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  1. Malawi - - Law, Act

    Access to Information Act, 2016 (No. 1 of 2016). - Legislation on-line

    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

  2. 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.

  3. Malawi - - Law, Act

    Disability Act, 2012 (No. 8 of 2012). - Legislation on-line

    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.

  4. Malawi - - Regulation, Decree, Ordinance

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

    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

  5. Malawi - - Law, Act

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

    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.

  6. Malawi - - Law, Act

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

    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

  7. Malawi - - Law, Act

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

    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)

  8. Malawi - - Law, Act

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

    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".

  9. Malawi - - Law, Act

    Microfinance Act, 2010 (No. 21 of 2010). - Legislation on-line

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

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

  10. Malawi - - Law, Act

    Insurance Act, 2010 (No. 9 of 2010). - Legislation on-line

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

    Regulates the insurance broker and agents sector.

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

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

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

  12. Malawi - - Law, Act

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

    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.

  13. Malawi - - Regulation, Decree, Ordinance

    Courts (Mandatory Mediation) Rules, 2004. - Rules

    Adoption: 2004 | MWI-2004-R-72201

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

  14. Malawi - - Law, Act

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

    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).

  15. Malawi - - Law, Act

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

    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.

  16. Malawi - - Law, Act

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

    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.

  17. 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

  18. 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.

  19. 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.

  20. Malawi - - Law, Act

    Cooperative Societies Act (No. 36 of 1998). - Legislation on-line

    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).

  21. Malawi - - Law, Act

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

    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.

  22. Malawi - - Law, Act

    Forestry Act (No. 4 of 1997). - Act on-line

    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.

  23. 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.

  24. Malawi - - Law, Act

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

    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.

  25. 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.

  26. 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.

  27. 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.

  28. Malawi - - Law, Act

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

    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.

  29. 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.

  30. Malawi - - Law, Act

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

  31. 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.

  32. 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.

  33. 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.

  34. 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.

  35. 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.

  36. 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.

  37. 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.

  38. 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.

  39. Malawi - - Regulation, Decree, Ordinance

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

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

  40. 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.

  41. Malawi - - Law, Act

    Public Service Act, 1994 (No. 19 of 1994)

    Adoption: 1994-05-16 | MWI-1994-L-40068

    Makes provisions for the administration of the public service.

  42. Malawi - - Constitution

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

    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.

  43. Malawi - - Law, Act

    Young Pioneers (Repeal) Act, 1994 (No. 12 of 1994)

    Adoption: 1994-05-02 | MWI-1994-L-40064

    Repeals the Young Pioneers Act, but provides that Young Pioneers shall continue to be employees in the public service, and may be seconded, transferred, posted, promoted or otherwise assigned to any other eligible post in the public service, other than the armed forces or the Malawi Police Force.

  44. Malawi - - 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.

  45. Malawi - - 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.

  46. Malawi - - Regulation, Decree, Ordinance

    Industrial Training (Levy) Order, 1994 (G.N. No. 26 of 1994)

    Adoption: 1994-03-22 | MWI-1994-R-37211

    Establishes rates of contribution to the Industrial Training Fund for specific employers on the basis of man-months worked by their skilled workmen. Made under the Industrial Training Act.

  47. Malawi - - Law, Act

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

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

  48. Malawi - - 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.

  49. Malawi - - 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.

  50. Malawi - - Regulation, Decree, Ordinance

    Wages (General) (Amendment) Order, 1993 (G.N. No. 86 of 1993)

    Adoption: 1993-09-21 | MWI-1993-R-35966

    Provides for the rates of minimum daily wage to be paid to an adult employee (inclusive of the value of proper and sufficient food or a cooked midday meal). Made under the Minimum Wages and Conditions of Employment Act.

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