PROTECTED PLACES AND AREAS

CHAPTER 14:04
PROTECTED PLACES AND AREAS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Authorization of guards and watchmen

    4.    Protected places

    5.    Protected areas

    6.    Publication of orders

    7.    Measures for protection of protected place or area

    8.    Safeguarding of information

    9.    Regulations

    10.    Powers of arrest

    11.    Application to Government

6 of 1960
G.N. 22/1963
16/1964(M)
137/1966

    An Act to make provision for the control of the entry of persons into certain places and for the control of the movements and conduct of persons within certain areas and to provide for matters connected therewith

1.    Short title

    This Act may be cited as the Protected Places and Areas Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “authorized officer” means—

    (a)    any police officer of or above the rank of Inspector Grade II;

    (b)    any administrative officer;

    (c)    any person performing the duties of a guard or watchman in a protected place or a protected area authorized in that behalf under section 3; or

    (d)    any other person or class of persons declared by the Minister, in his discretion, by notice published in the Gazette to be such either generally or in respect of any specified place or area or classes of place or area;

    “premises” includes any land in Malawi and any building or structure on such land;

    “protected area” means any area declared to be a protected area under section 5 and includes any building or structure on any land within such area; and

    “protected place” means any premises declared to be a protected place under section 4.

3.    Authorization of guards and watchmen

    Any administrative officer or any police officer of or above the rank of Assistant Superintendent may authorize in writing any person performing the duties of a guard or a watchman in a protected place or a protected area to exercise the powers of an authorized officer in such place or area.

4.    Protected places

    (1) If, in regard to any premises, it appears to the Minister to be necessary or expedient that special precautions should be taken to prevent the entry of unauthorized persons, he may, in his discretion, by order declare those premises to be a protected place for the purposes of this Act; and so long as the order is in force no person shall be in those premises unless he is in possession of a permit issued by such authority or person as may be specified in the order, or has received the permission of an authorized officer on duty at those premises to enter them.

    (2) Where under this section any person is granted permission to be in a protected place, that person shall, while acting under such permission, comply with such directions for regulating his conduct as may be given by the authority or person granting the permission, and an authorized officer or any person authorized in that behalf by the occupier of the premises may search any person entering, or seeking to enter, or being in a protected place, and may detain any such person for the purpose of searching him.

    (3) If any person is in a protected place in contravention of this section or, while in such place, fails to comply with any directions given under this section, he shall be liable to a fine of £1,000 and to imprisonment for five years, and he may in addition be removed from the place by an authorized officer or by any person authorized in that behalf by the occupier of the premises.

    (4) Permits issued under subsection (1) shall be in such form as the authority or other person issuing them may determine.

    (5) An authorized officer may exempt any person or any class of persons from complying with this section.

5.    Protected areas

    (1) If, in regard to any area it appears to the Minister to be necessary or expedient that special measures should be taken to control the movements and conduct of persons, he may, in his discretion, by order declare such area to be a protected area.

    (2) Any person who is in any protected area shall comply with such directions regulating his movements and conduct as may be given by an authorized officer, and an authorized officer may search any person ­entering, or seeking to enter, or being in a protected area, and may detain any such person for the purpose of searching him.

    (3) If any person while in a protected area fails to comply with any direction given under subsection (2), he shall be liable to a fine of £1,000 and to imprisonment for five years, and he may in addition be removed from the area by an…