND LICENCES 6. Import permits 7. Applications for import permits 8. Licences to manufacture 9. Dealers’ licences 10. Applications for dealers’ licences 11. Sale limited to persons with permit to possess 12. Register of explosives 13. Records and returns 14. Prohibition of sale of defective explosives 15. Storage licences 16. Suspension of storage licence 17. Authorized storage boxes 18. Temporary storage 18A. Transporter of explosives to have copy of licence PART IIICONSTRUCTION OF MAGAZINES 19. Approval to be obtained before construction 20. Construction of magazines PART IVMANAGEMENT OF MAGAZINES 21. Magazine masters 22. Articles which shall be kept in a magazine 23. Articles which may not be kept in a magazine 24. Forms to be kept in or near a magazine 25. Floors to be kept clean 26. Protection from fires 27. Restrictions on persons entering magazines 28. Stacking explosives 29. Care in handling explosives 30. Loitering near magazine 31. Illegal entry into magazine 32. Closing down magazine 33. Duties of licence holder PART VAMMONIUM NITRATE 34. Application and definition 35. No permit or licence required for certain purposes 36. Records to be kept 37. Construction of stores for ammonium nitrate 38. Method of storage 39. Storage precautions PART VIBLASTING LICENCES 40. Appointment of shot firers 41. Applications for blasting licences 42. Issue of blasting licences 43. Suspension of blasting licences 44. Custody of blasting licence 45. Blasting licence not transferable PART VIIHANDLING EXPLOSIVES 46. Safe transport and handling of explosives 47. Secretion of explosives 48. Persons allowed to assist shot firer 49. Primers and charges 50. Drill holes 51. Thunderstorms 52. Persons allowed to assist shot firers during charging 53. Tamping rods 54. Stemming 55. Preparation of charges 56. Use of blasting cartridges PART VIIIFIRING AND MISFIRES 57. Shot firers and foreman shot firers 57A. Foreman shot firer and shot firer to maintain records 58. Precautions before firing 59. Electrical firing apparatus 60. Precautions in electrical firing 61. Precautions after firing 62. Suspected misfires 63. Misfires 64. All clear signal PART IXSPECIAL UNDERGROUND REGULATIONS 65. This Part to prevail 66. Definition 67. Foremen 68. Return after blasting 69. Safety of working place 70. Examination before drilling 71. Explosives storage 72. Smoking and lights 73. Restrictions on transport and charging 74. Electric cables 75. Position of firing cable 76. Cleaning holes 77. Testing water-blast 78. Operation of water-blast PART XDANGEROUS PRACTICES AND ACCIDENTS 79. Dangerous practices 80. Precautions to prevent accidents 81. Reporting accidents PART XIPENALTIES 82. General penalty EXPLOSIVES REGULATIONS under s.23 G.N. 285/197182/1978113/1982107/198553/2023 1. Citation These Regulations may be cited as the Explosives Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “capped fuse” means a length of safety fuse to one end of which a detonator has been attached; “detonating fuse” means a cord-like device used in blasting operations containing an explosive which will explode at high velocity when suitably initiated by a detonator, such explosion initiating explosions in other lengths of detonating fuses or other explosives in close proximity; “direct supervision” means that the person being supervised is within normal sight or hearing of the person supervising; “Form” means one of the forms set out in the First Schedule; “magazine” means any building or structure used or intended to be used for the storage of explosives; “manager” means the person responsible for the management of the site at which any blasting operations are carried out; “misfire” means a drill hole or part thereof in which the blasting material, or any portion thereof, charged into the hole has failed to explode; “primer” means a cartridge into which the detonator of a capped fuse, or electric detonator has been inserted; “Registrar of Firearms” means the Registrar of Firearms appointed under the Firearms Act; “safety fuse” means a fuse for blasting which burns and does not explode, and which does not contain its own means of ignition, and which is of such strength and construction, and contains an explosive in such quantity that the burning of such fuse will not communicate laterally with other like fuses; “shot firer” means a person who is the holder of a valid blasting licence issued by the Chief Inspector, and who has been authorized in writing by his employer to undertake blasting operations; “socket” means any portion of a hole which may remain after all the blasting materials charged into the hole have exploded and which is proved by examination not to be a misfire; “stemming” means any inert material described in regulation 54 (1) used as a filling in blast holes; “tamping” means the consolidation of stemming and explosives in a blast hole. 3. Exceptions Except as may otherwise be…

MALAWI CITIZENSHIP: SUBSIDIARY LEGISLATION

MALAWI CITIZENSHIP: SUBSIDIARY LEGISLATION MALAWI CITIZENSHIP (PRESCRIBED LANGUAGES) REGULATIONS under s. 34 G.N. 222/1966206/1968 1. Citation These Regulations may be cited as the Malawi Citizenship (Prescribed Languages) Regulations. 2. Prescribed languages The vernacular languages prescribed for the purposes of section 13 (1) (b), section 17 (1) (b) and section 21 (1) (b) of the Act shall be any one or more of the languages named in the Schedule. SCHEDULE Chichewa Chitumbuka Chiyao Chinkhonde Chitonga MALAWI CITIZENSHIP (FORMS AND FEES) REGULATIONS under s. 34 G.N. 221/196619/201121/2014 1. Citation These Regulations may be cited as the Malawi Citizenship (Forms and Fees) Regulations. 2. Forms The forms set out in the First Schedule shall be used for the purposes for which they are designed with such variations as the circumstances of a particular case may require. 3. Supporting evidence Every application shall be supported by such evidence of the statements made therein as may be required on the application form or in the Malawi Citizenship Act. 4. Fees The fees set out in the Second Schedule shall be paid for the matters respectively specified therein: Provided that the Deputy Chief Immigration Officer may in his discretion refund fees if an application cannot be considered. FIRST SCHEDULE GOVERNMENT OF MALAWIMALAWI CITIZENSHIP ACT (CAP. 15:01) APPLICATION BY A COMMONWEALTH CITIZEN OR A DECLARED CITIZEN OR RESIDENT FOR REGISTRATION AS A CITIZEN OF MALAWI (under Section 13 or 14) PART I Application 1. I, ……………………………………………………………………………………………. of ……………………………………………………………………………………………………. hereby apply for registration as a citizen of Malawi under section 13/14* of the Malawi Citizenship Act on the grounds that I am a citizen/resident* of ……………………………………………………………………………………., of full age and capacity, and that— Full names and address in block capitals (a) I am ordinarily resident in Malawi, and have been so resident for a period of five years; and (b) I have an adequate knowledge of a prescribed vernacular language/of the English language*; and (c) I am of good character; and (d) I would be a suitable citizen of Malawi. Dated at ………………………. this …………. day of ………………….. 19 ……….. Signature of Applicant *Delete whichever is inapplicable. PART II Particulars Relating to Application 2. Full names 3. Address 4. Place and date of birth 5. Profession or occupation 6. Present nationality or citizenship …………………………………………………………………………………………………… 7. Date of entry in Malawi to take up ordinary residence …………………………………………………………………………………………………… 8. Present Passport: Issued at ……………………………….. No. ……………. 9. (a) Marital status (never married, now married, widowed, divorced) (b) If divorced give place and date of decree 10. (a) Name of wife or husband (b) Address (if dead, give place and date of death) (c) Nationality (if dead, give nationality at time of death) 11. (a) Father’s full name living/dead* (b) Address (if dead, give last address) (c) Nationality (if dead, give nationality at time of death) 12. (a) Mother’s full name living/dead* (b) Address (if dead, give last address) (c) Nationality (if dead, give nationality at time of death) 13. Evidence submitted of citizenship of Commonwealth country or evidence submitted of declared citizenship or residence …………………………………………………………………………………………………… 14. Evidence submitted of previous residence in Malawi …………………………………………………………………………………………………… 15. Languages known …………………………………………………………………………………………………… 16. Particulars of any criminal proceedings taken against the applicant at any time in any country …………………………………………………………………………………………………… PART III Full names and address in block capitals Certificates of Sponsors 17. I, …….. of ………………………………. being a citizen of Malawi otherwise than by naturalization, hereby certify that the applicant herein is a person known to me and of good character, that in my opinion he would be a suitable citizen of Malawi and that the particulars in this application are correct in all respects to the best of my knowledge and belief. I am not the legal practitioner or agent of the applicant. I have known the applicant for ………… …………………………… months/years.* Dated at ………………….. this ………………… day of …………….. 19 ……… ………………………………………… Witness to signature Signature of Sponsor Address ………………………………… Occupation Occupation …………………………… (NOTE.—The sponsor in the case of paragraph 17 must be an Administrative Officer, Legal Practitioner, Bank Official, Member of a District Council, Municipal Council or Town Council, Magistrate, Mayor, Member of Parliament, Minister of Religion, Notary Public, Physician or Surgeon.) Full names and address in block capitals 18. I, ……………………………………………………………………………………… of ………… being a citizen of Malawi otherwise than by naturalization, hereby certify that the applicant herein is a person known to me and of good character, that in my opinion he would be a suitable citizen of Malawi and that the particulars in this application are correct in all respects to the best of my knowledge and belief. I am not the legal practitioner or agent of the applicant. I have known the applicant for ……………………………………………………………………………. months/years.* Dated at ………………….. this ……………… day of 19 ………. …………………………………………… ……….. Witness to signature Signature of Sponsor Address …………………………………….. Occupation Occupation…

RESTRICTION AND SECURITY ORDERS: SUBSIDIARY LEGISLATION

RESTRICTION AND SECURITY ORDERS: SUBSIDIARY LEGISLATION RESTRICTION AND SECURITY ORDERS RULES under s. 20 G.N. 148/195422/1963 166/1967 1. Citation These Rules may be cited as the Restriction and Security Orders Rules. 2. Certificate of conviction and recommendation of order The form of certificate to be used by a court certifying a conviction and recommending the making of a restriction order or security order under section 3 or 4 of the Act shall be as in Form I in the Schedule with such variations as the circumstances may require. 3. Notice under section 6 (1) A notice under section 6 of the Act shall be in the form set out in Form II of the Schedule with such variations as circumstances may require. (2) An application to a judge or magistrate for a warrant to issue under section 6 (2) of the Act may be made orally and ex parte to the judge or magistrate in chambers and shall be supported by evidence on oath or affidavit. 4. Restriction or security order A restriction order or security order, made by the Minister under section 3 or 4 of the Act, may be made in such one of Forms III, IV, V or VI, in the said Schedule, as shall be appropriate to the case, with such variations as the circumstances may require. 5. Procedure in proceedings under section 7 Cap 8:01 (1) Subject to the Act and these Rules, section 127, 128, 129, 130, 132, 194, 195, 196, 200, 203, 204, 205, 220, 221, and 222 of the Criminal Procedure and Evidence Code and the specified rules shall, mutatis mutandis, and to the extent that they can conveniently be applied, regulate the procedure in the proceedings under section 7 of the Act, whether such proceedings be before a judge or a magistrate; and any judge or magistrate in any proceedings under the Act shall have all such powers as to compelling attendance of witnesses and production of documents and the taking of evidence as he would have under the Criminal Procedure and Evidence Code: Provided that references in the said sections to acquittal, conviction or sentence shall be deemed to be references to the report required to be made to the Minister under section 7 (2) of the Act. (2) The “specified rules” shall mean any rules made under section 245 of the Criminal Procedure and Evidence Code re- lating to the method of proving a previous conviction or acquittal, fingerprints, palmprints, footprints, records, statistics, photographs or other documents. SCHEDULE FORM I (Section 3 or 4) In the Court of the …………………………………………………………………… at …………………………………………………………………….. Criminal Case No. ……………………………….. of 19 …. The Republic versus …………………………………… Certificate and recommendation for a Restriction Order or Security Order* under section 3 (or section 4†) of the Restriction and Security Orders Act. I, ……………………………………., Judge/magistrate of ………………………. Court at ………………………………. hereby certify that on the ………………….. day of ………………………………………, 19 ………….., ……………………………. was convicted by this Court of the offence of …………………………………. under section …………………….. of the Penal Code (or other Act), being an offence punishable with imprisonment otherwise than only in default of payment of a fine and was sentenced to‡ ………………………………. And I recommend that a Restriction Order or Security Order* should be made in the case of the said person in addition to / in lieu of* the said sentence. Dated at ……………….. this …………………. day of ………………. 19 ….. ……………………………….. Judge / magistrate*Strike out words not required or applicable.*† Strike out section not required.*‡ Omit these words if no sentence was imposed. FORM II THE RESTRICTION AND SECURITY ORDERS ACT (Section 6) In the High Court of Malawi at …………………. (or in the Subordinate Court of the Resident Magistrate/………………….. Grade* at ……………………….). Miscellaneous Criminal Application No ……………………. of 19 ……… IN THE MATTER OF THE RESTRICTION AND ­SECURITY ORDERS ACT and In The Matter of ………………………………………….. † Notice to Person to be Charged Before a Judge or Magistrate. Take Notice that the ……………………………. Court at ………………….. will be moved on the …………………. day of ………………………….. 19…., at ………………………. o’clock in the …………………………….. noon, or as soon thereafter as Counsel can be heard, by (or on behalf of) the Minister (or by Counsel for …………………………. of ………………………….) that a report to the Minister under section 7 (2) of the above Act be made with a recommendation that a Restriction Order or a Security Order or both such Orders should be made against you pursuant to the said Act on the grounds that you are an undesirable person within the meaning of the said Act. Particulars as to the nature of the facts alleged against you are appended (or contained in the Affidavit of ……………………………… sworn and filed herein on the ………………………………………………………. day of ……………….. 19……, a copy whereof is annexed to this…

PROTECTED PLACES AND AREAS: SUBSIDIARY LEGISLATION

PROTECTED PLACES AND AREAS: SUBSIDIARY LEGISLATION PROTECTED PLACES AND AREAS (MALAWI BROADCASTING CORPORATION) ORDER under s. 4 G.N. 137/1964(N)124/1965109/196688/196765/196847/1969216/1969256/196988/1971 1. Citation This Order may be cited as the Protected Places and Areas (Malawi Broadcasting Corporation) Order. 2. Protected places The premises described in the Schedule shall be protected places and the Protected Places and Areas Act shall apply in respect of those premises. 3. Permits (1) A permit to enter on any premises specified as a protected place by this Order shall be in writing and shall be issued only by the Director-General of the Malawi Broadcasting Corporation. (2) The said Director General may grant different kinds of permits in respect of different classes of persons or in respect of the different premises described in the Schedule. regs. 2, 3 (2) SCHEDULE 1. The whole area enclosed by the wire fence at present surrounding Chichiri House, Blantyre, including the whole interior of Chichiri House itself. 2. The Malawi Broadcasting Corporation Transmitter Sites— (a) at Lilongwe, situated two miles south-west from the centre of the Township of Lilongwe on the north side of the Likuni Road being two thousand square feet in area; (b) at Ngumbe on the east side of the Matope Road one and one-sixth miles from the junction of that road with the Chileka Road and being thirty acres more or less in area; (c) at Mangochi, situated 3.5 miles north-west from the Township of Mangochi on the east side of the Monkey Bay Road being 12.578 acres in area; G.N. 65/1968 (d) at Karonga, situated two miles north-west from the Karonga District Headquarters, on the west side of the Karonga/Chirumba Road being 22.04 acres in area; and G.N. 47/1969 (e) at Bangula, situated some three miles south of Chiromo on the east side of the Chiromo-Nsanje Main Road, being 11.24 acres in area and more particularly delineated on Survey Departments sketch plan No. 169/68. PROTECTED PLACES AND AREAS (POST OFFICE) ORDER under s. 4 G.N. 257/1969 1. Citation This Order may be cited as the Protected Places and Areas (Post Office) Order. 2. Protected places The premises described in the Schedule shall be protected places and the Protected Places and Areas Act shall apply in respect of those premises. 3. Permits (1) A permit to enter on any premises specified as a protected place by this Order shall be in writing and shall be issued only by the Postmaster General. (2) The said Postmaster General may grant different kinds of permits in respect of different classes of persons or in respect of the different premises described in the Schedule. regs. 2, 3 (2) SCHEDULE 1. The Post Office automatic telephone exchanges and surrounding fenced areas— (a) at Dunduzu Road, Limbe and known as plot H13/2; and (b) at Ginnery Corner, Chichiri, Blantyre and known as plot BL69. 2. The Post Office receiving station at Kanjedza including the surrounding fenced area and known as plot BL4. 3. The Post Office transmitter sites— (a) at Hynde Dam, Limbe, including the surrounding fenced area and aerial field and known as plot BL3; and (b) at Lilongwe, including the microwave station and surrounding area, and known as plot 3434. PROTECTED PLACES AND AREAS (AIRPORTS) ORDER under s. 4 G.N. 60/2019 1. Citation This Order may be cited as the Protected Places and Areas (Airports) Order. 2. Protected places The premises described in the Schedule shall be protected places and the Protected Places and Areas Act shall apply in respect of those premises. 3. Permits (1) A permit to enter on any premises specified as a protected place by this Order shall be in writing and shall be issued by the Airport Commandant of the Airport in question. (2) The said Airport Commandant may grant different kinds of permits in respect of different classes of persons or in respect of the different premises described in the Schedule. regs. 2, 3 (2) SCHEDULE 1. The whole area enclosed by the wire fence surrounding Kamuzu International Airport, Lilongwe, including— (a) the whole interior of Kamuzu International Airport; and (b) the roads leading to the Airport. 2. The whole area enclosed by the wire fence surrounding Chileka International Airport, Blantyre, including— (a) the whole interior of Chileka International Airport; and (b) the roads leading to the Airport. 3. The whole area enclosed by the wire fence surrounding Mzuzu Airport, Mzuzu, including— (c) the whole interior of Mzuzu Airport; and (d) the roads leading to the Airport. PROTECTED PLACES AND AREAS (BORDER POSTS) ORDER under s. 4 G.N. 61/2019 1. Citation This Order may be cited as the Protected Places and Areas (Border Posts) Order. 2. Protected places The premises described in the Schedule shall be protected places and the Protected Places and Areas Act shall apply in respect of those premises. 3. Permits (1) A…

SUPPLIES CONTROL: SUBSIDIARY LEGISLATION

SUPPLIES CONTROL: SUBSIDIARY LEGISLATION EXEMPTION NOTICE under s. 3 (2) G.N. 15/196716/1967 The President has exempted the following bodies or organizations from section 3 (1) of the Act: — The University of Malawi. All bona fide religious organizations other than those otherwise from time to time specified by the President: Provided that this exemption shall apply to supplies obtained or otherwise received for the legitimate purposes of the organization concerned.

POLICE: SUBSIDIARY LEGISLATION

POLICE: SUBSIDIARY LEGISLATION POLICE (SPECIAL SERVICES CHARGES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Special Service Charges Schedule POLICE (SPECIAL SERVICES CHARGES) REGULATIONS under s. 155 G.N. 11/2010 1. Citation These Regulations may be cited as the Police (Special Services Charges) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “special service charges” means charges on special services rendered to the Public by the Police Service; 3. Special Service Charges The special service charges contained in the Schedule shall be payable to the Police Service in addition to the services specified in the Schedule. reg. 3 SCHEDULE POLICE SPECIAL SERVICE CHARGES ServicesCharges 1.Abstract reports— (a) for residentsK3,000 (b) for non-residentsUS$100 2.Accident Reports— (a) for residentsK3,000 (b) for non-residentsUS$50 3.(a) Police clearance certificate issued within Malawi for residentsK5,000 (b) Police clearance certificate issued within Malawi for non-residentsUS$200 (c) Police clearance certificate sent outside Malawi for MalawiansUS$300 (d) Police clearance certificate sent outside Malawi for non-MalawiansUS$300 (e) general fingerprint enquire for prospective employeesK2,000 4.Motor vehicle clearance certificate— (a) other vehiclesK5,000 (b) trucks—15 tonnesK10,000 5.Police Investigation reports— (a) for loss of passportK1,000 (b) for loss of a Pass Book (Post Office and Bank Savings), Driving LicencesK1,000 (c) photographs for scenes of crimeK3,000 (d) Police investigation reports for non-residentsUS$50 (e) Police statementK2,000 6.Application for clearance of Private Security Companies (non-refundable whether licence is granted or not) for residents— (a) for local companiesK10,000 (b) for International companiesUS$500 7.Band activities— (a) full band hireK80,000 (b) big band hireK40,000 (c) dance bandK80,000 (d) transport charges per km (based on the market rate)PVHO rate 8.Police Cottages and Officers Messes— (a) accommodation per night with breakfastK6,000 (b) lunch and supperK2,000 9.Hire charges for motor vehicle— (a) lorry per kmPVHO rate (b) pick-up per kmPVHO rate (c) private car per kmPVHO rate POLICE (MEDALS) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Establishment of medals 4. Registrar of Medals 5. Medals Committee 6. Regional Medals Sub-Committees 7. Eligibility for award of a medal 8. Nomination for award of a medal 9. Recommendations by Regional Medals Sub-Committee 10. Review and recommendation for the award of medals 11. Award of medals 12. Presentation of medals 13. Wearing of medals 14. Wearing of foreign medals 15. Loss and replacement 16. Forfeiture of medals FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE G.N. 38/2022 POLICE (MEDALS) REGULATIONS under s. 155 1. Citation These Regulations may be cited as the Police (Medals) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Committee” means the Medals Committee established under regulation 5; “medal” means a medal awarded under regulation 11 and includes a medal awarded by a foreign or international police service; “Registrar” means the Registrar of Medals designated under regulation 4; and “suspender bar” means an elaborate or ornamental bar used to suspend a medal from a ribbon. 3. Establishment of medals (1) There shall be the following medals, in the listed order of precedence— (a) Presidential Police Medal; (b) police service Cross for Bravery Medal; (c) Medal of Outstanding Meritorious Service of the Highest Order; (d) Medal of Outstanding Meritorious Service and Utmost Devotion to Duty; (e) Medal of Honour; (f) Wound Medal; (g) Inspector General’s Shottist Medal; (h) Gold Medal for Long Service and Good Conduct; (i) Silver Medal for Long Service and Good Conduct; and (j) Bronze Medal for Long Service and Good Conduct. (2) A medal shall be designed in the manner set out in the First Schedule. 4. Registrar of Medals (1) The Inspector General shall designate a senior police officer as Registrar of Medals. (2) The Registrar of Medals shall maintain a Register of Medals in which particulars of awardees of medals under these Regulations and the medals awarded shall be recorded. (3) The Register of Medals maintained under subregulation (2) shall be in the form set out in the Second Schedule. 5. Medals Committee (1) There is hereby established the Medals Committee. (2) The Committee shall be chaired by a Deputy Inspector General designated by the Inspector General and shall comprise— (a) two Commissioners of Police appointed by the Inspector General; (b) the Director responsible for Human Resource Management and Development; and (c) the Officer-in-Charge responsible for professional standards. (3) The Registrar of Medals shall be the Secretary of the Committee and shall have no voting rights. (4) The Committee shall— (a) receive and review recommendations for award of medals from regional medals sub-committees; and (b) make recommendations to the Inspector General for award of medals to suitably qualified police officers. 6. Regional Medals Sub-Committees (1) There shall be a Regional Medals Sub-Committee at each region. (2) The sub-committee shall be chaired by the Commissioner responsible for the region and shall comprise— (a) the Regional Prosecution Officer; (b) the Regional Criminal Investigation Officer; (c) the Regional Traffic Officer;…

PRESERVATION OF PUBLIC SECURITY: SUBSIDIARY LEGISLATION

PRESERVATION OF PUBLIC SECURITY: SUBSIDIARY LEGISLATION DECLARATION under s. 3 G.N. 70/1964(M) The Minister has declared that section 3 (2) of the Act shall come into operation. THE PUBLIC SECURITY REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Control orders 4. Acts, words or writings prejudicial to public safety or public order 5. Control of firearms, ammunition and explosives 6. Illegal possession of firearms 7. Special areas 8. Power to disconnect telephones 9. Power to obtain information 10. Consorting with and harbouring suspected persons 11. Control of vessels and vehicles 12. Obligation to do work to render services 13. Powers of search 14. Penalties G.N. 43/196570/1965127/196538/196615/19776/1994 THE PUBLIC SECURITY REGULATIONS under s. 3 1. Citation These Regulations may be cited as the Public Security Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “authorized officer” includes a police officer not below the rank of Inspector, a person holding a commission in the armed forces of Malawi and any person duly authorized in writing as an authorized officer for the purpose of these Regulations by the Minister or by the Commissioner of Police; “firearm” means any barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or other missile, and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing dangerous to human beings, and includes any component part of any such weapon as aforesaid and any accessory to any such weapon designed or adapted to eliminate or diminish the noise or flash caused by firing any such weapon, but does not include any antique firearm which has been rendered incapable of use a s a firearm. 3. Control orders G.N. 6/1994 (1) The Minister may, if he considers it to be necessary for the preservation of public order so to do, make a control order against any person (hereinafter referred to as “a controlled person”). (2) A control order may be made for all or any of the following purposes, that is to say— (a) for prohibiting, except insofar as may be permitted by the order or by a written permit issued by the Minister, the controlled person from entering, leaving or remaining in any such place or area in Malawi as may be specified in the order; (b) for requiring the controlled person to notify his movements in such manner, at such times and to such persons as may be specified in the order; and (c) for requiring the controlled person to report to such persons, at such times and at such places as may be specified in the order. (3) Any permit issued under subregulation (2) (a) shall specify the purpose for which it is issued and may be issued subject to such terms and conditions as may appear expedient to the Minister. (4) A control order shall come into force upon the date thereof and the controlled person shall forthwith remove or be removed from any place from which he is prohibited from entering or remaining in or to any place which he is prohibited from leaving by an authorized officer, police officer or any person acting on behalf of the Minister. Any controlled person, whilst being so removed, shall be deemed to be in lawful custody. (5) A controlled person who contravenes any of the provisions of the control order made against him or who fails to comply with any of the terms and conditions of any permit issued under subregulation (2) (a) shall be guilty of an offence. (6) Any controlled person who is at any time in any place or area in contravention of the provisions of a control order or of the terms or conditions of any permit issued under subregulation (2) (a) may be removed from that place or area by any authorized officer, police officer or any person acting on behalf of the Minister, and for such purpose such force as may be reasonably necessary may be used. Any controlled person,whilst being so removed, shall be deemed to be in lawful custody. (7) In every case where a control order has been made under this regulation, the Minister, or other such person as may be appointed by the Minister for this purpose, shall, at the end of a period of six months from the date of the making of such order, and thereafter at the end of every ensuing three months, review such order and shall consider whether such order should be revoked or amended having regard to all the circumstances. (8) Any authorized officer may, without warrant, arrest any person in respect of whom he has reason to believe that there are grounds which would justify the making…