NATIONAL AIRLINE: SUBSIDIARY LEGISLATION

NATIONAL AIRLINE: SUBSIDIARY LEGISLATION

NATIONAL AIRLINE (DISSOLUTION OF CENTRAL AFRICAN AIRWAYS CORPORATION) REGULATIONS

under s. 5

G.N. 66/1985

1.    Citation

    These Regulations may be cited as the National Airline (Dissolution of the Central African Airways Corporation) Regulations.

2.    Interpretation

    In these Regulations—

    “Agreement” means the Agreement consisting of such instruments as were concluded between the Governments of the Republic of Malawi, Republic of Zambia and Republic of Zimbabwe on the 17th May, 1985, at Harare in the Republic of Zimbabwe for the dissolution of the Corporation;

    “Air Malawi” means Air Malawi Limited, a company incorporated in Malawi under the Companies Act;

    “Corporation” means the Central African Airways Corporation established under Part IV of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963.*

3.    Revocation of Part IV of G.N. 273/1963

    Part IV of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council is hereby revoked as respects Malawi.

4.    Transitional provisions

    (1) Subject to the provisions of the Agreement—

    (a)    all assets, liabilities, rights and obligations in, or appertaining to, the operations of the Corporation within Malawi which immediately before the date of commencement of these Regulations were vested in, owing to or incurred by the Corporation or any person on behalf of the Corporation are hereby vested in Air Malawi;

    (b)    all bonds, charges, agreements, contracts, instruments and working arrangements creating or giving rise to liabilities, rights or obligations in, or appertaining to the operations of, the Corporation within Malawi which immediately before the date of commencement of these Regulations were subsisting in favour of, or against, any person on behalf of the Corporation shall on that date become enforceable in favour of or against Air Malawi as if, instead of the Corporation or such person, Air Malawi had been named therein or had been party thereto;

    (c)    all proceedings, judgements or causes in action which were pending or existing immediately before the date of commencement of these Regulations—

*Part IV Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, has been revoked as respects Malawi. (See regulation 3 above)

        (i)    relating to or connected with any asset, liability, right or obligation referred to in paragraph (a); or

        (ii)    arising out of any bond, charge, agreement, instrument or working arrangement referred to in paragraph (b);

shall be continued or enforced by or against Air Malawi as they might have been continued by or against the Corporation or any person on behalf of the Corporation had these Regulations not come into force.

    (2) Where the transfer of any property transferred to or vested in Air Malawi under subregulation (1) is required by any written law to be registered, Air Malawi shall, within one year or within such other period as is prescribed by the written law, from the date of commencement of these Regulations, apply to the appropriate registering authority for the registration of the transfer and thereupon the registering authority shall, at no cost to Air Malawi or any person by way of registration fees stamp and other duties—

    (a)    make such entries in the appropriate register as shall give effect to the transfer;

    (b)    where appropriate, issue to Air Malawi a certificate of title or other statutory evidence of ownership of the property or make such amendment to the appropriate register as may be necessary; and

    (c)    make any necessary endorsement on such deeds or other documents as may be presented to such registering authority relating to the title, liability, right or obligation concerned.