Laws of Malawi

RIOT DAMAGES

Muli bwanji!Lilongwe

CHAPTER 14:10
RIOT DAMAGES

ARRANGEMENT OF Sections

    1.    Short title

    2.    Interpretation

    3.    Restricted areas

    4.    Powers in restricted areas

    5.    Restriction on change of residence

    6.    Declaration of riot damage area

    7.    Riot Damage Commissioner

    8.    Imposition and collection of levy

    9.    Payment from the Riot Damage Fund

    10.    Penalty

5 of 1959
G.N. 229/1963
219/1964(N)
166/1967

    An Act to Provide Compensation for Losses by Riots and of Matters Incidental Thereto

1.    Short title

    This Act may be cited as the Riot Damages Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Commissioner” means a Riot Damage Commissioner appointed under section 7 (1);

    “District Commissioner” shall, at any time when a District Com­missioner is absent from the administrative headquarters of his District, mean the senior administrative officer present at such headquarters;

    “levy” means a levy imposed under section 8;

    “restricted area” means any area declared to be a restricted area under section 3;

    “riot” includes an unlawful assembly, and “riotously assembled” includes unlawfully assembled;

    “riot damage area” means an area so declared under section 6.

3.    Restricted areas

    (1) Where any riot has occurred and by reason thereof any shop, house or other building has been damaged or destroyed, or any property or article has been damaged or destroyed, or any personal injury has been caused, the District Commissioner of the District in which such riot occurred may define any area in which, in his opinion—

    (a)    the riot occurred;

    (b)    the persons reported to have taken part in such riot were residing at the time of such riot,

    and may declare such area or areas to be a restricted area for the purposes of this Act.

    (2) The District Commissioner shall cause the declaration of a restricted area to be published in such manner as he may think necessary in order to bring it to the notice of all persons who, in his opinion, ought to have notice thereof.

    (3) Where any area has been declared under subsection (1), sections 4 and 5 shall apply thereto for such period, not exceeding twenty-eight days, as the District Commissioner concerned shall specify:

    Provided that the Minister may at any time terminate such period as aforesaid.

    (4) Whenever a District Commissioner exercises any of the powers conferred by this section he shall forthwith make a report to the Minister.

4.    Powers in restricted areas

    (1) A District Commissioner may, subject to any general or special directions of the Minister, take such steps as may appear to him to be necessary to prevent or regulate ingress to and egress from any restricted area for such period as may be reasonably required to enable authorized officers to obtain the names, addresses and identifying particulars of all persons found within such area.

    (2) Any person who—

    (a)    uses force to enter or leave, or to attempt to enter or leave, any restricted area; or

    (b)    obstructs any authorized officer in the performance of his duties; or

    (c)    fails to obey any reasonable order given to him by an authorized officer for the purposes of this section; or

    (d)    fails to answer any question put to him by an authorized officer for the purposes of this section, or returns an untruthful answer to any such question,

shall be guilty of an offence and may be arrested by an authorized officer without warrant.

    (3) For the purposes of this section, “authorized officer” means any administrative officer, police officer, or such other person, or class of persons, as the Minister may, by notice published in the Gazette, appoint.

5.    Restriction on change of residence

    (1) No person residing within a restricted area shall change his residence, within or without such area, without the written permission of the District Commissioner, or of any person authorized by the District Commissioner in that behalf.

    (2) The District Commissioner may, before written permission is given under subsection (1), require any person or class of per­sons who wishes to change his residence without a restricted area to deposit with such District Commissioner a sum not exceeding £5 to be used to defray any levy which may be imposed upon such persons.

    (3) Any portion of such deposit remaining after the payment of any levy imposed under section 8, or, if no such levy be imposed, the whole of such deposit shall be repaid to the person making the same upon application being made to the office of the District Commissioner in that behalf.

6.    Declaration of riot damage area

    (1) Where any riot has occurred and by reason thereof any shop, house or other building has been damaged or destroyed, or any property or article has been damaged or…

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