MALAWI NATIONAL EXAMINATIONS BOARD

CHAPTER 30:04
MALAWI NATIONAL EXAMINATIONS BOARD

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ESTABLISHMENT OF MALAWI NATIONAL EXAMINATIONS BOARD

    3.    Establishment of Board

    4.    Execution of documents, etc.

PART III
CONSTITUTION OF BOARD AND PROCEDURE

    5.    Constitution of Board

    6.    Executive Secretary

    7.    Procedure of Board

    8.    Committees

PART IV
FUNCTIONS AND POWERS OF THE BOARD

    9.    Functions and Powers of the Board

PART V
FINANCIAL PROVISIONS

    10.    Finance

    11.    Investment

    12.    Borrowings

    13.    Accounts and audit

PART VI
OFFENCES AND PENALTIES

    14.    Offences and Penalties

        Schedule

12 of 1969
30 of 1969
12 of 1976
8 of 1980
9 of 1986
9 of 1987
30 of 1994
10 of 2004

    An Act to make provision for the establishment, constitution, control and administration of the Malawi National Examinations Board and for matters incidental thereto and connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Malawi National Examinations Board Act.

9 of 1987

2.    Interpretation

    In this Act, unless the context otherwise requires—

9 of 1987

    ‘‘Board’’ means the Malawi National Examinations Board established under section 3 (1);

    ‘‘Centre’’ means the Regional Testing Resource and Training Centre, an international organization established by agreement dated the 26th day of June, 1969, made between the respective Governments of Malawi, Swaziland, Lesotho, Botswana and the United States Agency for International Development, having its principal office in Malawi and now in the course of dissolution;

    ‘‘Chairman’’ means the Chairman of the Board as provided under section 5;

    ‘‘committee’’ means a committee of the Board appointed under section 8;

    ‘‘financial year’’ means such year or other period as the Minister may, from time to time, by notice published in the Gazette, determine to be the financial year of the Board.

PART II
ESTABLISHMENT OF MALAWI NATIONAL EXAMINATIONS BOARD

3.    Establishment of Board

    (1) There is hereby established a Board, to be known as the Malawi National Examinations Board which shall be governed and administered in accordance with the provisions of this Act.

12 of 1976

9 of 1987

    (2) The Board shall be a body corporate with perpetual succession and a common seal, with power to acquire, hold, charge and dispose of property, movable and immovable, to borrow money and to do or perform all such things and acts for the purpose of carrying out its functions as a body corporate may lawfully do.

    (3) The Board may sue and be sued in its corporate name and may for all purposes be described by such name.

4.    Execution of documents, etc.

    All documents, other than those required by law to be under seal, made by, and all decisions of, the Board may be signified under the hand of the Chairman or any member or officer of the Board authorized in that behalf by the Chairman.

PART III
CONSTITUTION OF BOARD AND PROCEDURE

5.    Constitution of Board

    (1) The Board shall consist of—

12 of 1976

8 of 1980

9 of 1987

    (a)    The Vice-Chancellor of the University of Malawi, who shall be Chairman;

    (b)    four members nominated by the Senate of the University of Malawi, appointed by the Minister;

    (c)    four members appointed by the Minister in his discretion;

    (d)    four members, representing post primary institutions, other than those institutions mentioned in this section, providing full time recognized courses, to be recommended at a meeting of all members appointed under paragraphs (a), (b) and (c), appointed by the Minister;

    (e)    the Secretary for Education and Culture or his representative;

    (f)    one member representing the Malawi Institute of Education, appointed by the Minister;

    (g)    four members representing primary schools, appointed by the Minister from amongst headmasters of primary schools;

    (h)    four members representing secondary schools, appointed by the Minister from amongst headmasters of secondary schools;

    (i)    two members representing primary school teacher training colleges, appointed by the Minister from amongst principals of those colleges;

    (j)    one member representing the Christian Council, appointed by the Minister;

    (k)    one member representing the Special Education, appointed by the Minister;

    (l)    one member representing the Catholic Secretariat, appointed by the Minister;

    (m)    one or more members representing and recommended by external examining bodies, appointed by the Minister; and

    (n)    two members actively engaged in commercial pursuits in Malawi, appointed by the Minister from amongst persons so engaged.

    (2) The members of the Board shall elect one of their number to be Vice-Chairman who shall, in the absence or temporary incapacity of the Chairman, act as Chairman.

    (3) The members of the Board, other than the Chairman, shall hold office for two…