Malawi > General provisions

Malawi - General provisions - 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 - General provisions - Law, Act

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

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

Malawi - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - Law, Act

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

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

Malawi - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - Law, Act

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

Adoption: 1998 | MWI-1998-L-108963

Malawi - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - 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 - General provisions - Regulation, Decree, Ordinance

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

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

Malawi - General provisions - 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.

Malawi - General provisions - Constitution

Republic of Malawi (Constitution) Act, 1994 (No. 20 of 1994) -

Adoption: 1994-05-16 | MWI-1994-C-40069

Consists of 23 Chapters and 214 sections. Chapter II provides for application and interpretation and Chapter III concerns fundamental principles (section 12 sets forth the fundamental constitutional principles and states: "All legal and political authority of the state derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests."). Chapter VI deals with human rights. The Constitution seeks to enshrine not only the principle of equality in general terms, but is quite specific in mandating gender equality (section 13) and prohibiting discrimination (section 20). Section 24 elaborates the rights of women, and section 30 provides for the right to development. The means of enforcement of these rights are not specified other than in the general provisions of section 46 which make reference to the Ombudsman and Human Rights Commission. Section 31 states that "every person shall have the right to fair and safe labour practices and to fair remuneration" but it does not refer to a right to strike. The right to freedom of association, which includes the right to form associations is affirmed in section 32 and the right is extended and clarified in section 40 to include, inter alia, the right to form, to join, to participate in the activities of, and to recruit members for a political party and to campaign for a political Party. Chapter X provides for an Ombudsman. Chapters XI and XII concerns the Human Rights Commission and the Law Commission, and Chapter XX provides for the civil service.

Malawi - General provisions - Constitution

Constitution (Amendment) Act, 1994 (No. 13 of 1994)

Adoption: 1994-05-02 | MWI-1994-C-40066

Matters concerning the office of President of the Republic.

Malawi - General provisions - Law, Act

Parliamentary and Presidential Elections (Amendment) Act, 1994 (No. 16 of 1994)

Adoption: 1994-03-30 | Date of entry into force: 1994-02-21 | MWI-1994-L-40067

Concerns election petitions in respect of election as member of the National Assembly or to office of the President.

Malawi - General provisions - Law, Act

Parliamentary and Presidential Elections Act, 1993 (No. 31 of 1993)

Adoption: 1993-11-18 | MWI-1993-L-37983

Malawi - General provisions - Constitution

Constitution (Amendment) (No. 3) Act, 1993 (No. 25 of 1993)

Adoption: 1993-11-17 | MWI-1993-C-37982

Inserts a new Chapter IA relating to the protection of fundamental rights and freedoms of the individual. Includes such rights and freedoms as, inter alia, the protection of right to life and right to personal liberty, protection from slavery and forced labour, protection from inhuman treatment, protection for privacy of home and other property, protection of freedom of conscience, freedom of expression, freedom of assembly and association, and protection from discrimination on the grounds of race, tribe, place of origin, political opinions, colour or creed.

Malawi - General provisions - Law, Act

National Consultative Council Act, 1993 (No. 20 of 1993)

Adoption: 1993-11-16 | Date of entry into force: 1993-08-23 | MWI-1993-L-37981

Establishes a National Consultative Council and a National Consultative Committee to oversee the transition from a one-party to a multi-party political system following the national referendum held on 14 June 1993. The Council shall, inter alia, participate in the formulation of policies and in the initiation of legislative measures necessary for the transition, and prepare the draft of a new electoral law, a new Constitution and a new Bill of Rights. Provides for rules of procedure to govern the conduct of business of the two bodies.

Malawi - General provisions - Constitution

Constitution (Amendment) (No. 2) Act, 1993 (No. 14 of 1993)

Adoption: 1993-06-29 | MWI-1993-C-34717

Provides that Malawi is to be a multiparty state, and that the provisions of the Constitution are to continue to apply until the assumption of power of government following the first multiparty general elections.

Malawi - General provisions - Regulation, Decree, Ordinance

Constitution (Referendum on Malawi's Political System) (Amendment) (No. 2) Regulations 1993 (G.N. No. 57 of 1993)

Adoption: 1993-05-26 | MWI-1993-R-33844

Amendments concerning publication of books and pamphlets, and determination and compilation of results.

Malawi - General provisions - Regulation, Decree, Ordinance

Constitution (Referendum on Malawi's Political System) Regulations, 1993 (G.N. No. 5 of 1993)

Adoption: 1993-02-04 | MWI-1993-R-40063

Malawi - General provisions - Constitution

Constitution (Amendment)(No. 2) Act, 1992

Adoption: 1992-11-13 | MWI-1992-C-33442

Provides that the President may at any time call a referendum by which eligible citizens of Malawi shall be asked to cast their votes to determine any matter or issue of national interest or concern.

Malawi - General provisions - Law, Act

Malawi Citizenship (Amendment) Act, 1992 (No. 22 of 1992)

Adoption: 1992-08-27 | MWI-1992-L-31972

Amends section 2 by deleting the definition "person of African race" and sections 4 and 5 by deleting the words "and is a person of African race".

Malawi - General provisions - Law, Act

Preservation of Public Security (Amendment) Act, 1992 (No. 17 of 1992)

Adoption: 1992-08-24 | MWI-1992-L-31971

Provides for rules in respect of detention of persons, arrest pending a detention order, trial of persons detained or arrested under the Act, review of detention orders, Detention Review Tribunal and rules of procedure.

Malawi - General provisions - Law, Act

Disaster Preparedness and Relief Act (Chapter 33:05). -

Adoption: 1992-03-16 | MWI-1992-L-112668

An Act to make provision for the co-ordination and implementation of measures to alleviate effects to disasters, the establishment of the office of Commissioner for Disaster Preparedness and Relief, the establishment of a National Disaster Preparedness and Relief Committee of Malawi, and for matters incidental thereto or connected therewith.

Malawi - General provisions - Law, Act

Investment Promotion Act 1991.

Adoption: 1991 | MWI-1991-L-50939

Governs investment in Malawi and creates a Malawi Investment Promotion Agency. Section 12 of the Schedule provides that the Government shall not interfere in the employer's choice of workforce and shall make Temporary Employment Permits available for key investment positions.

Malawi - General provisions - Law, Act

Law Revision Order 1987. Government Notice No. 150.

Adoption: 1987-12-14 | MWI-1987-L-6232

In two Schedules, sets forth pages to be removed from and added to the Laws of Malawi on a variety of subjects, including immigration, the Penal Code, disabled persons, industrial training and regulation of minimum wages and conditions of employment.

Malawi - General provisions - Law, Act

Companies Act (Cap. 40:03). -

Adoption: 1986-04-01 | MWI-1986-L-90374

An Act to amend and consolidate the law relating to companies, and to provide for matters connected therewith and incidental thereto.

Malawi - General provisions - Law, Act

Criminal Procedure and Evidence Code (Cap. 8:01). -

Adoption: 1968-02-01 | MWI-1968-L-90376

An Act to provide for the law relating to procedure and evidence in criminal proceedings and for incidental matters.

Malawi - General provisions - Law, Act

Land Act, 1965 (Cap. 57:01) [Consolidated version L.R.O. 1/1982]. -

Adoption: 1965-06-07 | MWI-1965-L-86508

The Act makes provision for various matters relating to customary land, private land and public land and powers of the Minister in respect of such land.
The Act consists of 44 sections divided into 8 Parts: Preliminary (I); general (II); Private Land (III); Private land (IV); Customary land (V); User of land (VI); Trespass or encroachment upon, or unlawful occupation of, land (VII); Miscellaneous (VIII).
A Corporation may hold land only with a license from the Minister (sect. 3). The Minister may dispose of public and customary land in accordance with section 5. Unlawful use of public land is declared to be an offence under section 10. Powers of the Minister in respect of private land are set out in sections 11 and following. Customary land is vested in the President and the Minister shall administer and control all customary land and mineral rights thereof. Customary land may be acquired for public purposes under section 27. Section 30 concerns the conversion of customary land in registered land.

Malawi - General provisions - Law, Act

Convicted Persons (Employment on Public Work) Act, 1954. -

Adoption: 1954-05-25 | MWI-1954-L-90375

1. Short title
2. Interpretation
3. Power of court to order persons to perform public work
4. Payment of fine either in full or in part
5. Duties of persons ordered to perform public work
6. Penalty for failure to comply with an order to perform public work
7. Revision and appeals
8. Rules
9. Saving

Malawi - General provisions - Law, Act

Penal Code (Chapter 7:01) [as amended to Act No. 8 of 1999].

Adoption: 1930-04-01 | MWI-1930-L-79926

PART I - GENERAL PROVISIONS
Chapter I - Preliminary
Chapter II - Interpretation
Chapter III - Territorial Application of this Code
Chapter IV - General Rules as to Criminal Responsibility
Chapter V - Parties to Offences
Chapter VI - Punishments

PART II - CRIMES
DIVISION I - Offences Against Public Order
Chapter VII - Treason and other Offences Against the Government's Authority
Chapter VIII - Offences Affecting Relations with Foreign States and External Tranquility
Chapter IX - Unlawful Assemblies, Riots and Other Offences Against Public Tranquility

DIVISION II - Offences against the Administration of Lawful Authority
Chapter X - Corruption and the Abuse of Office
Chapter XI - Offences Relating to the Administration of Justice
Chapter XII - Rescues, Escapes and Obstructing Officers of Court of Law
Chapter XIII - Miscellaneous Offences against Public Authority

DIVISION III - Offences Injurious to the Public in General
Chapter XIV - Offences relating to Religion
Chapter XV - Offences against Morality
Chapter XVI - Offences Relating to Marriage and Domestic Obligations
Chapter XVII - Nuisances and Offences against Health and Convenience
Chapter XVIII - Defamation

DIVISION IV - Offences against the Person
Chapter XIX - Murder and Manslaughter
Chapter XX - Duties relating to the Preservation of Life and Health
Chapter XXI - Offences Connected with Murder and Suicide
Chapter XXII - Offences Endangering Life or Health
Chapter XXIII - Criminal Recklessness and Negligence
Chapter XXIV - Assaults
Chapter XXV - Offences against Liberty

DIVISION V - Offences Relating to Property
Chapter XXVI - Theft
Chapter XXVII - Offences allied to Stealing
Chapter XXVIII - Robbery and Extortion
Chapter XXIX - Burglary, Housebreaking and Similar Offences
Chapter XXX - Miscellaneous Provisions
Chapter XXXI - False Pretences
Chapter XXXII - Receiving Property Stolen or Unlawfully Obtained and like Offences
Chapter XXXIII - Frauds by Trustees and Persons in a Position of Trust, and False Accounting

DIVISION VI - Malicious Injuries to Property
Chapter XXXIV - Offences Causing Injury to Property

DIVISION VII - Forgery, coining and counterfeiting
Chapter XXXV - Definitions
Chapter XXXVI - Punishments for Forgery
Chapter XXXVII - Offences relating to Coin and to Bank and Currency Notes
Chapter XXXVIII - Counterfeit Stamps
Chapter XXXIX - Trade Marks
Chapter XL - Personation
Chapter XLI - Secret Commissions and Corrupt Practices

DIVISION VIII - Attempts ad Conspiracies to commit Crimes, and Accessories after the fact
Chapter XLII - Attempts
Chapter XLIII - Conspiracies
Chapter XLIV - Accessories after the Fact

Malawi - General provisions - Law, Act

Birth and Deaths Registration Act (Cap. 24:01). -

Adoption: 1904-07-01 | MWI-1904-L-94722

An Act to provide for the notification and registration of births and deaths.