Malawi >

Malawi - - Regulation, Decree, Ordinance

Disaster Preparedness and Relief (Floods) (Disaster Declaration) Notice, 2022 (G.No. 8 of 2022). -

Adoption: 2022-02-25 | MWI-2022-R-112669

Malawi - - Law, Act

Political Parties (Amendment) Act, 2022 (Act 1 of 2022). -

Adoption: 2022-01-28 | MWI-2022-L-112667

Malawi - - Law, Act

Labour Relations (Amendment) Act, 2001 (No. 16 of 2021). -

Adoption: 2021-10-07 | MWI-2021-L-112665

The Act amends the following sections of the Principal Act - 46 (payment of wages during a strike), 47 (resolution of disputes with respect to essential services), 65, 66, 67 (Industrial Relations Court). It also repeals sections 68 and 70.

Malawi - - Law, Act

Employment (Amendment) Act, 2021 (Act No. 17 of 2021). -

Adoption: 2021-10-07 | MWI-2021-L-112666

The Act makes the following amendments:
- section 3, amendment of some of the definitions
- section 4, replacement of the section with a new section concerning 'Prohibition against unlawful labour', which includes forced and tenancy labour;
- section 5, extends the grounds for non-discrimination;
- section 45, criteria for paid leave;
- addition of new section 46A concerning special work conditions for pregnant or breastfeeding women;
- amendment to section 47;
- addition of a new section 47A concerning paternity leave;
- addition of a new section 50A concerning deduction of wages for participation in a strike; and
- amendment to section 51.

Malawi - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

RIATT-ESA Strategic Plan and Costed Implementation Plan (2019-2022).

Adoption: 2019 | INT-2019-M-111800

Malawi - - Law, Act

HIV and AIDS (Prevention and Management) Act, 2018 (No. 9 of 2018). -

Adoption: 2018-02-09 | MWI-2018-L-108964

An Act to make provision for the prevention and management of HIV and AIDS; to provide for the rights and obligations of persons living with HIV or affected by HIV and AIDS; to provide for the establishment of the National AIDS Commission; and to provide for matters incidental thereto or connected therewith

Malawi - - Law, Act

Political Parties Act, 2018 (No. 1 of 2018). -

Adoption: 2018-02-02 | MWI-2018-L-108965

An Act to make provision for regulating the registration, Financing and functioning of political parties; and to provide for matters incidental thereto and connected therewith.

Malawi - - Law, Act

Access to Information Act, 2016 (No. 13 of 2017). (Access to Information Act, 2016 (No. 1 of 2016).) -

Adoption: 2017-02-10 | MWI-2017-L-104035

Part I - Preliminary
Part II - Oversight Mechanism for Implementation of Access to Information
Part III - Compliance with Access to Information Obligations
Part IV - Disclosure of Certain Categories of Information
Part V - Procedure for Access to Information
Part VI - Information Exempt from Disclosure
Part VII - Internal Review of Decisions of Information Holders
Part VIII - Review of Decisions of Information Holders
Part IX - Protection of Whistle Blowers
Part X - Offences and Penalties
Part XI - Miscellaneous

Malawi - - Law, Act

Human Rights Commission (Amendment) Act, 2016 (No. 21 of 2016). -

Adoption: 2016-09 | MWI-2016-L-108962

Malawi - - Law, Act

Trafficking in Persons Act, 2015 (No. 3 of 2015).

Adoption: 2015-04-10 | MWI-2015-L-99187

An Act to make provision for the prevention and elimination of trafficking in persons; to provide for the establishment of the National Coordination Committee against Trafficking in Persons or the coordination and management of matters related to trafficking in persons; and to provide for matters incidental thereto and connected therewith.

Malawi - - Law, Act

Disability Act, 2012 (No. 8 of 2012). -

Adoption: 2012-07-10 | MWI-2012-L-104036

Makes provisions for prohibition of discrimination against persons with disabilities with respect to, inter alia, employment, training and education, social services, political and public life, right to association, housing and sporting and cultural opportunities. Sets up a disability trust fund.

Malawi - - Law, Act

Labour Relations (Amendment) Act, 2012 (No. 1 of 2012). -

Adoption: 2012-04-16 | MWI-2012-L-108961

Malawi - - Regulation, Decree, Ordinance

Employment (Prohibition of Hazardous Work for Children) Order 2012. -

Adoption: 2012-01-25 | MWI-2012-R-93425

1. Citation
2. Interpretation
3. Maximum daily and weekly working hours
4. Night work
5. Work in extreme temperature
6. Prohibited work
7. Lifting of heavy weights
8. Transporting of heavy weights
9. Offences and penalties

SCHEDULE - LIST OF PROHIBITED WORK
1. Agriculture Sector
2. Industry
3. Entertainment Sector
4. Tourism Sector
5. Health Sector
6. Miscellaneous

Malawi - - Law, Act

Civil Procedure (Suits by or against the Government or Public Officers) (Amendment) Act, 2011 (No. 11 of 2011). -

Adoption: 2011-06-30 | MWI-2011-L-90368

Repeals and replaces section 10 of the Act concerning restrictions on the granting of injunctions against the Government.

Malawi - - Law, Act

Pension Act, 2010 (No. 6 of 2011). -

Adoption: 2011-04-01 | MWI-2011-L-90373

Part I - Preliminary
Part II - Contributory National Pension Scheme
Part III - Mandatory Provisions
Part IV - Registration and Lisencing
Part V - Requirements for Trustees, Investment Managers, Administrators, Custodians, Pension Brokers, and Actuaries of Pension Funds and Umbrella Funds
Part VI - Requirements for Fund Rules of Pension Funds and Umbrella Funds
Part VII - Prudential and other Requirements for the Operation of Pension Funds and Umbrella Funds
Part VIII - Giving Information to Fund Members and Beneficiaries
Part IX - Contributions and Investment Returns
Part X - Pensions and Other Benefits
Part XI - Miscellaneous Provisions
Part XII - Transitional Arrangements

Malawi - - Law, Act

Child Care, Protection and Justice Act, 2010 (No. 22 of 2010). -

Adoption: 2010-07-29 | MWI-2010-L-90369

PART I - PRELIMINARY
PART II-CHILD CARE AND PROTECTION
Division l-Child Care and Protection by the Family
Division 2-Children in Need of Care and Protection
Division 3-Guardianship
Division 4-Fosterage
Division 5 - Support for Children by Local Authorities
Division 6 - Protection of Children from Undesirable Practices
PART III-CHILDREN SUSPECTED TO HAVE COMMITTED OFFENCES
Division 1 - General Principles
Division 2 - Methods of Bringing a Child Offender Before a Court or Other Inquiry
Division 3 - Detention Before a Finding Against a Child
Division 4 - Preliminary Inquiry
Division 5-Diversion
PART IV- DETERMINATION OF AGE OF A CHILD
PART V -LEGAL REPRESENTATION
PART VI-CHILD JUSTICE COURTS: ESTABLISHMENT, JURISDICTION,COMPOSITION, PROCEDURE AND POWERS
PART VII-CHILD CASE REVIEW BOARD
PART VIII-REFORMATORY CENTRES AND SAFETY HOMES
PART IX-GENERAL
PART X-TRANSITIONAL PROVISIONS

Also repeals the Affiliation Act (Cap. 26:02)

Malawi - - Law, Act

Employment (Amendment) Act, 2010 (No. 27 of 2010). -

Adoption: 2010-07-29 | Date of entry into force: 2011-06-01 | MWI-2010-L-91385

Contains 6 articles:
l. Short title and commencement
2. Amendment of s. 35 of Cap. 55:01 [concerns severance allowances in case of dismissal]
3. Insertion of a new s. 35A into the principal Act [concerns the payment of gratuities in the case of retirement and dismissal for employees that are exempted from the Pensions Act 2010]
4. Replacement of s. 53 of the principal Act [concerns payment of remuneration on termination of employment]
5. Transitional
6. Replacement of First Schedule to the principal Act [new Schedule entitled "First Schedule, Part I - Severance Allowance; Part II - Salary Threshold".

Malawi - - Law, Act

Microfinance Act, 2010 (No. 21 of 2010). -

Adoption: 2010-07-10 | MWI-2010-L-90372

An Act to provide for the regulation and supervision of microfinance services.

Malawi - - Law, Act

Insurance Act, 2010 (No. 9 of 2010). -

Adoption: 2010-01-08 | MWI-2010-L-90370

Regulates the insurance broker and agents sector.

Malawi - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Malawi National Policy on Equalisation of Opportunities for Persons with Disabilities. -

Adoption: 2006-06 | MWI-2006-M-104037

Malawi - - Law, Act

Money Laundering and Proceeds of Serious Crime and Terrorist Financing Act, 2006 (No. 11 of 2006). -

Adoption: 2006 | MWI-2006-L-90371

An Act to enable the unlawful proceeds of all serious crime and terrorist financing to be identified, traced, frozen, seized and eventually confiscated; to establish a Financial Intelligence Unit for the better prevention, investigation and prosecution of money laundering, terrorist financing and other financial and serious crime, to require financial institutions to take prudential measure to help combat money laundering and terrorist financing; and to provide for matters connected with or incidental to the foregoing.

Malawi - - Regulation, Decree, Ordinance

Courts (Mandatory Mediation) Rules, 2004. -

Adoption: 2004 | MWI-2004-R-72201

Apply to civil actions pending before the High Court and subordinate courts.

Malawi - - Law, Act

Worker's Compensation Act, 2000 (No. 7 of 2000). -

Adoption: 2000-05-14 | MWI-2000-L-58427

Makes provision for compensation for injuries suffered or diseases contracted by workers in the course of their employment or for death resulting from such injuries or diseases. Also provides for the establishment and administration of a Workers' Compensation Fund. Individual parts deal with eligibility for compensation in case of injury other than the contraction of a scheduled disease (Part II), compensation for injury caused otherwise than by the contraction of a scheduled disease (Part III), calculation and distribution of compensation (Part IV), medical aid (Part V), compensation for injury due to the contraction of scheduled diseases (Part VI), procedures for obtaining compensation (Part VII), establishment of the Board (Part VIII), administration (Part IX), appeals (Part X), and a Workers' Compensation Fund (Part XI).

Malawi - - Law, Act

Employment Act 1999 (No. 6 of 2000) (Cap. 55:02). -

Adoption: 2000-05-14 | MWI-2000-L-58791

Comprehensive legislation on employment. Part II makes provision for prohibition against forced labour, anti-discrimination, equal pay, and remedies for infringement of fundamental rights. Part III regulates rights and duties of Labour Commissioner and labour officers. Part IV deals with employment of young persons, including prohibition against child labour, and Part V with labour contracts. Part V provides for hours of work, weekly rest and leave, and Part VII for wages. Finally, Part VIII makes provision for discipline and dismissal.

Malawi - - Law, Act

Pesticides Act (Cap. 35:03) (No. 12 of 2000). -

Adoption: 2000-05-01 | MWI-2000-L-94726

An Act to provide for the control and management of the import, export, manufacture, distribution, storage, disposal and use of pesticides; the establishment of a Pesticides Control Board; and further to provide for matters incidental thereto or connected therewith.

Malawi - - Law, Act

Technical, Entrepreneurial and Vocational Education and Training Act, 1999 (Act No. 6 of 1999)

Adoption: 1999-02-14 | MWI-1999-L-72218

The Act covers the following:
1. The objectives of Technical Education and Training
2. The establishment of Technical, Entrepreneurial and Vocational Education and Training Authority of Malawi.
3. Establishment of Board of the Authority
4. Technical, Entrepreneurial and Vocational Education and Training Payroll-Levy
5. Establishment of Technical, Entrepreneurial and Vocational Education and Training Fund

Malawi - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Industrial Relations Court (Procedure) Rules, 1999 (G.N. No. 16).

Adoption: 1999 | MWI-1999-M-75417

Sets out the operating hours of the Registrar of the Court, their duties and procedures related to the filing and treatment of documents. Also contains rules with respect to in court procedures, witnesses, evidence, language of the court court records and costs as well as judgement.

Malawi - - Constitution

Constitution (Amendment) Act, 1998 (No. 38 of 1998).

Adoption: 1998-12-08 | MWI-1998-C-54093

Amendments regarding tenure of office of the President and dissolution of the National Assembly with respect to the holding of elections.

Malawi - - Law, Act

Cooperative Societies Act (No. 36 of 1998). -

Adoption: 1998-11-26 | MWI-1998-L-52615

Consolidates law governing cooperative societes. Covers registration of societies, rights and liabilities of members, duties of registered societies, and dissolution of societies. Part VII establishes a National-Cooperative Education Fund. Repeals the Cooperatives Societies Act (Cap. 47:02).

Malawi - - Law, Act

Human Rights Commission Act, 1998 (No. 27 of 1998). -

Adoption: 1998 | MWI-1998-L-108963

Malawi - - Law, Act

Occupational Safety, Health and Welfare Act, 1997 (No. 21 of 1997). -

Adoption: 1997-08-23 | MWI-1997-L-57356

Makes provision for the regulation of conditions of employment in workplaces with regard to safety, health and welfare of employees; for the inspection of certain plant and machinery; for the prevention and regulation of accidents occurring to persons employed or authorised to go into the workplace, and for some related matters. Part II deals with registration of workplaces, Part III with duties and responsibilites of employers and employees, Part IV with health and welfare, Part V with machinery safety, Part VI with health and safety, Party VII with notification and investigation of accidents, dangerous occurences and industrial diseases, Part VIII with records, Part IX with administrative matters, and Part X with offences, penalties and legal proceedings.

Malawi - - Law, Act

Forestry Act (No. 4 of 1997). -

Adoption: 1997-04-18 | MWI-1997-L-86507

The principal areas covered by this Act are participatory forestry, forest management, forestry research, forestry education, forest industries, protection and rehabilitation of environmentally fragile areas, sustainable use of forest products, agro-forestry, strengthening of institutions, trafficking in forestry produce, biodiversity conservation, establishment of a forestry administration. The Act is made up of 87 sections, divided into 14 Parts.

Malawi - - Constitution

Constitution (Amendment) (No. 2) Act, 1995.

Adoption: 1997-02-11 | MWI-1997-C-46413

Amends provisions of the Constitution relating to the office of the Director of Public Prosecutions, and the Chairman of the National Compensation Tribunal, and disclosure of assets of members of the government.

Malawi - - Law, Act

Environment Management Act, 1996 (No. 23 of 1996). -

Adoption: 1996-08-05 | MWI-1996-L-45482

Provides general environmental legislation, including the right for every person to a clean and healthy environment. To protect this right, establishes a National Council for the Environment which shall formulate policy governing the utilization of resources and environmental protection measures. Calls for the presentation of a National Environmental Action Plan. Allows the responsible minister to regulate, inter alia, the conservation of biological diversity, access to genetic materials, discharge of hazardous waste, and to declare environmental protection areas. Provides for environmental inspectors and sets forth penalites for offences against the Act.

Malawi - - Law, Act

National Youth Council of Malawi Act, 1996 (No. 22 of 1996).

Adoption: 1996-07-03 | MWI-1996-L-45481

Establishes a National Youth Council of Malawi with the purpose of developing and promoting youth activities, including the promotion of training courses.

Malawi - - Law, Act

National Construction Industry Act, 1996 (No. 19 of 1996).

Adoption: 1996-07-02 | MWI-1996-L-45480

Establishes a National Construction Industry Council of Malawi with the purpose of regulating the construction industry, so as to give advantage to Malawi construction enterprises, promote safety in the construction industry, register persons employed in the industry, review the procedure for awarding contracts, and discipline persons who breach industry regulations.

Malawi - - Law, Act

Ombudsman Act, 1996 (No. 17 of 1996).

Adoption: 1996-06-26 | MWI-1996-L-45990

Defines and prescribes powers, duties and functions of the Ombudsman.

Malawi - - Law, Act

Labour Relations Act, 1996 (No. 16 of 1996) (Cap. 54:01). -

Adoption: 1996-05-23 | MWI-1996-L-44859

Part II provides for the freedom of association. No person shall be required to join a trade union or shall be discriminated against for joining one. Trade unions may not discriminate against anyone on the grounds of race, colour, nationality, sex, disability or religion. Part III covers registration of trade unions. Part IV relates to collective bargaining and organizational rights. If employers refuse to enter into collective bargaining, the Minister may establish an industrial council. Part V concerns dispute settlement. Disputes shall be settled in the Industrial Relations Court. Should this fail, parties may engage in a strike or lockout, provided they are not an essential service. Persons engaged in strike or lockout activities in conformity with the Act are immune from civil proceedings. Employers shall not hire replacement labour for striking workers. Part VI establishes a Tripartite Labour Advisory Council; Part VII relates to the Industrial Relations Court.

Malawi - - Law, Act

Government Teaching Service Commission Act, 1996 (No. 12 of 1996).

Adoption: 1996-04-30 | MWI-1996-L-44861

Establishes a Government Teaching Service Commission to regulate the employment and discipline of teachers in the Government Teaching Service.

Malawi - - Law, Act

Public Enterprises (Privatization) Act, 1996 (No. 7 of 1996). -

Adoption: 1996-04-17 | MWI-1996-L-44860

Establishes a Privatization Commission to manage the privatization of public enterprises. Sets forth the procedures of privatization and regulates the use of proceeds from the sale of public companies.

Malawi - - Law, Act

Corrupt Practices Act, 1995 (No. 18 of 1995).

Adoption: 1995-12-01 | MWI-1995-L-44862

Establishes an Anti-Corruption Bureau with the function of investigating corruption in public and private bodies. Sets forth offences against the Act. Allows the Bureau to investigate public officials who appear to be living beyond their means.

Malawi - - Law, Act

Nurses and Midwives Act, 1995 (No. 16 of 1995).

Adoption: 1995-11-27 | MWI-1995-L-44646

Establishes a Nurses and Midwives Council with the purpose of administering the certification, licensing and disciplining of nurses and midwives.

Malawi - - Law, Act

Inland Waters Shipping Act (No. 12 of 1995).

Adoption: 1995-08-02 | MWI-1995-L-44645

Provides comprehensive legislation covering inland sea traffic. Part IV covers ship inspection; Part VII crew certification; and Part VIII safety procedures. Part IX covers conditions of employment of crew members with provisions relating to wages, dismissal, paid leave, sick leave, discipline and return of seamen.

Malawi - - Law, Act

Export Processing Zones Act (No.4 of 1995).

Adoption: 1995-07-19 | MWI-1995-L-56994

Provides for the establishment, operation and administration of export processing zones.

Malawi - - Constitution

Constitution (Amendment) Act, 1995 (Act No. 6 of 1995).

Adoption: 1995-05-17 | MWI-1995-C-41692

Makes numerous amendments to Constitution, including section 210 (b), which provides that the Senate shall not be established before May, 1999.

Malawi - - Constitution

Republic of Malawi (Constitution) Bill, 1995 (Act No. 7 of 1995).

Adoption: 1995-05-17 | MWI-1995-C-41693

Brings into force the Constitution of the Republic of Malawi, which provisionally came into force on 18 May 1994.

Malawi - - Constitution

Constitution (Amendment) Act, 1995 (No. 6 of 1995).

Adoption: 1995-05-17 | Date of entry into force: 1995-05-18 | MWI-1995-C-44022

Numerous amendments to the Constitution, inter alia amending provisions relating to the code of ethics for government officials.

Malawi - - Constitution

Republic of Malawi (Constitution) (Amendment) Act, 1994 (No. 31 of 1994).

Adoption: 1994-11-11 | MWI-1994-C-44020

Amends provisions concerning the functions of the Vice-President.

Malawi - - Regulation, Decree, Ordinance

Traditional Courts (Procedure) (Amendment) Rules, 1994 (G.N. No. 95 of 1994)

Adoption: 1994-11-02 | MWI-1994-R-40213

Malawi - - Constitution

Constitutional Amendment, 1999 (Act No. 11).

Adoption: 1994-05-18 | Date of entry into force: 1999-05-24 | MWI-1994-C-56768

Provides that 1999 elections shall be held no later than 15 June, on a day appointed by the Electoral Commission.