PRESERVATION OF PUBLIC SECURITY: SUBSIDIARY LEGISLATION
DECLARATION
under s. 3
G.N. 70/1964(M)
The Minister has declared that section 3 (2) of the Act shall come into operation.
THE PUBLIC SECURITY REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Control orders
4. Acts, words or writings prejudicial to public safety or public order
5. Control of firearms, ammunition and explosives
6. Illegal possession of firearms
7. Special areas
8. Power to disconnect telephones
9. Power to obtain information
10. Consorting with and harbouring suspected persons
11. Control of vessels and vehicles
12. Obligation to do work to render services
13. Powers of search
14. Penalties
G.N. 43/1965
70/1965
127/1965
38/1966
15/1977
6/1994
THE PUBLIC SECURITY REGULATIONS
under s. 3
These Regulations may be cited as the Public Security Regulations.
In these Regulations, unless the context otherwise requires—
“authorized officer” includes a police officer not below the rank of Inspector, a person holding a commission in the armed forces of Malawi and any person duly authorized in writing as an authorized officer for the purpose of these Regulations by the Minister or by the Commissioner of Police;
“firearm” means any barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or other missile, and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing dangerous to human beings, and includes any component part of any such weapon as aforesaid and any accessory to any such weapon designed or adapted to eliminate or diminish the noise or flash caused by firing any such weapon, but does not include any antique firearm which has been rendered incapable of use a s a firearm.
G.N. 6/1994
(1) The Minister may, if he considers it to be necessary for the preservation of public order so to do, make a control order against any person (hereinafter referred to as “a controlled person”).
(2) A control order may be made for all or any of the following purposes, that is to say—
(a) for prohibiting, except insofar as may be permitted by the order or by a written permit issued by the Minister, the controlled person from entering, leaving or remaining in any such place or area in Malawi as may be specified in the order;
(b) for requiring the controlled person to notify his movements in such manner, at such times and to such persons as may be specified in the order; and
(c) for requiring the controlled person to report to such persons, at such times and at such places as may be specified in the order.
(3) Any permit issued under subregulation (2) (a) shall specify the purpose for which it is issued and may be issued subject to such terms and conditions as may appear expedient to the Minister.
(4) A control order shall come into force upon the date thereof and the controlled person shall forthwith remove or be removed from any place from which he is prohibited from entering or remaining in or to any place which he is prohibited from leaving by an authorized officer, police officer or any person acting on behalf of the Minister. Any controlled person, whilst being so removed, shall be deemed to be in lawful custody.
(5) A controlled person who contravenes any of the provisions of the control order made against him or who fails to comply with any of the terms and conditions of any permit issued under subregulation (2) (a) shall be guilty of an offence.
(6) Any controlled person who is at any time in any place or area in contravention of the provisions of a control order or of the terms or conditions of any permit issued under subregulation (2) (a) may be removed from that place or area by any authorized officer, police officer or any person acting on behalf of the Minister, and for such purpose such force as may be reasonably necessary may be used. Any controlled person,whilst being so removed, shall be deemed to be in lawful custody.
(7) In every case where a control order has been made under this regulation, the Minister, or other such person as may be appointed by the Minister for this purpose, shall, at the end of a period of six months from the date of the making of such order, and thereafter at the end of every ensuing three months, review such order and shall consider whether such order should be revoked or amended having regard to all the circumstances.
(8)…
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