GENERAL AMNESTY

CHAPTER 14:05
GENERAL AMNESTY

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
GENERAL AMNESTY

    3.    General Amnesty

    4.    Acts to which this Act applies

    5.    Discontinuance of proceedings, release from custody and remission of imprisonment

    6.    Validity of convictions

PART III
RETURNEES

    7.    Establishment of the Returnees Committees

    8.    Secretariat

    9.    Functions of the Committee

    10.    Meetings of the Committee

    11.    Funds of the Committee

    12.    Questions as to who is a returnee

    13.    Duration of the mandate of the Committee

    14.    Regulations

16 of 1993
26 of 1993

    An Act to grant general amnesty to citizens of Malawi resident in or outside Malawi , in respect of certain activities of a political nature whether or not constituting offences under the Laws of Malawi and for matters incidental thereto and connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the General Amnesty Act.

26 of 1993

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “act”, in relation to any act to which this Act applies; includes a statement or a publication made in any form;

26 of 1993

    “Committee” means the Returnees Committee established under ­section 7;

26 of 1993

    “returnee” means a citizen of Malawi coming or returning to Malawi, to permanently reside in Malawi, under amnesty granted under this Act.

PART II
GENERAL AMNESTY

3.    General ­amnesty

    (1) Any person, being a citizen of Malawi resident in or outside Malawi, whether in political exile or otherwise, who, at any time before the commencement of this Act, within or outside Malawi, severally or jointly with others, committed or did, or was privy to the commission or doing of any act, being an act to which this Act applies as specified in section 4, is hereby granted general amnesty and shall not be liable—

    (a)    to be prosecuted for an offence constituted by such act, or

    (b)    to be detained under a detention order or arrested pending a detention order under the Preservation of Public Security Act.

    (2) A person who at the commencement of this Act is being held in police custody or in a prison in Malawi otherwise than for an offence under any written law or other lawful ground shall be deemed to be so held for an act to which this Act applies and is hereby granted amnesty and shall be released from such custody without further procedure.

4.    Acts to which this Act applies

    This Act shall apply in respect of any act, whether or not constituting an offence under any written law, committed or done—

    (a)    for purposes of—

        (i)    promoting or furthering the objective or the interests of any political party, pressure group or movement however called or described; or

        (ii)    promoting or furthering any objective whatsoever for the purpose of advocating change to, or reform of, the form of government, or the mode of governance, of the Republic;

    (b)    in pursuit of religious or political convictions.

5.    Discontinuance of proceedings, release from custody and remission of imprisonment

    (1) Any proceedings pending before any court against any person in respect of any act to which this Act applies shall, without further procedure, be discontinued.

    (2) Any person who at the commencement of this Act is under arrest for an offence constituted by an act to which this Act applies, whether or not court proceedings in respect thereof have commenced, shall forthwith be released without further procedure.

    (3) Any person who at the commencement of this Act is serving a term of imprisonment in respect of an offence constituted by an act to which this Act applies, is hereby granted a remission of the remainder of his sentence.

6.    Validity of convictions

    Nothing in this Act shall affect the validity of the conviction of any person by a court before the commencement of this Act of an offence constituted by an act to which this Act applies, but so however, that such conviction shall—

    (a)    henceforth cease to have effect, or to count as a previous conviction for purposes of any prosecution of such person for any offence;

    (b)    not operate as a bar or an incapacity for such person to hold any office or to enter into any contractual, fiduciary or other relationship with another person nor operate against him as any incapacity whatsoever.

PART III
RETURNEES

7.    Establishment of the Returnee Committee

    (1) There is hereby established a committee to be known as the Returnees Committee (in this Act referred to as the “Committee”) which shall consist of the following members—

    (a)    the Commissioner for Disaster Preparedness and Relief, or his designated representative who shall be the Chairman of…