Category: Subsidiary Legislation

NATIONAL COMPENSATION TRIBUNAL: SUBSIDIARY LEGISLATION NATIONAL COMPENSATION TRIBUNAL (PROCEDURE) RULES ARRANGEMENT OF RULES RULE PART IPRELIMINARY 1. Citation 2. Interpretation 3. Application PART IINOTIFICATION AND REGISTRATION OF CLAIMS 4. Notification of claims 5. Registration of claims PART IIIFILING OF CLAIMS 6. Claims by representatives 7. Claims by agents 8. Claims by, or on behalf of, minors 9. Claims by families 10. Claims by unincorporated associations 11. Associated and severed claims 12. Third party interests PART IVSUBMISSION, PREPARATION AND ASSESSMENT OF CLAIMS 13. Evidence to establish claim 14. Appointment of experts 15. Guidelines and tariffs 16. Preparation and assessment of claims PART VDETERMINATION OF CLAIMS 17. Determination of claims 18. Oral hearings 19. Expedited claims PART VIAWARDS 20. Payment of monetary awards 21. Non-monetary awards 22. Negotiated settlements and arbitration PART VIIREVIEW OF AWARDS 23. Review of awards at the instance of the claimant 24. Review of awards at the instance of the Tribunal 25. No review where award paid PART VIIIAMENDMENT, WITHDRAWAL AND ABANDONMENT OF CLAIMS 26. Amendment of claims 27. Change of claimant 28. Withdrawal of claims 29. Abandonment of claims PART IXMISCELLENEOUS 30. No assignment of claims 31. Death of claimant 32. Orders and directions 33. Formal requirements 34. Maintenance and publication of records 35. Service by post 36. Languages 37. Corrections G.N. 59/1997 NATIONAL COMPENSATION TRIBUNAL (PROCEDURE) RULES Under s. 3 PART IPRELIMINARY 1. Citation These Rules may be cited as the National Compensation Tribunal (Procedure) Rules. 2. Interpretation In these Rules, unless the context otherwise requires— “agent” means a person appointed by a claimant to act on behalf of the claimant; “claim” means an application by, or on behalf of, a claimant or joint claimants addressed to the Tribunal for an award in respect of a loss or injury; “claimant” means a person who suffered loss or injury or a person who has at law inherited an entitlement to claim in respect of a loss or injury, and includes a dependant of a claimant and a representative, but does not include an agent; “Fund” means the National Compensation Fund established under section 144 of the Constitution; “representative” means— (a) a person through whom a claim is brought by a person beneficially entitled to claim but lacks legal capacity to act; or (b) a person who is authorized to act for another person, including a family unit; “Tribunal” means the National Compensation Tribunal established under Part XIII of the Constitution. 3. Application These Rules apply to all claims instituted before the Tribunal. PART IINOTIFICATION AND REGISTRATION OF CLAIMS 4. Notification of claims (1) Every person wishing to make a claim shall notify the Tribunal of his or her intention by submitting sufficient information to identify the claimant and the claim. (2) Where the Tribunal receives notification of a claim, it shall, unless it decides such step to be unnecessary, forward to the claimant such claim forms as will facilitate the efficient assessment of the claim. (3) Subject to subrule (4), every claimant shall append his or her signature or other identification mark to the notification and claim forms referred to in subrule (1) and (2), respectively. (4) The Tribunal may, in exceptional circumstances and under such conditions as the Tribunal may in the best interests of the claimant impose, accept the signature of an agent instead of the signature or other identification mark of the claimant. 5. Registration of claims (1) Subject to subrule (3), the Tribunal shall upon receipt of a notification under rule 3 register the claim. (2) Upon registration of a claim under subrule (1) the Tribunal shall within fourteen days send a written notice of the registration of the claim to the claimant. (3) Subject to any deadlines that may be prescribed, from time to time, in respect of specific categories of claims, the Tribunal may register claims up to one year before the completion of the operations of the Tribunal. PART IIIFILING OF CLAIMS 6. Claims by representatives Every person acting as a representative of a claimant shall produce evidence satisfactory to the Tribunal regarding his or her authority to so act. 7. Claims by agents (1) Every person acting as an agent of a claimant shall produce evidence satisfactory to the Tribunal regarding his or her authority to act as agent of the claimant for the purpose of making a claim, and such evidence shall include a letter of authority bearing the signature or other identification mark of the claimant authorizing the agent to act on behalf of the claimant. (2) Where a claimant is represented by an agent— (a) the claim shall continue in the name of the claimant who shall be entitled to receive a copy of all notices sent to the agent: Provided that in the case of a claim by an unicorporated association the Tribunal may limit…

HUMAN RIGHTS COMMISSION: SUBSIDIARY LEGISLATION HUMAN RIGHTS COMMISSION (PROCEDURE FOR APPOINTMENT OF MEMBERS OF THE COMMISSION)REGULATIONS under s. 38 ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Public advertisement 4. List of nominating organizations 5. Handling of nominations 6. Pre-selection forum 7. Screening and assessment of nominations 8. Recommendation to the President 9. Notification of appointment 10. Publication 11. Oath of office 12. Orientation of members First Schedule Second Schedule G.N. 44/2014 1. Citation These Regulations may be cited as the Human Rights Commission (Procedure for Appointment of Members of the Commission) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Chairman” means the Chairman of the Commission elected in accordance with section 6 of the Act; and “UN Paris Principles” refers to the set of recommendations adopted by the United Nations General Assembly in Paris, in 1993, relating to the status and functioning of national institutions for the protection and promotion of human rights. 3. Public advertisement (1) A public advertisement calling for nominations of persons to be considered for appointment as members of the Commission shall be published in the last month of the third and last year of the tenure of office of a sitting Commission, and shall run for 30 days. (2) The public advertisement which shall be signed jointly by the Law Commissioner and the Ombudsman, shall be in accordance with the First Schedule hereto, and shall call for the nominations of not more than two persons from each nominating institution. 4. List of nominating organizations (1) The Law Commissioner and the Ombudsman shall compile and update the list of reputable organizations representative of Malawian society three months prior to the completion of the tenure of the sitting Commission. (2) A concerned organization not included in the list of reputable organizations mentioned in subregulation (1), may submit a written application, through the Executive Secretary, to be considered for inclusion on the list of reputable organizations. (3) The concerned organization shall in its application, include detailed information about its work in the Malawian society and how their organization protects and promotes human rights and fundamental freedoms. (4) The Law Commissioner and the Ombudsman shall consider the submission made by the concerned organization and shall accept or refuse the application. (5) An application accepted under subregulation (4), shall be included in the final list of names of the nominating organizations that will be published in the Gazette, and the organization whose application has been accepted shall submit its nomination within the 30 days deadline stipulated in the public advertisement. 5. Handling of nominations (1) All the nominations that have been received by the Law Commissioner and the Ombudsman shall be treated as confidential documents. (2) The Executive Secretary shall, on behalf of the Law Commissioner and the Ombudsman, compile all the nominations, indicating— (a) name of nominating organizations; (b) name of nominated persons; (c) age of nominated persons; (d) district of origin of nominated persons; and (e) academic qualifications and occupation of nominated persons. 6. Pre-selection forum (1) The Law Commissioner and the Ombudsman may hold a pre-selection forum with all the nominated persons aimed at— (a) providing a forum for the Law Commissioner and the Ombudsman to seek further information from the nominated persons in accordance with section 4(3) of the Act; and (b) providing a forum for the interaction of the nominated persons with the Law Commissioner and the Ombudsman as part of the screening and assessment of the nominations. (2) The Executive Secretary shall ensure that all nominated persons are invited to the pre-selection forum with a notice of not less than 14 days, and shall dispatch the invitation through multiple means including postal mail and e-mail. (3) The pre-selection forum shall take the form of a highly participatory session. 7. Screening and assessment of nominations (1) Following the pre-selection forum, the Law Commissioner and the Ombudsman shall screen and assess the nominated persons on the basis of their Curriculum Vitae. (2) In conducting the screening and the assessment, the Law Commissioner and the Ombudsman shall, in addition to the criteria set out in the Constitution, the Act and the UN Paris Principles, take into account the following— (a) the need to maintain at least half of the number of the appointed members from the previous Commission that are eligible for re-appointment, in order to ensure continuity; (b) the need to select persons with integrity, that are non-partisan and demonstrate a significant degree of independence; (c) the type of expertise or work experience that is needed to be brought into the Commission; (d) educational qualifications in order to ensure the competence of the individual in understanding the various human rights instruments, among the many other attributes required of a member of the Commission; (e) the need to maintain a gender balance…

SUPREME COURT OF APPEAL: SUBSIDIARY LEGISLATION SUPREME COURT OF APPEAL RULES CONTENTS ORDER IGENERAL Rule 1. Citation 2. Interpretation 3. Service 4. Enlargement of time and departure from Rules 5. Fees 6. Registry 7. Sessions 8. Notification of Sittings 9. Adjournment 10. Registrar 11. Other Registrars 12. Seal of the Court 13. Powers of Registrar 14. Books to be kept by Registrar 15. Covers 16. Setting aside or varying order of Registrar 17. Forms 18. Court to which application should be made ORDER IIORIGINAL JURISDICTION 1. Procedure ORDER IIICIVIL APPEALS 1. Application 2. Notice and grounds of appeal 3. Application for leave to appeal 4. Application for enlargement of time 5. Notice of appeal; on whom served 6. Addresses for service 7. Registrar’s summons 8. Record of appeal 9. Preparation of record 10. Filing of record 11. Notice of filing 12. Security for costs 13. Cross-appeal Notice by respondent of contention that judgment should be varied or should be affirmed on other grounds 14. Notice of preliminary objection to be filed 15. Withdrawal of appeal 16. Appeal by respondent where appeal withdrawn 17. Non-compliance with conditions of appeal 18. Exhibits 19. Control of proceedings during pendency of appeal 20. Submission by party not appearing 21. Non-appearance of appellant 22. Non-appearance of respondent 23. Application to set aside ex parte judgment 24. New evidence on appeal 25. Interlocutory judgment not to prejudice appeal 26. Power of Court to give any judgment and make any order 27. Judgment 28. Order 29. Review of judgment 30. Enforcement of judgment 31. Execution of judgment by Court below 32. Costs 33. Fees 34. Matters not expressly provided for ORDER IVCRIMINAL APPEALS 1. Application 2. Applications not specially provided for 3. Obligation on appellant to fill up forms of appeal notices and answer questions thereon 4. Notices of appeal 5. Application for extension of time 6. Notice of application for leave to appeal 7. Dealing with applications for leave to appeal and other preliminary applications 8. Preparation of record 9. Record in criminal appeals from Court below in its original jurisdiction 10. Appeals in criminal matters from High Court in its appellate jurisdiction 11. Report of Judge of Court of trial 12. Furnishing Judge of Court of trial with materials for report 13. Bail 14. Fines 15. Varying order of restitution of property 16. Non-suspension of Orders of Restitution 17. Notification of final determination of appeals 18. Notification of appeal in capital cases 19. Entry of result of appeal 20. Enforcement of orders ORDER VMISCELLANEOUS 1. Waiver of non-compliance with rules FIRST SCHEDULE FORMS Form No. 1. Notice of Appeal. (O. III, r. 2) 2. Notice of Motion for leave to appeal. (O. III, r. 3) 3. Summons to Parties by Registrar to settle record. (O. III, r. 7) 4. Certificate of service of Notice of Appeal. (O. III, r. 10) 5. Notice to parties of filing of record. (O. III, r. 11) 6. Notice by respondent of intention to contend that decision of Court below be varied. (O. III, r. 13) 7. Notice of intention to contend that Judgment should be affirmed on grounds other than those relied on by the Court below. (O. III, r. 13) 8. Notice by respondent of intention to rely upon preliminary objection. (O. III, r. 14) 9. Notice of withdrawal of appeal. (O. III, r. 15) 10. Notice of withdrawal of appeal by agreement. (O. III, r. 15) SECOND SCHEDULE Forms 1. Notice of Appeal from decision of a court sitting as a court of first instance. (O. IV, r. 3) 2. Notice of application for leave to appeal from decision of a court sitting as a court of first instance. (O. IV, r. 3) 3. Notice of appeal from decision of a court in its appellate jurisdiction. (O. IV, r. 3) 4. Notice of application for leave to appeal from decision of a court in its appellate jurisdiction. (O. IV, r. 3) 5. Notice of appeal by Prosecutor. (O. IV, r. 3) 6. Notice of application for extension of the time within which to appeal. (O. IV, r. 3) 7. Notification to appellant of a single member’s decision. (O. IV, r. 7) 8. Notice of Appeal by appellant from refusal of a single Judge (O. IV, r. 7) 9. Recognisance of bail of appellant. (O. IV, r. 13) 10. Recognisance of appellant’s sureties. (O. IV, r. 13) 11. Warrant for arrest of appellant on bail. (O. IV, r. 13) THIRD SCHEDULE Fees A. Original Jurisdiction B. Appellate Jurisdiction C. General G.N. 283/1963137/1966 SUPREME COURT OF APPEAL RULES under s. 27 ORDER IGENERAL 1. Citation These Rules may be cited as the Supreme Court of Appeal Rules. 2. Interpretation In these Rules, unless it is otherwise provided or required by the context : “appeal” includes an application for leave…

NATIONAL ASSEMBLY (EMOLUMENTS): SUBSIDIARY LEGISLATION NATIONAL ASSEMBLY (EMOLUMENTS) ORDER G.N. 3/1964185/196621/196980/1969197/198042/1993 1. Citation This Order may be cited as the National Assembly (Emoluments) Order. 2. Interpretation For the purpose of this Order— G.N. 42/1993 “specified member” means member of the National Assembly other than Mr. Speaker, a Minister or a Deputy Minister. 3. Salaries G.N. 42/1993 Every specified member shall be paid a salary of K10,008 per annum. 4. Allowances G.N. 80/1969 G.N. 42/1993 (1) Every specified member shall be paid— (a) a motor vehicle maintenance allowance of K20,400 per annum; (b) a duty allowance of K2,880 per annum; (c) a mileage allowance of K1 per kilometre for use, on the most direct route, of his motor vehicle on the official business of the National Assembly or a Committee thereof; (d) a sitting allowance of K12 per each day of the sitting of the National Assembly; and (e) a laundry allowance of K20 per each week, or part thereof, of a meeting of the National Assembly. (2) The sitting allowance and the laundry allowance specified in subparagraph (1) shall also be payable to a specified member for attending a meeting of any Committee of the National Assembly whether or not such meeting occurs during a sitting or a meeting of the National Assembly.

POLITICAL PARTIES: SUBSIDIARY LEGISLATION POLITICAL PARTIES (FORMS AND FEES) REGULATIONS under s. 44 G.N. 101/2020 1. Citation These Regulations may be cited as the Political Parties (Forms and Fees) Regulations. 2. Forms The Forms set out in the First Schedule shall be used for purposes of the Act, and the particulars contained in the Forms and not particularly prescribed by the Act are hereby prescribed as particulars required under the Act. 3. Fees The fees set out in the Second Schedule shall be payable to the Registrar in respect of the matters to which they relate. reg. 2 FIRST SCHEDULE FORMS FORM PP1A POLITICAL PARTIES ACT Cap. 2:07 APPLICATION FOR REGISTRATION (Under section 12) Application No: …………………………………………………………………… We, the undersigned office bearers of (name of political party) …………………………… of (location of the principal office of the political party) …………………………….. whose registered address is (postal address of the principal office of the political party) …………………………………………………………………… hereby apply for the registration of our political party by its name under the Political Parties Act and we attach hereto: (a) two duly certified copies of the constitution, rules and manifesto of the party (Annex 1); (b) a list and particulars of office bearers of the party (Annex 2); (c) a list and particulars of registered members of the party (Annex 3); and (d) a graphic representation of the symbol of the party (Annex 4). DECLARATION We, jointly and severally, solemnly declare that— (a) the information we have provided for purposes of registering our political party is correct; (b) we have no objection to the Registrar of Political Parties verifying the information; and (c) we make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affirmations and Declarations Act . 1. Name:…………………………………………………………………………………………………………………….. Position in the Party: ………………………………………………………………………………………………. Occupation: …………………………………………………………………………………………………………….. Residential address: ………………………………………………………………………………………………. Postal address: ………………………………………………………………………………………………………. Email address: ……………………………………………………………………………………………………….. Phone No: ………………………………………………………………………………………………………………. Signature: ………………………………………………………………………………………………………………. 2. Name: …………………………………………………………………………………………………………………… Position in the Party: ……………………………………………………………………………………………… Occupation: ……………………………………………………………………………………………………………. Residential address: …………………………………………………………………………………………….. Postal address: …………………………………………………………………………………………………….. Email address: ……………………………………………………………………………………………………… Phone No.: …………………………………………………………………………………………………………….. Signature: ……………………………………………………………………………………………………………… 3. Name: ………………………………………………………………………………………………………………….. Position in the Party: …………………………………………………………………………………………….. Occupation: …………………………………………………………………………………………………………… Residential address: …………………………………………………………………………………………….. Postal address: ……………………………………………………………………………………………………. Email address: …………………………………………………………………………………………………….. Phone No.: ……………………………………………………………………………………………………………. Signature: …………………………………………………………………………………………………………….. 4. Name:………………………………………………………………………………………………………………….. Position in the Party: ……………………………………………………………………………………………. Occupation: …………………………………………………………………………………………………………. Residential address: ………………………………………………………………………………………….. Postal address: ………………………………………………………………………………………………….. Email address: …………………………………………………………………………………………………… Phone No.: …………………………………………………………………………………………………………. Signature: ………………………………………………………………………………………………………….. 5. Name: ……………………………………………………………………………………………………………….. Position in the Party: ………………………………………………………………………………………….. Occupation:………………………………………………………………………………………………………… Residential address: ………………………………………………………………………………………… Postal address: ………………………………………………………………………………………………… Email address: …………………………………………………………………………………………………. Phone No: ………………………………………………………………………………………………………… Signature:…………………………………………………………………………………………………………. Declared at ……………………………. (place) this ……………… day of ……………., 20……. BEFORE ME: …………………………………………………………………………………………………… COMMISSIONER FOR OATHS ANNEX 1 TWO DULY CERTIFIED COPIES OF THE CONSTITUTION, RULES AND MANIFESTO OF THE PARTY *Attach two duly certified copies of the constitution, rules and manifesto of the party. ANNEX 2 LIST AND PARTICULARS OF OFFICE BEARERS OF ………………………………………………………. POLITICAL PARTY SurnameOther name(s)Contact detailsOccupationNational ID NumberOffice currently held in the partySignature Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No.:* Make enough copies of this page. ANNEX 3 LIST AND PARTICULARS OF REGISTERED MEMBERS OF ……………………………………………….. POLITICAL PARTY (At least one hundred (100) members from each district) SurnameOther name(s)Contact detailsOccupationNational ID NumberSignature Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No.: Residential address:Postal address:Email address:Phone No. : Residential address:Postal address:Email address:Phone No.:* Make enough copies of this page. ANNEX 4 GRAPHIC REPRESENTATION OF THE SYMBOL OF THE PARTY *Provide a graphic representation of the symbol of the Party. FORM PPA 1B POLITICAL PARTIES ACT Cap. 2:07 CERTIFICATE OF REGISTRATION (Under section 13) Registration No………………………………………………………………………………………………… I hereby certify that …………………………………. (Name of political party) has this ……… day of ……………….., 20 …………….. been registered as a political party under the Political Parties Act. Given under my hand at Blantyre, this …….. day of ……. Two Thousand and ……………………………………………..Registrar of Political Parties FORM PPA 2A POLITICAL PARTIES ACT Cap. 2:07 NOTICE OF CHANGE OF PARTICULARS (Under section 18) To: The Registrar of Political Parties, I, ……………………………………., Secretary General of…………………………………………. Party, hereby notify your office of change of particulars of the political party as follows: Current detailNew detail Find attached the following documents to support the change— 1. ………………………………………………………………………………………………………………………. 2. ………………………………………………………………………………………………………………………. 3. ………………………………………………………………………………………………………………………. Dated this ………………………………… day of ………………….., 20 ……….. Signature:………………………………………………………………………………. Secretary General DECLARATION OF SUBMISSION OF CHANGE OF PARTICULARS I, ………………………….., Secretary General of …………………………………. Party, of…………………………………………. , hereby declare that the information I have given is true to the best of my knowledge. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affirmations and Declarations Act . Declared at ………………………….. this ………………….. day of …………..,20 ……. Before me: ………………………………………………………………………………………. Commissioner for Oaths FOR OFFICIAL USE…

NATIONAL ASSEMBLY (POWERS AND PRIVILEGES): SUBSIDIARY LEGISLATION ADMITTANCE OF STRANGERS ORDER under s. 7 G.N. 68/1957 1. No man may enter the precincts of the Assembly, that is to say, the top floor of the National Assembly building, while the Assembly is sitting unless he is cleanly and neatly dressed and is wearing a jacket with long trousers, or alternatively a jacket with shorts and stockings. In all cases a tie must be worn. 2. No woman may enter the precincts of the Assembly wearing shorts or trousers of any description.

COURTS: SUBSIDIARY LEGISLATION COURTS (ESTABLISHMENT OF LILONGWE DISTRICT REGISTRY) NOTICE under s. 7A (1) G.N. 2/1986 1. Citation This Notice may be cited as the Courts (Establishment of Lilongwe District Registry) Notice. 2. Lilongwe District Registry There is hereby established at Lilongwe a District Registry to be known as the Lilongwe District Registry. COURTS (HIGH COURT) (PROCEDURE IN DISTRICT REGISTRIES) RULES under s. 7E G.N. 90/198516/2015 1. Citation These Rules may be cited as the Courts (High Court) (Procedure in District Registries) Rules. 2. Writ of other process may issue out of a District Registry (1) Subject to subrule (2) and to rule 3, in any action the plaintiff, wherever resident, may issue a writ or other originating process out of any District Registry. (2) A writ or other originating process in an action relating to the registration of foreign judgments shall not be issued out of a District Registry. G.N. 16/2015 3. Writ claiming relief under a mortgage or charge A writ of summons or originating process in which there is a claim for payment of principal money or interest secured by a mortgage or charge upon real or leasehold property, or a claim for possession of any such property forming a security for payment to the plaintiff of any principal money or interest, shall not issue out of a District Registry, unless the property is situated within the District of the District Registry. 4. Title of causes commenced in a District Registry Causes or matters commenced in a District Registry shall be entitled as causes or matters in that District Registry and shall be serially numbered in that District Registry. 5. Proceedings in District Registries to be taken down (1) Save as otherwise provided in the Act or in these Rules or as the court or a Judge may otherwise order, all proceedings, up to and including the entry of the final judgment or order, in any cause or matter proceeding in a District Registry shall be taken down in that District Registry. (2) The District Registrar shall cause a proper book to be kept at the District Registry and to be entered therein every judgment or order made in any cause or matter proceeding in that District Registry as a like judgment or order is entered in the Principal Registry. 6. Entry of interlocutory judgment in a District Registry Where the writ of summons or other originating process is issued out of a District Registry and the plaintiff is entitled to enter interlocutory judgment under Order 13 of the Rules of the Supreme Court, or where a cause or matter is proceeding in the District Registry and the plaintiff is entitled to enter interlocutory judgment under Order 19 of the Rules of the Supreme Court, then in either case such interlocutory judgment and, when damages have been assessed, the final judgment shall be entered in that District Registry unless the court otherwise orders. 7. Writs of execution Where a cause or matter is proceeding in a District Registry, all writs of execution for enforcing any judgment or order therein and all summonses under Order VII of the Rules of the Supreme Court shall issue from that District Registry and all costs shall be taxed in that District Registry, unless the court otherwise orders. 8. Proceedings necessary or incidental to judgment Where a cause or matter is proceeding in a District Registry, all proceedings relating to the following matters, that is to say— (a) leave to issue or renew writs of execution; (b) examination of judgment debtors for purposes of a garnishee order; (c) garnishee orders; (d) charging orders nisi; and (e) interpleader orders, shall be taken in the District Registry, unless the court otherwise orders. 9. Mode of application Every application to a District Registrar shall be made in the same manner in which applications in chambers to the Registrar are made. 10. Reference of matter to a Judge The District Registrar may refer to a Judge any matter which he thinks should properly be decided by a Judge, and the Judge may either dispose of the matter or refer it back to the District Registrar with such directions as he thinks fit. 11. Appeal from a District Registrar An appeal shall lie from any decision, order or direction of a District Registrar in the same way as an appeal lies from any decision, order or direction of the Registrar under rule 3 of the High Court (Exercise of Jurisdiction of Registrar) Rules. 12. District Registrar to be subject to a Judge’s directions In the performance of the duties of his office, a District Registrar and every other officer of a District Registry shall at all times be subject to the general or special directions of a Judge. 13. Filing in a District Registry Where a cause…

EMPLOYMENT: SUBSIDIARY LEGISLATION EMPLOYMENT (MINIMUM WAGES) ORDER under s. 54 G.N. 57/200025/20032/200529A/200730/201016/201257/201332/201534/201768/2019100/20203/2024 1. Citation This Order may be cited as the Employment (Minimum Wages) Order. 2. Minimum wage for employees (1) The minimum daily wage to be paid to an employee shall not be calculated at a rate less favourable than that specified, in relation to the area of employment, below— (a) in the cities of Blantyre, Lilongwe, Mzuzu and the Municipality of Zomba, K3,461.54 per day; and (b) in all townships and all other areas, K3,461.54 per day. (2) The minimum rate payable in respect of weekly, fortnightly or monthly contracts shall be not less favourably than— (a) weekly: the appropriate daily rate multiplied by six; (b) fortnightly: the appropriate daily rate multiplied by twelve; and (c) monthly: the appropriate daily rate multiplied by twenty-six. (3) An employee whose terms of employment necessitate his rate of wages to be calculated on an hourly basis shall be remunerated at a rate not less favourable than the appropriate daily rate divided by the factor eight: Provided that where the number of hours customarily worked by an undertaking is less than eight hours per day, the appropriate daily rate shall be divided by such lesser number and not by the factor herein prescribed. 3. Wages for a domestic worker The minimum wages for a domestic worker shall be K2,000 per day. 4. Wages for employees in micro, small or medium-sized enterprise (1) Notwithstanding paragraph 2, the minimum wage for an employee employed in a micro-sized enterprise, small-sized enterprise or medium-sized enterprise shall be as follows— (a) K2,884.62 per day, in the case of an employee employed in a micro-sized enterprise or a small-sized enterprise; and (b) K3,461.54 per day, in the case of an employee employed in a medium-sized enterprise. (2) For purposes of this paragraph— (a) “micro-sized enterprise” means an enterprise that— (i) employs one or more employees but not exceeding four; (ii) has a maximum annual turnover of K5,000,000; and (iii) in the case of a manufacturing firm, has assets of not more than K5,000,000, excluding land and building; (b) “small-sized enterprise” means an enterprise that— (i) employs five or more employees but not exceeding twenty; (ii) has an annual turnover of more than K5,000,000 but not exceeding K50,000,000; and (iii) in the case of a manufacturing firm, has assets of not more than K20,000,000, excluding land and building; and (c) “medium-sized enterprise” means an enterprise that— (i) employs twenty-one or more employees but not exceeding ninety-nine; (ii) has an annual turnover of more than K50,000,000 but not exceeding K500,000,000; and (iii) in the case of a manufacturing firm, has assets of not more than K250,00,000, excluding land and building. (3) An enterprise shall be classified as a micro-sized enterprise, small-sized enterprise or medium-sized enterprise, as the case may be, if it meets at least two of the three criteria specified for each class in subparagraph (2). EMPLOYMENT (HOUSING ALLOWANCE) ORDER under s. 67 G.N. 58/20001/2005 28/2007 1. Citation This Order may be cited as the Employment (Housing allowance) Order. 2. Minimum wage for employees This order shall apply to all employees in the cities of Blantyre, Lilongwe and Mzuzu, in the Municipality of Zomba and in all Townships and who are paid wages at the rate not exceeding— (a) in the case of employees in the cities of Blantyre, Lilongwe and Mzuzu, and in the Municipality of Zomba, K117.30 per day; and (b) in the case of employees in all Townships, K95.45 per day. 3. Housing allowance An employee who is not provided with housing accommodation by his employer shall be paid by the employer a housing allowance in the case of an employee— (a) in the cities of Blantyre, Lilongwe and Mzuzu, and in the Municipality of Zomba, not less than K12.00 per day; and (b) in all Townships, not less than K10.00 per day. 4. Saving An employee in receipt of a housing allowance greater than the allowance appropriate to him at the coming into operation of this Order shall not, by virtue only of this Order, have his allowance reduced. EMPLOYMENT (MINIMUM WAGES) (APPRENTICES, CRAFTSMEN AND TRADESMEN) ORDER under s. 54 G.N. 29/200722/201469/2017 1. Citation This Order may be cited as the Employment (Minimum Wages) (Apprentices, Craftsmen and Tradesmen) Order. 2. Minimum wages for apprentices First Schedule The minimum wages in respect of apprentices’ wages shall be as set out in the First Schedule. 3. Minimum wages for craftsmen Second Schedule The minimum wages in respect of craftsmen who hold Malawi Advanced Craft Certificates shall be as set out in the Second Schedule. 4. Minimum wages for tradesmen Third Schedule The minimum wages in respect of tradesmen who hold National Trade Test Certificates shall be as set out in the Third Schedule. FIRST SCHEDULE para. 2…

TAXATION: SUBSIDIARY LEGISLATION APPOINTMENT OF SPECIAL ARBITRATOR under s. 98 G.N. 196/1964 (N)136/1980 The Minister has appointed as the Special Arbitrators for the purposes of the Act the persons for the time being performing the duties of— (a) Chief Resident Magistrate; (b) Principal Resident Magistrate; and (c) Senior Resident Magistrate. TAXATION (P.A.Y.E.) (DEDUCTION AND PAYMENT) RULES under s. 102 (2) G.N. 243/1965172/196733/198324/199623/200630/201717/2023 1. Citation G.N. 17/2023 These Rules may be cited as the Taxation (P.A.Y.E.) (Deduction and Payment) Rules. 2. Application of Rules These Rules shall apply to all emoluments to which section 102 of the Act applies. G.N. 23/2006 3. Deduction of income tax (1) Every employer, whether he be registered under the Income Tax (P.A.Y.E.) (Information) Rules, or not, shall deduct income tax at the rates specified in tax tables prepared by the Commissioner General from the emoluments of every person in his employment to whom these Rules apply. G.N. 30/2017 (2) If an employer fails to deduct income tax under subrule (1) he shall be personally liable to pay to the Commissioner General— (a) an additional sum of twenty per centum of the amount of tax which he has failed to pay in the first month or part thereof; and (b) a further interest charged on the outstanding amount of tax at the prevailing bank lending rate plus five per cent per annum for each month or part thereof during which the tax remains unpaid, and such additional sums together with the amount of the tax shall be summarily recovered by Commissioner General in his own name: Provided that the Commissioner General may reduce or waive the amount of such additional sums if a satisfactory explanation for the delay is given. 4. Variation in amount of P.A.Y.E. deductions (1) The Commissioner General is authorized to permit an employer to vary the amount of deductions under rule 3 (1) in the case of any employee in circumstances of exceptional hardship. G.N. 33/1983 (2) The Commissioner General is authorized to repay to an employee any amount of income tax deducted under rule 3 (1) as varied under subrule (1) of this rule. 5. Objections during tax year Without prejudice to the right of appeal conferred under the Act after the end of a year of assessment, any employee who is dissatisfied with the amount of any deduction made under rule 3 (1) may make an objection thereto to the Commissioner General during the currency of a year of assessment and the decision of the Commissioner General with regard to any objection made under this rule shall be final and not subject to appeal until the end of the year of assessment in respect of which the objection is made. G.N. 24/1996 23/2006 17/2023 6. Records to be maintained (1) Every employer of an employee to whom this Part applies shall keep a record showing— (a) the emoluments paid or payable to such employee; (b) the amount of income tax deducted from the emoluments of such employee under rule 3 (1), in such form as the Commissioner General may approve. (2) The record maintained under subrule (1) shall be available for inspection by the Commissioner General, or by any public officer authorized in that behalf by the Commissioner General at any reasonable time. G.N. 17/2023 (3) Every employer of an employee to whom this Part applies shall, within fourteen days after the end of each month, or within such further time as the Commissioner General may in any case allow, furnish to the Commissioner General a return in a form prescribed by the Commissioner General setting forth the name and address of every employee, the emoluments paid or payable to him and the total amount of tax deducted from such emoluments. G.N. 17/2023 (4) A person who fails to submit the return as required under subrule (3) shall be liable to a penalty of K300,000 for companies and K75,000 for individuals for the first month, or part thereof and a further penalty of K50,000 for companies and K10,000 for individuals for each month or part thereof during which the failure continues. G.N. 17/2023 (5) The Commissioner General may reduce or waive the amount of penalty meted out under subrule (4) if a satisfactory explanation for the delay is given. 7. Tax deduction certificates (1) The Commissioner General shall supply to every employer of an employee to whom this Part applies a sufficient supply of Tax Deduction (P.A.Y.E.) Certificates for the purposes of this rule. (2) Every employer shall complete a Tax Deduction (P.A.Y.E.) Certificate in respect of each employee to whom this Part applies and shall dispose of such certificates in the manner specified therein. (3) A copy of the Tax Deduction (P.A.Y.E.) Certificate maintained in respect of him shall be handed to the employee by the employer on the…

FORESTRY: SUBSIDIARY LEGISLATION FOREST RULES PART IPRELIMINARY G.N. 28/200149/20038/200623/201041/2024 1. Citation These Rules may be cited as the Forest Rules. 2. Interpretation In these Rules, unless the context otherwise requires— “council” has the meaning assigned thereto in the Local Government Act; “firewood” means all straight parts of a tree which do not exceed two metres in length and includes all crooked and unsound parts of any size; “log” means all sound, straight parts of a tree which are more than two metres long and more than twenty centimetres mean diameter; “pole” means all sound, straight parts of a tree which are more than two metres long but not more than twenty centimetres mean diameter; “protected trees” means the trees specified in the First Schedule; “public road” has the meaning assigned thereto in the Public Roads Act; and “stacked cubic metre” means a stack of firewood one metre in length, in width and in height. PART IIPROHIBITION AND OFFENCES AND FIRE PROTECTION IN FOREST RESERVES 3. Acts prohibited without a licence No person shall, without a licence in that behalf issued under these Rules, do or cause to be done in a forest reserve any of the following acts— (a) fell, cut, take, work, burn, injure or remove any tree or forest produce; (b) squat, reside, erect any building, hut or cattle enclosure: Provided that nothing in this paragraph shall require the issue of a licence in any case where a person resides in a forest reserve under the terms of a lease granted by the Minister responsible for land; (c) graze or pasture livestock or permit livestock to trespass; (d) clear, cultivate or break up land for the construction of any road, for cultivation, or for any other purpose whatsoever; (e) pursue, kill or capture animals or birds; (f) alter or remove any beacon, boundary mark or fence; (g) camp in any forest reserve, without observing the rules from time to time affecting such camping; and (h) keep bees or collect honey or beeswax. 4. Precautions by those contiguous with a reserve The Director of Forestry may require the owner or occupier of any land contiguous to a forest reserve to take such reasonable precautions to prevent a fire spreading from such land into a forest reserve as the Director of Forestry may specify, in writing, from time to time. 5. Director of Forestry shall have boundaries indicated The Director of Forestry shall cause the boundaries of every forest reserve to be indicated in as clear a manner as he considers reasonable in all the circumstances. PART IIIVILLAGE FOREST AREAS 6. Acts prohibited without Village Natural Resources Management Committee permission No person shall, without the permission in writing of the Village Natural Resources Management Committee in whose name a village forest area has been registered— (a) squat or reside or erect any building, hut or cattle enclosure; (b) graze or pasture livestock or permit livestock to trespass; (c) clear, cultivate or break up land for cultivation or otherwise; (d) alter or remove any beacon, boundary mark or fence; (e) fell, cut, take, work, burn, injure or remove any tree or forest produce; (f) set fire to any grass or undergrowth; or (g) keep bees or collect honey or beeswax, in the village forest area. 7. No person shall, for any purpose whatever, kindle any fire within a village forest area without taking all reasonable and proper precautions to prevent damage to any forest produce within such village forest area. PART IVLICENCES 8. Special conditions on licences (1) There may be endorsed on any licence issued under the Act special conditions. (2) Special conditions referred to in subrule (1), may relate to one or more of the following— (a) the provision by the licensee of a deposit, guarantee, surety, security, liquidated damages or sum of money to be drawn upon or confiscated for non-fulfilment or breach of the conditions of the licence; (b) the information which may be required to be given to a forestry officer by the licensee, concerning his operations and concerning the transport, manufacture production, output, sale, use, export or import of the forest produce taken under his licence, the records to be kept by him and the returns to be submitted to a forestry officer; (c) the liability of the licensee for damage to trees or other forest produce due to his negligence or to the negligence of his officers, agents or servants; (d) the methods by which and the order in which operations of exploitation, fire protection and fire fighting should be carried out; (e) the measuring or computing or recording of forest produce by methods other than those specified in these Rules; and (f) the construction, layout and operation of tramway, waterways and roads for the extraction of forest produce, and the transport of such…