TREATIES AND CONVENTIONS PUBLICATION

CHAPTER 16:02
TREATIES AND CONVENTIONS PUBLICATION

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Publication of treaties, conventions and agreements, etc.

    3.    Version published to be in the English language and prima facie evidence

    4.    Publication deemed not to be a sufficient substitute if, for implementation, an Act or any subsidiary legislation is required

15 of 1984

    An Act to enable the publication of certain international treaties, conventions and agreements to which the Government has acceded or become signatory, or of any article, term, covenant or provision contained therein, and to provide for matters incidental thereto and connected therewith

1.    Short title

    This Act may be cited as the Treaties and Conventions Publication Act.

2.    Publication of treaties, conventions and agreements, etc.

    Whenever the Minister is of opinion that an international treaty, convention or agreement to which the Government has acceded or become signatory, or any article, term, covenant or provision of any such treaty, convention or agreement, relates to or may in any manner affect any obligation or right, or the status, of any person ordinarily resident in Malawi, or any right of property in Malawi, or any commercial or other dealing or transaction between persons ordinarily so resident and residents or citizens of any foreign country, he may by Order cause to be published—

    (a)    the whole of such treaty, convention or agreement; or

    (b)    such article, term, covenant or provision, or (as the case may be) such part, thereof as he deems to be relevant,

    and in like manner he may amend any such Order.

3.    Version published to be in the English language and prima facie evidence

    The version of the whole or any part of an international treaty, convention or agreement or, as the case may be, of an article, term, covenant or provision thereof published pursuant to section 2 shall be in the English language and shall be prima facie evidence of the authentic English language version of such treaty, convention or agreement or part thereof, or of such article, term, covenant or provision thereof.

4.    Publication deemed not to be a sufficient substitute if, for implementation, an Act, or any subsidiary legislation is required

    Where the whole or part of an international treaty, convention or agreement or any article, term, covenant or provision thereof either expressly or by reason of its subject matter impliedly requires for the purpose of its implementation or the giving to it of force or effect in Malawi, the enactment of an Act of Parliament or any subsidiary legislation, the publication thereof pursuant to section 2 shall not be deemed to be a sufficient substitute for that requirement or for such Act of Parliament or subsidiary legislation.