RESTRICTION AND SECURITY ORDERS

CHAPTER 14:03
RESTRICTION AND SECURITY ORDERS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Power to make restriction orders

    4.    Power to make security orders

    5.    Procedure for making orders

    6.    Service of notice and arrest

    7.    Powers of judges or magistrates

    8.    Detention in custody pending decision

    9.    Contents of orders

    10.    Execution of orders

    11.    Expenses

    12.    Persons undergoing sentence

    13.    Revocation and variation of orders

    14.    Penalties for breach of order

    15.    Penalty for harbouring

    16.    Institution of proceedings

    17.    Evidence

    18.    Minister may make orders in relation to persons subject to restriction orders

    19.    Arrest without warrant

    20.    Rules

    21.    Appointment of magistrates

32 of 1954
G.N. 22/1963
73/1964(M)
166/1967

    An Act to Regulate the Making of Restriction and Security Orders in Respect of Undesirable and Convicted Persons

1.    Short title

    This Act may be cited as the Restriction and Security Orders Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “convicted person” means a person in respect of whom any court certifies to the Minister that he has been convicted, either by that court or by any inferior court from which his case has been brought by way of appeal, of any offence punishable with imprisonment otherwise than only in default of payment of a fine;

    “judge” means a Judge of the High Court;

    “magistrate” means, subject to section 6 (2) and (3), a person ­appointed to be a magistrate for the purpose of this Act under section 21;

    “person charged” means a person in respect of whom it is alleged that there are grounds for making a restriction order or security order under this Act and includes a person in respect of whom such an order has been made;

    “restriction order” means an order prohibiting the person in respect of whom it is made from entering or from leaving an area within Malawi without the consent of the officer specified in the order;

    “security order” means an order requiring the person in respect of whom it is made to give security in two or more sureties in such amount and for such time as may be therein specified to keep the peace and to be of good behaviour, or for indemnifying public funds for all costs, charges and expenses incurred in his regard, or for both such purposes, as may be appropriate in the case;

    “undesirable person” means a person who is or has been conducting himself so as to be dangerous to peace, good order, good government or public morals, or who is or has been attempting, or conducting himself in a manner calculated, to raise discontent or disaffection among the citizens or the inhabitants of Malawi, or to promote feelings of ill-will and hostility between different races or classes of the population of Malawi.

3.    Power to make restriction orders

    Subject to this Act, the Minister may, if he thinks fit, make a restriction order in respect of any person who is—

    (a)    a convicted person in respect of whom the court certifying to the Minister that he has been convicted recommends that a restriction order should be made in his case, either in addition to or in lieu of sentence;or

    (b)    an undesirable person.

4.    Power to make security orders

    (1) Subject to this Act, the Minister may, if he thinks fit, either in addition to making a restriction order under section 3 or separately, make a security order in respect of any person who is—

    (a)    a convicted person in respect of whom the court certifying to the Minister that he has been convicted recommends that a restriction order or a security order or both should be made in his case, either in addition to or in lieu of sentence;or

    (b)    an undesirable person.

    (2) Where a security order is made as aforesaid, a restriction ­ order shall be made in conjunction therewith to come into force upon ­default of compliance with the security order within a time therein fixed.

    (3) Where a security order has been complied with, the order shall, for the purposes of this Act, be deemed to remain in force so long as the security given thereunder subsists, and where a security order is revoked the said security shall cease to have effect.

5.    Procedure for making orders

    Except where a court has, in accordance with this Act, given a certificate recommending that an order should be made, no restriction order or security order shall be made under this Act except where a judge or magistrate has, in accordance with section 7, made a report on the case and the Minister is…