Laws of Malawi

LEGAL EDUCATION AND LEGAL PRACTITIONERS: SUBSIDIARY LEGISLATION

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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…

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