Laws of Malawi

Category: Subsidiary Legislation

Fully Consolidated and Annotated - 2024

Muli bwanji!Lilongwe

CORRUPT PRACTICES: SUBSIDIARY LEGISLATION

CORRUPT PRACTICES: SUBSIDIARY LEGISLATION CORRUPT PRACTICES (DISPOSAL OF RECOVERED, SEIZED OR FROZEN PROPERTY) REGULATIONS under s. 54 G.N. 37/1999 1. Citation These Regulations may be cited as the Corrupt Practices (Disposal of Recovered, Seized or Frozen Property) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “recovered, seized or frozen property” means any monies, property or thing of any description which was the subject of investigation into, or prosecution in relation to, any offence alleged or suspected to have been committed under the Act. 3. Disposal of recovered, seized or frozen property (1) Any recovered, seized or frozen property which comes into the possession of the Bureau shall, subject to sub-regulation (2), vest in the State if such recovered, seized or frozen property cannot be returned to the rightful owner because— (a) the rightful owner thereof, being the subject of an investigation or prosecution in respect of an offence alleged or suspected to have been committed by him under the Act, leaves Malawi for the purpose or apparent purpose of evading the consequences of such investigation or prosecution brought against him; (b) the rightful owner or the person in possession thereof absconds; (c) the rightful owner cannot be traced or ascertained; (d) the person in possession thereof admits his involvement in the alleged corrupt act and agrees to surrender such recovered, seized or frozen property to the State because of such involvement; (e) the Court has so ordered on an application by the Director. (2) No recovered, seized or frozen property shall vest in the State under paragraphs (a), (b) or (c) of subregulation (1) unless— (a) the Director gives, in accordance with these Regulations, notice to the effect that such recovered, seized or frozen property is liable to vest in the State if it is not claimed within three months from the date of the publication of such notice in the Gazette; (b) three months after the giving of such notice, such recovered, seized or frozen property remains unclaimed. (3) The notice referred to in subregulation (2) shall be deemed to have been duly given if it is published in the Gazette and a copy is— (a) served on the person concerned; or (b) left at or posted to the usual or last known place of bode or business of the person concerned; or (c) published in such a newspaper as the Director may decide if the person concerned is unknown or if his address or whereabouts are unknown. 4. Fast decaying property (1) Where the Director is of the opinion that any recovered, seized or frozen property is subject to speedy or unnatural decay or that its immediate sale would be for the benefit of the owner, the Director may, at any time, direct that such property be sold or destroyed: Provided that no sale or disposal of any such recovered, seized or frozen property shall be ordered without first obtaining leave from the Court. (2) On the completion of any sale under subregulation (1) the right of any person to take legal proceedings for the recovery of the property sold shall cease; but a claim may be established to the proceeds of such sale. 5. Payment into Consolidated Fund All monies and proceeds from the sale or other disposal of any recovered, seized or frozen property which vest in the State in accordance with these Regulations shall be paid into the Consolidated Fund. CORRUPT PRACTICES (PROHIBITION OF ABUSE OF INFORMATION OBTAINED IN OFFICIAL CAPACITY) REGULATIONS under s. 54 G.N. 46/1999 1. Citation These Regulations may be cited as the Corrupt Practices (Prohibition of Abuse of Information Obtained in Official Capacity) Regulations. 2. Application These Regulations shall apply to any information which— (a) a public officer holds by virtue of his office; (b) it would not be reasonable or expected to be disclosed by a public officer except in the proper performance of the functions of his office; (c) the public officer holding the information knows or ought to know that it is unpublished tender information in relation to any contract or proposed contract of a public body. 3. Dealing in contracts A public officer holding information to which these Regulations apply or any other person who has obtained any such information directly or indirectly from a public officer whom that person knows or has reasonable cause to believe held the information by virtue of his position as a public officer shall not— (a) deal in any contract or proposed contract to which the information relates and in which a public body is involved; (b) counsel or procure any other person to deal in any such contract or proposed contract, knowing or having reasonable cause to believe that the other person would deal in such contract or proposed contract; (c) communicate to any other person the…

PENAL CODE: SUBSIDIARY LEGISLATION

PENAL CODE: SUBSIDIARY LEGISLATION NOTICE SPECIFYING PUBLIC SERVICE under s. 46 G.N. 25/1968 PROHIBITED PUBLICATIONS ORDER under s. 46 G.N. 135/1980107/1983154/198320/198529/198557/198533/1986146/198725/19939/199484/1995 UNLAWFUL SOCIETIES ORDER under s. 64 (2) (ii) 235/1969127/196785/1993 APPLICATION OF SECTION 185 ORDER under s. 185 G.N. 189/1955 It has been directed that section 185 of the Penal Code shall extend to the areas described in the Schedule hereto. SCHEDULE 1. The City of Blantyre whose boundaries are set out in G.N. 11/ 1964 (N) (L.G. Supp. Cap. 22:01). 2. The City of Lilongwe whose boundaries are set out in G.N. 157/ 1966 (L.G. Supp. Cap. 22:01). 3. The Salima Township whose boundaries are set out in G.N. 162/ 1966 (L.G. Supp. Cap. 22:01). 4. The Municipality of Zomba whose boundaries are set out in G.N. 163/1966 (L.G. Supp. Cap. 22:01). REMOVAL ORDERS (APPEALS) RULES under s. 186 (4) G.N. 11/1956 1. Citation These Rules may be cited as the Removal Orders (Appeals) Rules. 2. Time of appeal Every appeal against a removal order shall be entered within thirty days of the date of such order: Provided that— (a) in computing the said period of limitation the time requisite for obtaining a copy of the order appealed against shall be excluded; and (b) the High Court may for good cause admit an appeal though the period of limitation prescribed in this Rule has elapsed. 3. Form of appeal (1) Every appeal against an order made under section 185 of the Penal Code shall be made in the form of a petition in writing presented by the appellant or his legal practitioner, and every such petition shall, unless the High Court otherwise directs, be accompanied by a copy of the order appealed against. (2) Where the appellant is represented by a legal practitioner the petition shall contain particulars of the matters of law or of fact in regard to which the subordinate court appealed from is alleged to have erred. 4. Appeal by a prisoner If the appellant is in prison he may present his petition of appeal and the copies accompanying the same to the officer in charge of the prison, who shall thereupon forward such petition and copies to the Registrar of the High Court. 5. Notice of hearing The High Court shall cause notice to be given to the appellant or his legal practitioner and to the Chief Public Prosecutor of the time and place at which such appeal will be heard, and shall furnish the Chief Public Prosecutor with a copy of the proceedings and of the grounds of appeal. 6. Right to attend hearing The appellant whether in custody or not shall be entitled to be present at the hearing of his appeal. 7. Judgment (1) When a case is decided on appeal by the High Court, the High Court shall certify its judgment or order to the court by which the order appealed against was recorded or passed. (2) The court to which the High Court certifies its order shall thereupon make such orders as are conformable to the judgment or order of the High Court, and, if necessary the records shall be amended in accordance therewith. 8. Additional evidence (1) In dealing with an appeal under section 186 of the Penal Code the High Court, if it thinks additional evidence is necessary, shall record its reasons, and may either take such evidence itself or direct it to be taken by a subordinate court. (2) When additional evidence is taken by a subordinate court on the direction of the High Court, such subordinate court shall certify such evidence to the High Court, which shall thereupon proceed to dispose of the appeal. (3) Unless the High Court otherwise directs, the appellant or his legal practitioner shall be present when any additional evidence is taken. (4) Evidence taken in pursuance of this rule shall be taken as if it were evidence taken at a trial before a subordinate court.

TRUSTEES INCORPORATION: SUBSIDIARY LEGISLATION

TRUSTEES INCORPORATION: SUBSIDIARY LEGISLATION TRUSTEES INCORPORATION RULES under s. 15 G.N. 87/196220/199722/200544/2020 1. Citation (1) These Rules may be cited as the Trustees Incorporation Rules. (2) In these Rules references to sections are references to sections of the Act. 2. Application by trustees (1) In the case of an application under section 3 by trustees of an association, the application shall be made to the Registrar and shall— (a) be in Form A in the First Schedule; (b) be accompanied by two copies of the constitution certified by the secretary or other principal officer of the association, and a copy so certified of the minutes of the meeting of the association at which the trustees were authorized to apply for incorporation. (2) In the case of an application under section 3 by trustees of a charity, the application shall be made to the Registrar and shall— (a) be in Form B in the First Schedule; (b) be accompanied by the original of the will, deed or other instrument creating or regulating the charity or by a copy thereof certified by a trustee or authorized officer of the charity. (3) Every application shall be accompanied by the device in quadruplicate of the proposed common seal and the prescribed fee. (4) The signatures of the applicants and the statements in the application shall be verified by declaration before a legal practitioner, commissioner for oaths, mayor or District Commissioner or in such other manner as the Registrar shall require. (5) Any person who knowingly and wilfully makes in such declaration a statement false in a material particular shall be liable to a fine of K500,000, and to imprisonment for three months. 3. Registrar’s report on application On receipt of an application, the Registrar shall examine the documents presented to him and shall report to the Minister whether— (a) in his opinion the objects of the association or charity are limited to one or more of the objects specified in section 3; (b) the constitution of the charity or association makes adequate provision for filling vacancies in the number of trustees and whether an adequate address for service has been furnished; (c) the trustees of any association have been duly authorized by the association to apply for incorporation; (d) limitations, and if so what, are placed by the constitution on the disposition of property by the proposed body corporate and what are the provisions regarding the custody and use of the common seal; (e) the name proposed for the corporate body is identical with a registered business name or that by which a company or body corporate is already registered or so nearly resembles such name as to be calculated to deceive; (f) in his opinion there is any, and if so what, objection to the application. 4. Incorporation (1) The certificate of incorporation issued by the Minister shall be in Form C in the First Schedule. (2) The original certificate, together with a copy thereof certified by the Registrar, shall be issued to the body corporate and a further certified copy shall be retained by the Registrar. (3) Securely attached to the original certificate and all copies thereof shall be a copy of the approved device for the common seal. (4) Every body corporate incorporated or deemed to be incorporated under the Act shall have its name engraven in legible characters on its seal, and if any such body corporate fails to comply with this subrule, the body corporate shall be liable to a fine of K500,000, payable to the Registrar on demand: Provided that in the cases provided for by section 16, the body corporate may continue to use a common seal which is not engraven until the expiration of a period of twelve months after the coming into operation of the Act or until the approval of a new device for its common seal, whichever shall first happen. 5. New trustee (1) The appointment of a new trustee shall be notified in writing to the Registrar within twenty-eight days after such appointment with particulars of the name and address of the trustee. (2) Every such notification shall be accompanied by the original document (if any) effecting the appointment and information regarding the death or retirement of any prior trustee, and the prescribed fee. (3) The Registrar may require further evidence by statutory declaration or otherwise in verification of the facts notified and on being satisfied of the truth thereof shall make the necessary entries in the register maintained by him and shall return any document effecting the appointment which was presented to him. 6. Return of trustees The return to be made under section 7 (2) shall be in Form D in the First Schedule. 7. Change of name (1) If any body corporate registered under the Act wishes to change…

NON-GOVERNMENTAL ORGANIZATIONS: SUBSIDIARY LEGISLATION

NON-GOVERNMENTAL ORGANIZATIONS: SUBSIDIARY LEGISLATION linking issue NON-GOVERNMENTAL ORGANIZATIONS (FINANCES AND FEES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIFINANCES AND FEES 3. Registration fees 4. Annual fees 5. Surcharge 6. Insufficient funds 7. Recovery of fees and penalties 8. Annual licence 9. Employment permit 10. False statement PART IIIMISCELLANEOUS 11. Offences and penalties 12. Revocation FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE G.N. 69/2024 NON-GOVERNMENTAL ORGANIZATIONS (FINANCES AND FEES) REGULATIONS under s. 35 (1) (b) PART IPRELIMINARY 1. Citation These Regulations may be cited as the Non-Governmental Organizations (Finances and Fees) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires– “annual fees” means fees payable by a registered NGO at the beginning of the NGO financial year; “registration fees’’ means fees paid by an NGO to the Authority in order to operate in Malawi; and “employment recommendation fees’’ means fees paid by an NGO to the Authority in order to receive a recommendation letter for expatriate staff to work in Malawi. PART IIFINANCES AND FEES 3. Registration fees (1) Where the Authority approves an application for registration, the Authority shall, within fourteen days, inform the applicant, in writing, of the registration approval and the fee required to be paid by the applicant as prescribed in the First Schedule. (2) Registration fees shall be paid once only, upon registration. 4. Annual fees (1) A registered NGO shall pay annual fees prescribed in the Second Schedule. (2) Annual fees shall be calculated based on the audited financial statements of the registered NGO for the previous calendar year. (3) Annual fees shall be paid within three months after the end of the NGO financial year. 5. Surcharge (1) Where an annual fee is not paid within three months after the end of the NGO financial year, a surcharge of five per cent of the fees due shall be payable within three months, after which period, the Authority shall suspend operations of the registered NGO in accordance with the Act. (2) A suspension under subregulation (1) shall remain in force until the outstanding annual fees and surcharge are paid. 6. Insufficient funds (1) An NGO that does not have sufficient funds to operate in a year shall report the matter to the Authority within two months of the beginning of its financial year and the Authority shall verify the financial status of the NGO. (2) Where the Authority is satisfied that the NGO does not have sufficient funds to operate, the Authority shall suspend the obligation of the NGO to pay annual fees until the NGO has acquired sufficient funds to operate. (3) Where the NGO acquires funding after expiry of at least three months from the beginning of its financial year, the prescribed annual fees payable shall be reduced pro rata. 7. Recovery of fees and penalties Any fee or surcharge payable by an NGO under these Regulations shall be a debt due to the Authority and may be recovered from the NGO as a civil debt at the instance of the Registrar or any person authorized by the Registrar in that behalf. 8. Annual licence (1) The Authority shall issue an annual licence to an NGO upon receipt of proof of payment of the annual fees. (2) Annual licence issued by the Authority shall be valid for a period of one year from the first day of the beginning of the NGO’s financial year. (3) Any NGO operating without the annual licence shall be liable to a fine prescribed in the Act. 9. Employment permit (1) An NGO requiring expatriate staff to work in Malawi shall report to the Authority. (2) Upon receipt of the request, the Authority shall provide a recommendation letter to the NGO which will be submitted to the department of Immigration for work permit. (3) The NGO shall pay a fee for the recommendation letter prescribed in the Third Schedule. 10. False statement (1) An NGO which, with intent to evade payment of any fee or surcharge due under these Regulations, makes false statement of accounts, commits an offence. (2) The Registrar shall, upon becoming aware of the allegation regarding the falsity of the accounts presented to the Authority, report the matter to the Board. (3) The Board shall, upon receiving the report referred to in subregulation (2)— (a) institute an inquiry to confirm the falsity of the accounts. (b) where the falsity is confirmed, institute disciplinary action against the NGO; and (c) report the NGO to a relevant authority. PART IIIMISCELLANEOUS 11. Offences and penalties A person who contravenes the provisions of these Regulations, commits an offence and shall, upon conviction, be liable to a fine of K1,000,000. 12. Revocation The Non-Government Organization (Fees) Regulations, 2021, are hereby revoked. G.N. 30/2021 reg. 3 FIRST SCHEDULE REGISTRATION FEES Item Fees K t…

OATHS, AFFIRMATIONS AND DECLARATIONS: SUBSIDIARY LEGISLATION

OATHS, AFFIRMATIONS AND DECLARATIONS: SUBSIDIARY LEGISLATION COMMISSIONERS FOR OATHS RULES under s. 8 G.N. 10/1968 1. Citation These Rules may be cited as the Commissioners for Oaths Rules. 2. Interpretation In these Rules, unless the context otherwise requires— “affidavit” includes a deposition or other document containing a statement of fact to the truth of which the deponent swears or affirms; “attest” includes the administration of an oath or affirmation and certifying that such administration has been done in accordance with these Rules; “deponent” means the person making a statement contained in an affidavit; “oath” includes affirmation. 3. When oath or affirmation made In taking any affidavit, the commissioner for oaths shall ask the deponent if he believes in Almighty God and, if so, whether he agrees to make the oath. If the deponent answers both questions affirmatively he shall be required by the commissioner for oaths to make the oath. In all other cases he shall be required by the commissioner for oaths to make the affirmation. 4. Form of oath or affidavit (1) The form of words to be used in an affidavit which is sworn on oath shall be— “I, …………………………………………., of ……………………………………….., (setting out the name, address and description of the deponent) make oath and say as follows:— ” (2) In administering the oath the commissioner for oaths shall require the person making the oath to hold his right hand uplifted and, indicating the affidavit, utter the words “I swear by Almighty God the contents of this, my affidavit, are true.” (3) The form of words to be used in an affidavit which is affirmed shall be— “I, ……………………………………….., of ……………………………., (setting out the name, address and description of the deponent) solemnly, sincerely and truly declare and affirm as follows:—”. (4) In administering the affirmation the commissioner for oaths shall cause the deponent to hold his right hand uplifted and, indicating the affidavit, utter the words— “I solemnly, sincerely and truly declare and affirm the contents of this, my affidavit, are true.” (5) The deponent shall, after making the oath or affirmation, affix his usual signature in his own handwriting on the affidavit in the presence of the commissioner for oaths. (6) If the deponent cannot write he shall affix his thumbprint on the affidavit in the presence of the commissioner for oaths. (7) The signature or print affixed by the deponent to an affidavit shall, until the contrary is proved, be deemed to have been affixed in the presence of the commissioner for oaths attesting such affidavit. 5. Duties of commissioners for oaths (1) No commissioner for oaths is required to attest an affidavit which is in a language which is not understood by him. (2) Before attesting an affidavit the commissioner for oaths shall ask the deponent whether he knows and understands the contents of the affidavit and if his answer is in the affirmative the commissioner for oaths shall— (a) certify below the deponent’s signature or mark that the deponent has acknowledged that he knows and understands the contents of the affidavit; (b) thereafter set forth, in writing, the manner, place and date of attestation of the affidavit; and (c) sign the affidavit by affixing his usual signature in his own handwriting over his designation and shall state below his designation the office held by him if he holds his appointment ex officio : Provided that— (i) if the deponent is unable to read the affidavit the commissioner for oaths shall, before attesting it, cause the affidavit to be read over to the deponent and shall include in his certificate a statement that he has done so; (ii) if the affidavit is in a language not understood by the deponent the services of an interpreter may be employed to explain the nature and contents of the affidavit and in such case the commissioner for oaths shall include in his certificate a statement of the language in which that explanation was given and the name of the person who acted as interpreter and the interpreter shall sign such certificate in addition to the signature of the commissioner for oaths. (3) The certificate of attestation of a commissioner for oaths may be in the form in the Schedule with such variations as the circumstances require. 6. When commissioner for oaths is required to attest (1) If the commissioner for oaths is of opinion that the deponent does not understand the nature and contents of the affidavit by reason of infirmity of mind, intoxication or for any other cause, he shall refuse to attest it. (2) A commissioner for oaths is not required to attest an affidavit outside business hours on business days. (3) Subject to subrule (1) a commissioner for oaths may not arbitrarily refuse to attest an affidavit but if he has considered the matter…

STATUTE LAW (MISCELLANEOUS PROVISIONS): SUBSIDIARY LEGISLATION

STATUTE LAW (MISCELLANEOUS PROVISIONS): SUBSIDIARY LEGISLATION STATUTE LAW (MISCELLANEOUS PROVISIONS) DIRECTION RULES under s. 16 (6) (b) G.N. 72/1982 1. Citation These Rules may be cited as the Statute Law (Miscellaneous Provisions) Direction Rules. 2. Manner of applying for a direction under section 16 (6) (a) of Cap. 5:01 (1) An application for a direction under section 16 (6) (a) of the Statute Law (Miscellaneous Provisions) Act must be made to a Judge in chambers. (2) An application for such direction may be made ex parte and, subject to subrule (3), must be supported by an affidavit by the person restrained, showing that it is made at his instance and setting out the nature of the restraint. (3) Where the person restrained is unable for any reason to make the affidavit required by subrule (2), the affidavit may be made by some other person on his behalf and that affidavit must state that the person restrained is unable to make the affidavit himself and specify for what reason. 3. Power of Judge to whom application is made (1) The Judge to whom an application under rule 2 is made may give a direction forthwith or may order that an application therefor be made by originating motion to a Judge in court. (2) The notice of motion must be served personally on such persons as the Judge shall direct and, unless the Judge otherwise orders, there must be at least ten clear days between the service of the notice and the date named therein for the hearing of the application. 4. Copies of affidavits to be supplied Every party to an application must supply to every other party, on demand, a copy of each affidavit which he proposes to use at the hearing of the application. 5. Power to direct release of person restrained The Judge hearing an application for a direction may in his discretion direct that the person restrained be released, and such direction shall be sufficient warrant to any prison superintendent, police officer, or other person, for the release of the person restrained.

INQUESTS: SUBSIDIARY LEGISLATION

INQUESTS: SUBSIDIARY LEGISLATION APPOINTMENT OF CORONERS under s. 3 Gen. N. 687/1967 The Minister has empowered all Chairmen of Grade A.1. and Urban Traditional Courts to hold inquests under the Inquests Act within the area in which their respective Courts have jurisdiction for criminal cases prosecuted by a public prosecutor.

EVIDENCE BY COMMISSIONS: SUBSIDIARY LEGISLATION

EVIDENCE BY COMMISSIONS: SUBSIDIARY LEGISLATION DECLARATION OF COUNTRIES TO WHICH PART II APPLIES under s. 12 G.N. 35/1969174/1971 The following countries have been declared countries to which Part II of the Act applies— Austria; Denmark; Federal Republic of Germany; Greece; and United States of America.

LEGAL EDUCATION AND LEGAL PRACTITIONERS: SUBSIDIARY LEGISLATION

LEGAL EDUCATION AND LEGAL PRACTITIONERS: SUBSIDIARY LEGISLATION LEGAL EDUCATION AND LEGAL PRACTITIONERS (MALAWI LAW SOCIETY) (HONOURS SUB-COMMITTEE) RULES ARRANGEMENT OF RULES RULE 1. Citation 2. Interpretation 3. Establishment and composition of the Honours Sub-Committee 4. Functions of the sub-committee 5. Meetings of the sub-committee 6. Power to exercise functions G.N. 48/2021 LEGAL EDUCATION AND LEGAL PRACTITIONERS (MALAWI LAW SOCIETY) (HONOURS SUB-COMMITTEE) RULES under s. 73 1. Citation These Rules may be cited as the Legal Education and Legal Practitioners (Malawi Law Society) (Honours Sub-Committee) Rules. 2. Interpretation In these Rules, unless the context otherwise requires— “Chairperson” means the Chairperson of the Society; “Code” means the Malawi Law Society Code of Ethics (2006); “previous chairperson” means a person who has previously served a full term as a chairperson of the Society; and “sub-committee” means the Honours Sub-Committee of the Society established under rule 3 (1). 3. Establishment and composition of the Honours Sub-Committee (1) There shall be an Honours Sub-Committee of the Society (hereinafter referred to as the “sub-committee”) which shall consist of— (a) three previous chairpersons of the Society, counting in reverse chronological order from the last serving chairperson; (b) two respected legal practitioners with at least ten years standing at the bar appointed by the Executive Committee of the Society; and (c) two respected legal practitioners appointed by the Executive Committee of the Society to represent relevant interest groups within the profession. (2) The members of the sub-committee appointed under paragraphs (b) and (c) of subrule (1) shall hold office for a term of two years and shall be eligible for reappointment for one further term. (3) The earliest person to hold office of chairperson of the Society on the sub-committee shall be chairperson of the sub-committee. 4. Functions of the sub-committee The sub-committee shall perform the following functions— (a) conduct due diligence and make recommendations to the Society on nominees and categories of legal practitioners proposed for award of special recognition or periodic awards for highest professional standards; (b) conduct due diligence and make recommendations to the Society of legal practitioners suitable for conferment of the honour of Senior Counsel or appointment as Judges of the High Court; (c) conduct due diligence and make recommendations to the Society for certification of a legal practitioner as a specialist or an expert in a specific field or area of practice in accordance with chapter 5 rule 1 of the Code; (d) act as an advisory body to the Executive Committee of the Society on professional and regulatory matters; and (e) perform any other function as requested by the Honours Committee of the Society. 5. Meetings of the sub-committee The provisions of sections 59, 60 and 61 of the Act relating to meetings of the Honours Committee shall apply mutatis mutandis to meetings of the sub-committee. 6. Power to exercise functions The sub-committee shall, in the exercise of its functions, have all the powers vested in the Society necessary for the effective carrying out of the functions: Provided that such powers shall be under the written authority of the Chairperson from time to time. MALAWI LAW SOCIETY (CONTINUING LEGAL EDUCATION) RULES ARRANGEMENT OF RULES RULE 1. Citation 2. Interpretation 3. Application of Rules 4. Requirement to undertake continuing legal education 5. Provision of continuing legal education 6. Accreditation of CPD programmes offered by other institutions 7. Award of participation certificates 8. Maintenance of records 9. Proof of compliance 10. Modification of CPD requirements 11. Fees for CPDs 12. Breach of Rules to be misconduct 13. Modification of Rules in exceptional circumstances G.N. 49/2021 MALAWI LAW SOCIETY (CONTINUING LEGAL EDUCATION) RULES under s. 73 1. Citation These Rules may be cited as the Malawi Law Society (Continuing Legal Education) Rules. 2. Interpretation In these Rules, unless the context otherwise requires— “accounting and anti-money laundering compliance” means compliance with the Legal Practitioners’ Accounts Rules and the Financial Crimes Act; “anti-money laundering compliance partner” means a partner in a law practice designated, from time to time, by the members of the partnership and notified in writing to the Society as the partner responsible for ensuring compliance with requirements of the Financial Crimes Act, provided that where the Society has not been notified of such nomination, “anti-money laundering compliance partner” means each and every partner in such law practice; “compliance partner” means a partner in a law practice who is designated, from time to time, by the members of the partnership and notified in writing to the Society as the partner responsible for compliance with the Legal Practitioners’ Accounts Regulations, provided that where the Society has not been so notified “compliance partner” means each and every partner in the law practice; “continuing professional development or CPD” means further education or training undertaken by a legal practitioner, whether relating to law, management or skills development in…