PENAL CODE: SUBSIDIARY LEGISLATION
NOTICE SPECIFYING PUBLIC SERVICE
under s. 46
G.N. 25/1968
PROHIBITED PUBLICATIONS ORDER
under s. 46
G.N. 135/1980
107/1983
154/1983
20/1985
29/1985
57/1985
33/1986
146/1987
25/1993
9/1994
84/1995
UNLAWFUL SOCIETIES ORDER
under s. 64 (2) (ii)
235/1969
127/1967
85/1993
APPLICATION OF SECTION 185 ORDER
under s. 185
G.N. 189/1955
It has been directed that section 185 of the Penal Code shall extend to the areas described in the Schedule hereto.
SCHEDULE
1. The City of Blantyre whose boundaries are set out in G.N. 11/ 1964 (N) (L.G. Supp. Cap. 22:01).
2. The City of Lilongwe whose boundaries are set out in G.N. 157/ 1966 (L.G. Supp. Cap. 22:01).
3. The Salima Township whose boundaries are set out in G.N. 162/ 1966 (L.G. Supp. Cap. 22:01).
4. The Municipality of Zomba whose boundaries are set out in G.N. 163/1966 (L.G. Supp. Cap. 22:01).
REMOVAL ORDERS (APPEALS) RULES
under s. 186 (4)
G.N. 11/1956
These Rules may be cited as the Removal Orders (Appeals) Rules.
Every appeal against a removal order shall be entered within thirty days of the date of such order:
Provided that—
(a) in computing the said period of limitation the time requisite for obtaining a copy of the order appealed against shall be excluded; and
(b) the High Court may for good cause admit an appeal though the period of limitation prescribed in this Rule has elapsed.
(1) Every appeal against an order made under section 185 of the Penal Code shall be made in the form of a petition in writing presented by the appellant or his legal practitioner, and every such petition shall, unless the High Court otherwise directs, be accompanied by a copy of the order appealed against.
(2) Where the appellant is represented by a legal practitioner the petition shall contain particulars of the matters of law or of fact in regard to which the subordinate court appealed from is alleged to have erred.
If the appellant is in prison he may present his petition of appeal and the copies accompanying the same to the officer in charge of the prison, who shall thereupon forward such petition and copies to the Registrar of the High Court.
The High Court shall cause notice to be given to the appellant or his legal practitioner and to the Chief Public Prosecutor of the time and place at which such appeal will be heard, and shall furnish the Chief Public Prosecutor with a copy of the proceedings and of the grounds of appeal.
The appellant whether in custody or not shall be entitled to be present at the hearing of his appeal.
(1) When a case is decided on appeal by the High Court, the High Court shall certify its judgment or order to the court by which the order appealed against was recorded or passed.
(2) The court to which the High Court certifies its order shall thereupon make such orders as are conformable to the judgment or order of the High Court, and, if necessary the records shall be amended in accordance therewith.
(1) In dealing with an appeal under section 186 of the Penal Code the High Court, if it thinks additional evidence is necessary, shall record its reasons, and may either take such evidence itself or direct it to be taken by a subordinate court.
(2) When additional evidence is taken by a subordinate court on the direction of the High Court, such subordinate court shall certify such evidence to the High Court, which shall thereupon proceed to dispose of the appeal.
(3) Unless the High Court otherwise directs, the appellant or his legal practitioner shall be present when any additional evidence is taken.
(4) Evidence taken in pursuance of this rule shall be taken as if it were evidence taken at a trial before a subordinate court.
Members-only content
Continue reading this exclusive content by subscribing to one of our membership plans.