Category: Subsidiary Legislation

INSOLVENCY: SUBSIDIARY LEGISLATION INSOLVENCY RULES ARRANGEMENT OF RULES RULE PART IPRELIMINARY PROVISIONS 1. Citation 2. Interpretation 3. Performance of functions by the Court and the Registrar 4. General principles 5. Calculation of time 6. Determination of the beginning and end of period expressed in months, etc 7. Documents required to be in writing 8. Standard contents of notice in Gazette or newspaper 9. Gazette or newspaper notices relating to company 10. Gazette or newspaper notices relating to bankruptcy 11. Gazette or newspaper as evidence 12. Standard contents of documents to be delivered to the Registrar of Companies or the Director 13. Standard contents of documents relating to the office of office-holder 14. Standard contents of documents relating to other documents 15. Standard contents of documents relating to Court orders 16. Standard contents of returns or reports of meetings 17. Standard contents of returns or reports of matters considered by correspondence 18. Standard contents of documents relating to other events 19. Standard contents and authentication of applications to Court 20. Delivery of documents to joint office-holders 21. Right to copy documents 22. Right to be provided with list of creditors 23. Confidentiality PART IICOMPANY REORGANIZATION 24. Proposed administrator’s statement and consent to act 25. Administrator’s security 26. Company reorganization application 27. Sworn statement in support of company reorganization application 28. Filing of company reorganization application 29. Service of company reorganization application 30. Notice to officers charged with execution or other legal process 31. Notice of other insolvency proceedings 32. Hearing 33. Order 34. Notice of company reorganization order 35. Publication of administrator’s appointment 36. Notice of requirement to provide a statement of affairs 37. Statement of affairs: content and submission of copy 38. Statement of affairs: concurrence 39. Statement of affairs: filing 40. Statement of affairs: release from requirement and extension of time 41. Statement of affairs: expenses 42. Administrator’s proposals: additional content 43. Administrator’s proposals: statement of pre-company reorganization costs 44. Administrator’s proposals: ancillary provisions about delivery 45. Approval of administrator’s proposals 46. Notice of deemed approval of administrator’s proposals or revised proposals 47. Notice of result of creditors’ meeting to consider proposal 48. Administrator’s proposals: revision 49. Notice of result of creditors’ meeting to consider revised proposals 50. Disposal of charged property 51. Expenses 52. Order of priority 53. Pre-company reorganization costs 54. Final progress reports 55. Application to extend a company reorganization and extension by consent 56. Notice of automatic end of company reorganization 57. Notice of end of company reorganization when purposes achieved 58. Administrator’s application for order ending company reorganization 59. Notice by administrator of Court order 60. Grounds for resignation 61. Notice of intention to resign 62. Notice of resignation 63. Application to Court to remove administrator from office 64. Notice of vacation of office when administrator ceases to be qualified to act 65. Deceased administrator 66. Application to replace an administrator 67. Appointment of replacement or additional administrator PART IIIRECEIVERSHIP 68. Receivers or managers: acceptance of appointment 69. Receiver’s security 70. Publication of appointment of receiver 71. Requirement to provide a statement of affairs 72. Statement of affairs: concurrence and retention by receiver 73. Statement of affairs: release from requirement and extension of time 74. Limited disclosure 75. Report delivered to Registrar of Companies and the Director 76. Copy of report for unsecured creditors 77. Invitation by correspondence to creditors to form a creditors’ committee 78. Summary of receipts and payments 79. Resignation of receiver 80. Deceased receiver 81. Vacation of office in other cases PART IVWINDING-UP OF THE COMPANY Division IWinding-up of the Company by the Court 82. Application of this Division 83. Statutory demand (s. 184 of the Act) 84. Contents of petition 85. Request to appoint administrator or receiver as liquidator 86. Verification of petition 87. Copies of petition to be served on company or delivered to other persons 88. Notice of petition 89. Persons entitled to request a copy of petition 90. Certificate of compliance 91. Permission for the petitioner to withdraw 92. Notice by persons intending to appear 93. List of appearances 94. Sworn statement in opposition 95. Substitution of creditor or contributory for petitioner 96. Order for substitution 97. Adjournment of hearing of petition 98. Order for winding-up by the Court 99. Order for winding-up by the Court following the cessation of the appointment of an administrator 100. Notice to Official Receiver of winding-up order Division IIShareholders Voluntary Winding-up of the company 101. Statutory declaration of solvency Division IIILiquidators 102. Appointment of liquidator by the company 103. Appointment of liquidator by the Court 104. Authentication of liquidator’s appointment 105. Liquidator’s resignation 106. Removal of liquidator by the Court 107. Removal of liquidator by company meeting 108. Vacation of office of liquidator on completion of winding-up 109. Deceased liquidator 110. Liquidator’s loss of qualification as insolvency practitioner 111. Power…

PRISONS: SUBSIDIARY LEGISLATION ESTABLISHMENT OF PRISONS NOTICE under s. 3 G.N. 222/1963268/197088/19711/197489/2020 The President has declared that the prisons specified in the Schedule shall be prisons under the provisions and for the purposes of the Act. SCHEDULE Class I Malawi Government Prison, Blantyre Malawi Government Prison, Domasi Malawi Government Prison, Dzeleka Farm, Dowa Malawi Government Prison, Lilongwe Malawi Government Prison, Mikuyu Farm, Zomba Malawi Government Prison, Mikuyu, Zomba Malawi Government Prison, Mpyupyu Farm, Zomba Malawi Government Prison, Zomba Class II G.N. 89/2020 Balaka Halfway House Malawi Government Prison, Bvumbwe Tung Station Malawi Government Prison, Chikwawa Malawi Government Prison, Chitipa Malawi Government Prison, Dedza Malawi Government Prison, Karonga Malawi Government Prison, Lilongwe Remand Malawi Government Prison, Mangochi Malawi Government Prison, Mulanje Malawi Government Prison, Mzimba Malawi Government Prison, Mzuzu Malawi Government Prison, Ntcheu Malawi Government Prison, Nkhata Bay Malawi Government Prison, Nkhotakota Malawi Government Prison, Nsanje Malawi Government Prison, Thyolo. PRISON REGULATIONS PRELIMINARY 1. Citation 2. Interpretation PART IMISCELLANEOUS PROVISIONS RELATING TO PRISON OFFICERS 3. Attestation 4. Training 5. Searching of staff and quarters 6. Liberty to resign 7. Participation in politics PART IIPOWERS, FUNCTIONS AND DUTIES OF PRISON OFFICERS GENERALLY 8. Visits and inspections 9. Uniforms 10. Duty to report irregularities 11. Arms, Accoutrements, etc., to be delivered up on discharge 12. Representations to Minister or Commissioner PART IIIPOWERS, FUNCTIONS AND DUTIES OF AN OFFICER IN CHARGE 13. Investigation of irregularities 14. Cleanliness of prison 15. Prison walls, etc. 16. Precautions against fire 17. Notification of illness and injury of prison officers 18. Sick prisoners 19. Recommendations of medical officer 20. Disposal of body 21. Complaints and applications of prisoners 22. Prisoner to have facilities to appeal 23. Petitions 24. Visits and inspections 25. Unlock and lock-up 26. Reports accounting for prisoners 27. Accounts, stores, records, etc. 28. Maintenance of arms, ammunition, etc. 29. Night visits 30. Recreation of prisoners on public holidays PART IVPOWERS, FUNCTIONS AND DUTIES OF MEDICAL OFFICERS 31. Medical Inspection 32. Labour classification 33. Medical attention 34. Medical reports on prisoners under sentence of death 35. Report on serious medical condition of prisoner 36. Vaccination or innoculation 37. Pregnancy 38. Maintenance of books and records 39. Safekeeping of drugs, poisons and surgical instruments 40. Application where no medical officer appointed PART VVISITING JUSTICES, OFFICIAL VISITORS, MINISTERS OF RELIGION AND PRISONERS’ AID SOCIETIES 41. Visiting Justices and official visitors 42. Hours at which official visitors may visit prisons 43. Ministers of religion 44. Prisoners’ aid societies 45. Grants to prisoners’ aid societies 46. Payment of travelling and subsistence allowances PART VIDISCIPLINE OF PRISON OFFICERS 47. Complaints against prison officers 48. Submission of returns to Commissioner PART VIIDESERTION 49. Desertion PART VIIIADMISSION AND CONFINEMENT OF PRISONERS 50. New admissions to be interviewed by officer in charge 51. Hours of admission 52. Ranks of police officers who may sign order 53. Diet, clothing, etc., of prisoners 54. Diet scale of prisoners may be varied 55. Variation of diet, clothing, accessories and cell equipment of individual prisoners 56. Prisoners’ property 57. Weighing of prisoners 58. Haircutting and shaving 59. Bathing 60. Rights and privileges of prisoner 61. Forcible feeding PART IXCLASSIFICATION OF PRISONS 62. Classification of prisons 63. Detention of prisoners in any prison 64. Cell accommodation PART XCUSTODY, REMOVAL AND RESTRAINT OF PRISONERS 65. Medical examination before transfer 66. Prisoners under restraint 67. Use of handcuffs and leg-irons 68. Prisoners’ clothing at court PART XILABOUR OF PRISONERS 69. Hours of work 70. Days of rest 71. Wet weather 72. Exercise of prisoners employed on sedentary work 73. Prison labour 74. Prisoners classified as unfit for labour 75. Outside working parties 76. Restriction on employment of prisoners 77. Prisoners not to be employed in disciplinary capacity 78. Prisoner may be ordered not to work in association 79. Simple imprisonment 80. Labour for female prisoners PART XIIMAINTENANCE—CIVIL PRISONERS 81. Civil prisoner may procure food and other necessaries 82. No statistics to be taken of civil prisoner 83. Civil prisoners may smoke 84. Employment 85. Clothing 86. Exercise 87. Property 88. Visits 89. Letters 90. Restrictions on food, clothing or bedding 91. Maintenance of judgment debtor PART XIIISEARCHES PROHIBITED ARTICLES AND AREAS 92. Responsibility for search 93. Search of wards and cells 94. Search of workshops 95. Separate search of prisoners and cells 96. Special search 97. Entries in search book 98. Rub-down search 99. Search on return from labour 100. Search of outgoing working parties 101. Two or more prison officers to carry out search 102. Officers of the same sex to carry out search PART XIVDISCIPLINE OF PRISONERS 103. Solitary confinement 104. Visits to prisoners under punishment 105. Submission of return of punishments to Commissioner 106. Commissioner may review punishments 107. Written record of proceedings PART XVESCAPING 108. Prevention of escape 109. Escapes to be reported 110. Inquiry into escape…

CONVICTED PERSONS (EMPLOYMENT ON PUBLIC WORK): SUBSIDIARY LEGISLATION CONVICTED PERSONS (EMPLOYMENT ON PUBLIC WORK) RULES deemed to be made under s. 8 G.N. 149/1948152/1964(M) 1. Citation These Rules may be cited as the Convicted Persons (Employment on Public Work) Rules. 2. Minister may declare camps The Minister may by notice published in the Gazette declare any place to be a labour camp for the purpose of these Rules. 3. Interpretation In these Rules— “camp” means a labour camp declared under rule 2; “labourer” means any person who has been ordered by a court to perform public work under section 3 of the Act and who has been directed by a District Commissioner to reside in a camp under section 5 (b) of the Act. 4. Medical Examination Any person who has been ordered by a Court to perform public work may be permitted, at the discretion of the public officer having responsibility for the allocation of such work, to be examined by a medical officer who shall notify whether or not that person is fit to perform ordinary labour. 5. Management of a camp Every camp shall be under the management of a public officer appointed by the Minister. 6. Appointment of a clerk and labour supervisor The officer appointed as manager of the camp shall appoint one clerk in charge who shall be responsible for the keeping of camp stores, the issue of rations, the making of returns, and the sanitary condition of the camp. 7. Provision of food Food shall be provided for labourers so far as possible in accordance with the diet prescribed in the Third Schedule to the Prison Regulations, and labourers shall partake of food before commencing and at the end of the day’s work: p. 46 Provided that it shall be lawful to pay such cash allowance, if any, as the Minister may, from time to time, determine, in lieu of food. 8. Work to be performed Labourers shall unless a District Commissioner otherwise directs perform such work as is ordinarily performed by paid labourers employed by the Government department having management of the camp. 9. Duty to obey orders Every labourer shall obey all lawful and reasonable orders given by a clerk in charge or supervisor of labour. 10. Permission to leave camp Labourers may be given permission to leave the camp area from after work until sunset on Mondays to Fridays inclusive and from after work on Saturdays until sunset on the ensuing Sunday. 11. Medical officer The officer in medical charge of the District in which a camp is declared under rule 2 shall visit such camp at least once in every month. DECLARATION OF LABOUR CAMPS under r. 2 of the Convicted Persons (Employment on Public Work) Rules 42 of 1967 The following places have been declared to be labour camps for the purposes of the Convicted Persons (Employment on Public Work) Rules— G.N.128/1953 (1) the buildings enclosed by a wire fence at Mpatamanga, in the Southern Region; G.N.129/1953 (2) the buildings constructed for the purpose at the Agricultural Research Station, Chitedze, Lilongwe, in the Central Region; G.N.212/1953 (3) The Kochirira Leper Settlement. G.N.116/1958(F) (4) Bvumbwe Experimental Station.

ADMINISTRATOR GENERAL: SUBSIDIARY LEGISLATION ADMINISTRATOR GENERAL’S (FEES) RULES deemed to be made under s. 15 G.N.68/1963 1. Short title These Rules may be cited as the Administrator General’s (Fees) Rules. 2. Incorporation of Administrator General Fees at the following rates shall be payable to the Administrator General out of every estate administered by him— (a) on the value of the assets in Malawi— (i) on the first £1,000 or less of such value . . 5% (ii) on the second ” ” ” . . 4% (iii) on the third ” ” ” . . 3% (iv) on the fourth ” ” ” . . 2% (v) on the fifth ” ” ” . . 1%­ (vi) on the remainder of such value . . ½%: Provided that the minimum fee under this head shall be £10; (b) in respect of any part of the estate outside Malawi which is distributed by the Administrator General or by his agent on his behalf, on the value of the assets . . . . 1%: Provided that the fee under this head shall be additional to the proper charges of the agents who administer the assets outside Malawi; (c) on all income of the estate received by the Administrator General . . . . . . . . 5%: Provided that where the Administrator General carries on a business on behalf of the estate, the percentage payable shall be charged on the net income received from the business; (d) in the case of an insolvent estate, upon the amounts which would be available for distribution but for payment of this fee, an additional fee at the rate of . . . . 2%. 3. Meaning of the value of assets (1) The expression “the value of the assets” means the gross value before making any deduction except in respect of a specific charge on the asset, and— (a) when the assets are realized, at the date of such realization; (b) where the assets are not realized, at the date of distribution to the beneficiaries. (2) The expression “the value of the assets” shall not include any gratuity granted under section 16 of the European Officers Pensions Ordinance, 1945, or any other written law, or any assets not administered by the Administrator General or held by the deceased as a trustee. 4. Fees when payable (a) The fees payable under rule 2 (a) shall be due when the Administrator General has taken the initial steps to administer the estate, but the Administrator General shall have a discretion to postpone taking payment in whole or in part to such date or dates as may be convenient in due course of administration. (b) The fees payable under rule 2 (b) and (c) shall be due on receipt of the assets or income by the Administrator General and may be charged in the accounts at intervals of six months. (c) The fees payable under rule 2 (d) shall be due and paid immediately before a distribution is made. 5. Remittance of fees If, upon application made to him by the Administrator General or by any person interested in the estate, the Registrar of the High Court certifies in writing under his hand that— (a) the circumstances have been such as to render the duties of the Administrator General-exceptionally simple; (b) the Administrator General has, before completing the administration of the estate, the duty to hand over the assets of the estate to some other person to whom the High Court has granted probate or letters of administration; (c) by reason of the poverty of any person beneficially interested in the estate a remission of some part of the fees is desirable, a part of the fees not exceeding one half may be remitted: Provided that— (i) the certificate of the Registrar records his reasons for remission; (ii) the application is made before the residue of the estate or a substantial part thereof has been paid away or distributed. 6. Applications These Rules shall apply in every case in which fees have not previously been charged.

EXTRADITION: SUBSIDIARY LEGISLATION EXTRADITION (DESIGNATED COUNTRIES) ORDER under s. 3 G.N. 71/197228/197764/199817/2017 1. Citation This Order may be cited as the Extradition (Designated Countries) Order. 2. Designation of countries and application of Act G.N. 64/98 The following countries, being countries with which arrangements have been entered into in accordance with section 3 (1) of the Act, are hereby designated as countries to which the Act, other than Part IV, shall apply: Australia Bahamas Bermuda British Honduras British Indian Ocean Territory Botswana Cyprus Fiji Falkland Islands and Dependencies Gibraltar Gilbert and Ellice Islands Hong Kong Kenya Lesotho Mauritius New Hebrides Papua New Guinea Pitcairn Islands Rwanda Singapore Seychelles Sovereign Base Areas of Akrotiri and Dhekelia St. Helena (with Ascension and Tristan da Cunha) Swaziland Tanzania Zimbabwe

MUTUAL ASSISTANCE IN CRIMINAL MATTERS: SUBSIDIARY LEGISLATION MUTUAL ASSISTANCE IN CRIMINAL MATTERS (DESIGNATION OF AUTHORITY) ORDER under s. 4 G.N. 22/1994 1. Citation This Order may be cited as the Mutual Assistance in Criminal Matters (Designation of Authority) Order. 2. Appropriate authority for purposes of the Act The Attorney General is hereby designated as the appropriate authority for purposes of implementing the provisions of the Act.

PROBATION OF OFFENDERS: SUBSIDIARY LEGISLATION CONSTITUTION OF PROBATION COMMITTEES under s. 15 (2) G.N. 153/1961 ZOMBA DISTRICT A Probation Committee has been constituted for the Zomba District consisting of the following members— The Resident Magistrate, Zomba The District Commissioner, Zomba All Probation Officers performing their duties in the Zomba District. PROBATION OF OFFENDERS (PROBATION COMMITTEE) RULES under s. 16 G.N. 98/1961 1. Citation These Rules may be cited as the Probation of Offenders (Probation Committee) Rules, and shall apply to every probation committee appointed under section 15 (2) of the Act. 2. Interpretation In these Rules, unless the context otherwise requires— “area of jurisdiction” means the area for which a probation committee is appointed; “committee” means a probation committee appointed under section 15 (2) of the Act. 3. Appointment of chairman and secretary A committee shall elect from amongst its members a chairman and a secretary. 4. Quorum Three members of a committee including the chairman shall form a quorum. 5. Casting vote The chairman shall in addition to a deliberative vote have a casting vote. 6. Meetings of Committees A committee shall hold a meeting at least once in every three months. 7. Special meetings A meeting of a committee may be summoned at any time at the discretion of the chairman. 8. Duties of Probation Committee Every committee shall— (a) consider any written or oral reports received from probation officers within its area of jurisdiction; (b) discuss from time to time with probation officers the progress of cases under their supervision and afford them such help and advice as it can in carrying out their duties; (c) satisfy itself as to the manner in which probation officers within its area of jurisdiction perform their duties; (d) at the direction of the principal probation officer exercise general supervision over the making and keeping of records by probation officers within its area of jurisdiction; (e) furnish to the principal probation officer and the Secretary for Labour a copy of the minutes of all meetings and business transacted by the committee; (f) be responsible for the implementation within the area of its jurisdiction of all directives and policies regarding probation work issued by the principal probation officer. 9. Duties of Secretary It shall be the duty of the secretary of a committee— (a) to keep or arrange for the keeping of the minutes of the proceedings of all meetings of the committee. Such minutes shall be signed by the chairman; (b) to arrange for the keeping of such records as may be directed by the principal probation officer from time to time under rule 8 (f); (c) to arrange for the distribution of copies of all minutes of meetings and business transacted at committee meetings, in accordance with rule 8 (e). PROBATION OF OFFENDERS RULES under s. 16 G.N. 3/1946 1. Citation These Rules may be cited as the Probation of Offenders Rules. 2. Duties of principal probation officer The principal probation officer shall— (a) receive and consider the written and oral reports of probation officers; (b) make or direct the making of any communication which may be necessary to the court; (c) discuss from time to time with probation officers the progress of cases under their supervision and afford them such help and advice as he can in carrying out their duties; (d) satisfy himself as to the manner in which probation officers perform their duties and consider and investigate any complaint against probation officers in the execution of such duties; (e) exercise a general supervision over the making or keeping of records by probation officers. 3. Duties of probation officers (1) A probation officer shall make such preliminary inquiries, including inquiries into the home surroundings, as the court may direct, in respect of any offender in whose case the making of a probation order may arise. (2) A probation officer shall, when required by a probation order, undertake the supervision of any offender. (3) A probation officer shall, subject to any directions given to him by the court— (a) visit from time to time the place of residence of probationers and make inquiry as to their behaviour, mode of life, and employment; (b) ascertain that probationers understand the conditions of their recognizances, and by warning and persuasion endeavour to secure their observance of them; (c) advise, assist and befriend probationers and where necessary endeavour to find them employment. 4. Reports by probation officers (1) A probation officer shall report to the court in accordance with any directions given by the court in the probation order or otherwise. (2) A probation officer shall report as to the conduct and mode of life of probationers, and generally as to their progress, to the principal probation officer. (3) If a probationer fails to observe any of the conditions of his recognizance, the…

FINANCIAL CRIMES: SUBSIDIARY LEGISLATION FINANCIAL CRIMES (SUPPRESSION OF TERRORIST FINANCING AND PROLIFERATION) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Application PART IIIMPLEMENTATION MECHANISM 4. National Counter-Terrorism Panel 5. Functions 6. Powers 7. Committees PART IIIPROCEDURES FOR IMPLEMENTATION 8. Domestic list 9. United Nations Consolidated List 10. Designations by third parties 11. Freezing of property 12. Obligations of reporting institutions 12A. Supervisory authorities to monitor compliance PART IVCONDITIONS AND PROCEDURES FOR UTILIZATION OF FROZEN PROPERTY 13. Access to property frozen under domestic list 14. Access to property frozen under United Nations Consolidated list 15. Additional funds 16. Application to unfreeze property PART VRESTRICTIONS ON TRAVEL AND DEALINGS IN ARMS 17. Travel restrictions 18. Arms embargo PART VIAPPLICATION FOR DE-LISTING 19. Application for de-listing 20. Grounds for application 21. Effect of de-listing 22. Immunity PART VIIPROFILING AND SUPERVISION OF THE NGO SECTOR 23. NGO sector profiling, risk assessment, outreach and cooperation G.N. 11/201732/2023 FINANCIAL CRIMES (SUPPRESSION OF TERRORIST FINANCING AND PROLIFERATION) REGULATIONS under s. 144 PART IPRELIMINARY 1. Citation These Regulations may be cited as Financial Crimes (Suppression of Terrorist Financing and Proliferation) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Act” means the Financial Crimes Act; “dealing” in relation to own or other property or funds means receiving, acquiring, transacting, representing, concealing, disposing, converting, transferring or moving, using as security or providing financial services; “designated person” means a person designated pursuant to these Regulations or the applicable United Nations Security Council Resolutions adopted under Chapter VII of the United Nations Charter; “designation” or “listing” means the identification of a person or group of persons that is subject to targeted sanctions pursuant to the applicable United Nations Security Council Resolutions; G.N. 32/2023 “domestic list” means the list prepared and approved by the Panel under regulation 8; “freeze” means to prevent or restrain specific property from being used, transferred, transacted, converted, altered, concealed, moved or disposed of without affecting the ownership thereof; G.N. 32/2023 “NGO” has the meaning assigned thereto under the Non-Governmental Organizations Act; G.N. 32/2023 “Non-Governmental Organizations Regulatory Authority” means the Non-Governmental Organizations Regulatory Authority established under section 6 of the Non-Governmental Organizations Act; “Panel” means the National Counter-Terrorism Panel established under regulation 4; “property” has the meaning ascribed to it under the Act and includes electronically or digitally evidenced title or interest, bank credits, money orders, shares, securities and letters of credit and cash; “Resolution 1267” means Resolution 1267 of the Security Council passed on 15th October, 1999 and its successor resolutions; “Resolution 1373” means Resolution 1373 of the Security Council passed on 28th September, 2001 and its successor resolutions; “Resolution 1718” means Resolution 1718 of the Security Council passed on 14th October, 2006 and its successor resolutions; “Resolution 1988” means Resolution 1988 of the Security Council passed on 17th June, 2011 and its successor resolutions; “Resolution 1989” means Resolution 1989 of the Security Council passed on 11th June 2011 and its successor resolutions; G.N. 32/2023 “Resolution 2231” means Resolution 2231 of the Security Council passed on 20th July, 2015 and its successor resolutions; “Sanctions Committee” means a committee of the Security Council of the United Nations established under a Resolution of the Security Council; G.N. 32/2023 “sanctions list” means the 1989 Al-Qaida sanctions list, the 1988 Taliban sanctions list, the 1718 sanctions list, the 2231 sanctions list or other similar list issued by the Security Council from time to time; “Security Council” means the Security Council of the United Nations established under Article 7 of Chapter III of the United Nations Charter; “terrorist financing” includes the offence specified under section 43 of the Act; and G.N. 32/2023 “United Nations Consolidated List” means the United Nations Security Council Consolidated Sanctions List containing persons and entities designated by the United Nations Sanctions Committee established under Resolution 1989 of the Security Council and its successor resolutions. 3. Application These Regulations shall apply to— G.N. 32/2023 (a) a person contained in the Consolidated List of the United Nations designated under Resolutions 1989 Sanctions Committee, the 1988 Sanctions Committee, or any other such United Nations Sanctions Committee which may be established under any other United Nations Security Council Resolution; (b) designated persons and entities under Resolution 1373 by a third party, international organization or foreign country; (c) a person designated under Resolution 1718; G.N. 32/2023 (d) a person designated under Resolution 2231; and (e) designated persons or entities approved by the Panel under Resolution 1373. PART IIIMPLEMENTATION MECHANISM 4. National Counter-Terrorism Panel (1) There is hereby established a Panel to be known as the National Counter-Terrorism Panel. (2) The Panel shall consist of— (a) the Director General of the National Intelligence Service, who shall be the chairperson; (b) a senior public officer designated by the Chief Secretary; (c) the Secretary responsible for Home Affairs and Internal…

CRIMINAL PROCEDURE AND EVIDENCE CODE: SUBSIDIARY LEGISLATION APPOINTMENTS OF PUBLIC PROSECUTORS deemed to be made under s. 79 G.N. 85/1962 All police officers of or above the rank of sub-inspector have been appointed to be public prosecutors in all criminal cases before subordinate courts in Malawi. NOTE A number of appointments of named persons have been made out are not published here. CRIMINAL PROCEDURE (PLEAS OF GUILTY IN WRITING) RULES deemed to be made under s. 93 G.N. 14/1959242/1963 1. Citation These Rules may be cited as the Criminal Procedure (Pleas of Guilty in Writing) Rules. 2. Conditions for acceptance of plea of guilty in writing (1) A Subordinate Court shall not accept a plea of guilty in writing under section 93 of the Code unless the Court is satisfied that a document containing— (a) a notification of the effect of section 93 of the Code and of these Rules; and (b) a concise statement of such facts relating to the charge as will be placed before the Court by or on behalf of the Prosecutor if the accused pleads guilty without appearing before the Court, has been served upon the accused with the summons. (2) Such document shall be in the form set out in the Schedule with such variations as the circumstances of each case may require. 3. Notification and statement to be read in court Before accepting a plea of guilty and convicting the accused in his absence, the Court shall cause the notification and statement of facts aforesaid, including any submission received with the notification which the accused wishes to be brought to the attention of the Court with a view to mitigation of sentence to be read out before the Court. 4. Statement of other facts on behalf of Prosecutor not permitted If the Court proceeds under section 93 of the Code to hear and dispose of the case in the absence of the accused the Court shall not permit any statement to be made by or on behalf of the Prosecutor with respect to any facts relating to the offence charged other than the statement of facts aforesaid, except on a resumption of the trial after any adjournment for the purpose of procuring the personal attendance of the accused. r. 2 SCHEDULE STATEMENT TO BE SERVED WITH SUMMONS In theCourt atCase No.20 ……… To ………………………………………………………………………….. (Insert name of accused person) It will not be necessary for you to attend personally before the Court in answer to the attached summons if before the day appointed therein for your appearance— (a) you state clearly in the space provided below that you wish to plead guilty to the charge, and that you agree that the facts herein below stated are correct; and (b) you sign your name at the end of this document (or if you cannot sign your name you thumb print it in the presence of a witness); and (c) you return this document either by post or otherwise to the Court above mentioned. STATEMENT OF FACTS 1. Plea ……………………………………………………………………………………………………………….. 2. Whether the facts above stated are correct ……………………………………………………………….. 3. Any facts in mitigation of sentence which you wish to draw to the attention of the Court should be stated here ………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… Signature of accused person: …………………………………………………………………………………. (or thumbprint of accused person) Witness: …………………………………………………………………………………………………………… CRIMINAL PROCEDURE AND EVIDENCE (DOCUMENTARY EVIDENCE) RULES ARRANGEMENT OF RULES RULE 1. Citation 2. Interpretation 3. Proof of contents of documents; primary and secondary evidence defined 4. Notice to produce 5. Proof of signature and handwriting in certain circumstances 6. Comparison of signature, writing or seal with others 7. Public documents and private documents 8. Certified copies of public documents 9. Proof of public documents 10. Evidence of certain United Kingdom Acts and proclamations, etc. 11. Presumption as to genuineness of certified copy 12. Presumption as to documents produced as record of evidence 13. Presumption as to Gazettes, newspapers, private Acts, etc. 14. Presumption as to maps or plans made by authority of Government 15. Presumption as to collections of laws and reports of decisions 16. Presumption as to due executions, etc., of documents not produced 17. Presumption as to documents twenty years old 18. Presumption as to certain books 19. Presumption as to telegraphic messages 20. Presumption as to powers of attorney 21. Presumptions as to certified copies of foreign judicial records 22. Private documents executed outside Malawi 23. Proof of execution of documents required by law to be attested 24. Evidence of terms of contracts, grants, etc., reduced to form of a document 25. Exclusion of evidence of oral agreement 26. Exclusion of evidence to explain, etc. 27. Evidence as to document unmeaning in reference to existing facts, etc. 28. Evidence as to meaning of illegible characters, etc. 29. Who may give evidence of agreement varying terms…

FINGERPRINTS: SUBSIDIARY LEGISLATION FINGERPRINTS RULES under s. 8 G.N. 203/1928196/1958 1. Citation These Rules may be cited as the Fingerprints Rules. 2. Fingerprint bureau The fingerprint bureau, subject to the general supervision of the Commissioner of Police, shall be under the control of a police officer expert in the comparison of fingerprints to be appointed from time to time by the said Commissioner. Completed fingerprint forms shall be sent to and be preserved at the fingerprint bureau. 3. Fingerprint form The fingerprint form shall be in the form set out on the obverse in the Schedule. 4. Method of taking fingerprints All fingerprints taken under the Act shall be made by pressing the fingers and thumbs on an inked pad or plate and then on a fingerprint form in accordance with directions printed on the form. As many impressions may be taken as may be required. 5. Certificate referred to in section 7 The certificate referred to in section 7 of the Act shall be in the form set out on the reverse in the Schedule. SCHEDULE r. 3 OBVERSE MALAWI POLICE For use in C.R.O. NAME ………………………………………………………………….Date of search…………………………………………………………. ALIAS…………………………………………………………………..F.P. No…………………………. C.R.O. No………………………… STATION……………………………………………………………….Classification…………………………………………………………… C.R. NUMBER………………………………………………………..Classified by…………………………………. Date…………………. C.R.O. NUMBER (if known) ……………………………………….Checked by……………………………………. Date……………….. Fingerprints taken by:………………………………………………. No…………………. Rank……………………. Date……………….Result of search: Offence (with section and law)……………………………………. Right handRight ThumbRight Fore FingerRight Middle FingerRight Ring FingerRight Little FingerRight hand (fold)(fold) Left handLeft ThumbLeft Fore FingerLeft Middle FingerLeft Ring FingerLeft Little FingerLeft hand (fold)(fold) Left handPlain impression of the Four Fingers taken simultaneouslyPlain impression of the Four Fingers taken simultaneouslyRight hand (fold)(fold) Signature of accused Nationality or race…………………………………………………. Address particulars……………………………………………….. ………………………………………………………………………… Age…………………………… Height……………………………..Right Fore-finger to be impressed immediately after signature is written Build…………………………. Hair………………………………… Bodily marks, scars, tattoo marks, etc………………………. ………………………………………………………………………. ……………………………………………………………………… The following certificate must be completed by the Prosecutor, in the exact wording of the sentence and offence appearing in the Court Record or Committal Warrant. Sentence by………………………….Court at……………………………….. on……………………………….. To (sentence)…………………………………………………………………………………………………………. For (offence)…………………………………………………………………………………………………………… Court Record No……………………. Certified by………………..Rank………….. Date……………………. High Court revisions, etc., if any (red ink)………………………………………………………………………. see certificate of comparison of fingerprints on reverse. I hereby certify that I have compared the fingerprints No. F.P. ………………………………… overleaf, which purport to have been taken at ……………………………… on the ……………………………… day of ……………………………… and to be the fingerprints of a male (female) person named ……………………………………………………… with the fingerprints on the Fingerprint Forms the particulars recorded on which are as follows— Form No. FingerprintFull Name and aliasPlace where and date when fingerprints were takenCourt by which convictedPlace where convictedDate of convictionOffence of which convictedSentence And that the fingerprints on all the said forms are the fingerprints of the same person. Date …………………………… ………………………………………………………. Officer in Charge of Fingerprint Bureau