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Malawi > General provisions

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Country: Malawi - Subject: General provisions

  1. Malawi - General provisions - 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 - General provisions - 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.

  3. Malawi - General provisions - 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.

  4. Malawi - General provisions - 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.

  5. Malawi - General provisions - 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.

  6. Malawi - General provisions - 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.

  7. Malawi - General provisions - 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.

  8. 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.

  9. 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.

  10. Malawi - General provisions - 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.

  11. 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.

  12. Malawi - General provisions - 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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

  19. 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.

  20. Malawi - General provisions - 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.

  21. 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.

  22. 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.

  23. Malawi - General provisions - Law, Act

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

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

  24. 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.

  25. 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.

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

    Political Parties (Registration and Regulation) (Forms) Regulations, 1993 (G.N. No. 75 of 1993)

    Adoption: 1993-07-12 | MWI-1993-R-34707

    Sets out the forms for applications for registration and for certificates of registration.

  27. Malawi - General provisions - Law, Act

    Political Parties (Registration and Regulation) Act, 1993 (No. 15 of 1993)

    Adoption: 1993-06-29 | MWI-1993-L-34689

    Provides for the registration and regulation of political parties in Malawi.

  28. 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.

  29. 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.

  30. 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

  31. 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.

  32. 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".

  33. 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.

  34. 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.

  35. 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.

  36. Malawi - General provisions - Law, Act

    Companies Act (Cap. 40:03). - Legislation on-line

    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.

  37. Malawi - General provisions - Law, Act

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

    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.

  38. Malawi - General provisions - Law, Act

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

    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.

  39. Malawi - General provisions - Law, Act

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

    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

  40. 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

  41. Malawi - General provisions - Law, Act

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

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

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


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