Competition and Fair Trading Act 2024

1
The Malawi Gazette Supplement, dated 31st May, 2024, containing

Acts,
(No. 3C)
MALAWI GOVERNMENT
(Published 31st May, 2024)
Act
No. 17 of 2024
I assent
Dr. Lazarus McCartHy CHAKWERA

PRESIDENT
19th May, 2024
ARRANGEMENT OF SECTIONS
SECTION
Short title
Amendment of s. 22 of No. 31 of 2018
a e
RSE
Amendment
SAT Sat
of s. 23 of the principal Act

Amendment of s. 29 of the principal Act
Insertion of new s. 29A into the principal Act
Amendment of s. 30 of the principal Act
An Act to amend the Legal Education and Legal
Practitioners Act
ENACTED by the Parliament of Malawi as follows
1. This Act may be cited as the Legal Educa
tion and Legal Short title
Practitioners (Amendment) Act, 2024.
2. The Legal Education and Legal Practitioners Act (herei
nafter Amendment
referred to as the “principal Act”) is amended, in
section 22 (5), by of s. 22 of
deleting the words “Chief Justice” and substi No. 31 of
tuting therefor the
word “Registrar”. 2018
3. <oction 23 of the principal Act is amended

Amendment
(a) in subsection (1), by deleting paragraph (b) and of s. 23 of the
substituting principal Act
therefor a new paragraph (5) as follows—
*)
“(5) subject to subsection (3), holds a foreign

law qualification as defined in subsection (4);
or”;
No. 17
2 Legal Education and Legal Practitioners (Amendment)
(b) by renumbering subsections (2), (3). (4), (5), (6) and (7) as
subsections (3), (4), (5), (6), (7) and (8), respectively;
(c) by inserting a new subsection (2) as follows—
“(2) A person who—
(a) holds a degree in law awarded by an institution
accredited to offer legal education in accordance with this
Act; and
(b) to qualify for award of the degree, passed courses
assessed by the Council as comparable in scope to those
offered by the Institute,
shall be exempt from the requirements to enrol with the
Institute and pass the Malawi Law Examinations.”;
(d) in subsection (5)(d), by deleting the words “(2)(b)(ii)”
and substituting therefor the words “(3)(5)(ii)”s and
(e) in subsection (7), by deleting the words “requirement
First Schedule under the section,” and substituting therefor
the words “requirements under subsection (1),”.
4. Section 29 of the principal Act is amended by deleting
Amendment
ofs.29 ofthe subsection (3).
principal Act
Insertion of 5. The principal Act is amended by inserting, immediately after

7 s 298 _ section 29, a new section 29A as follows—
In ec
principal Act
“Conditional = 29A.— (1) Where an application for admission to
admission to practise as a legal practitioner: is made under section 23,
:
the Chief Justice may admit such person to practise
practise : :
with conditions.
(2) A legal practitioner admitted to practise with
conditions, shall practise as an employee, under the
guidance, supervision and control of a—
(a) prescribed legal practitioner;
(b) firm of legal practitioners of which at least one
partner is a prescribed legal practitioner; or
(c) legal department of a Government ministry,
local authority or a body established under any
written law, headed by a prescribed legal practitioner.
(3) A prescribed legal practitioner shall not, at any
time, exercise guidance, supervision and control over
more than two legal practitioners whose admission is
conditional.
No. 17 Legal Education and Legal Practitioners (Amendment) 2
The Chief Justice may, on the recommendation of tl

Society, make rules prescribing the manner of the con
-guidance, supervision and control prescribed under subsection (2)
(5) A legal practitioner whose admission to practise is conditional
may, by motion supported by an affidavit, apply to the Chief Justice
for removal of the conditions attaching to the admission of the legal
practitioner, under subsection (1).
(6) The Chief Justice may, upon being satisfied that the applicant
has—
(a) since the date of the admission, been actively employed for
-a continuous period of not less than two years in compliance with
subsection (2); and
(6) complied with the rules prescribed under subsection (4),
order the removal of the conditions and thereupon the admission
shall cease to be conditional.
(7) For purposes of this section, “prescribed legal practitioner”
means a legal practitioner of at least five years standing at the bar.”.
6. Section 30 of the principal Act is amended by— Amendment
‘ : of s. 30 of the
(a) deleting subsection (3); principal Act
(5) renumbering subsections (4), (5), (6), (7), and (8) as
subsections (3), (4), (5), (6) and (7), respectively; and
(c) inserting in subsection (7), the words “(c),” immediately
after the words “(b),”.
Passed in Parliament this fifth day of April, two thousand and

twenty - four.
FIONA KALEMBA
Clerk of Parliament
NBS Bank PLC and National Bank of Malawi PLC (Lake Malawi
No. 18 Water Supply Project) Loan (Authorization) (Amendment) 1
Act
No. 18 of 2024
I assent
Dr. Lazarus McCartuy CHA} /ERA

PRI’ .DENT
19th May, 2024
SECTION
1. Short title
Amendment of long title to Act No. 20 of 2023
Amendment of s.1 of the principal Act
ee een

An Act to amend the NBS Bank Pic and National Bank of Malawi Ple (Lake
Malawi Water Supply Project) Loan (Authorization) Act, 2023.
ENACTED by the Parliament of Malawi as follows—
1. This Act may be cited as the NBS Bank Ple and National Short title
Bank of Malawi Ple (Lake Malawi Water Supply Project) Loan
(Authorization) (Amendment) Act, 2024.
2. The NBS Bank Pic and National Bank of Malawi Plc (Lake ee
Malawi Water Supply Project) Loan (Authorization) Act, 2023 7 on
(hereinafter referred to as the “principal Act”) is amended, in the of 2023
long title—
(a) by inserting, immediately after the words, “NBS Bank
Ple,”, the words “CDH Investment Bank Limited,”; and
\) by deleting the words, “one hundred and five billion
ay
Kwacha (MK105,000,000,000)” and substituting therefor, the

words “the equivalent of one hundred million United States
Dollars (USD 100 million)”.
NBS Bank PLC and National Bank of Malawi PLC (Lake Malawi
No. 18 Water Supply Project) Loan (Authorization) (Amendment) 2
Amendment 3. The principal Act is amended, in section 1, by inserting,
crncipslAce immediately after the words, “NBS Bank Ple,”, the words “CDH
Investment Bank Limited,”.
Amendment 4. The principal Act is amended, in section 2—
of s. 2 of the . :
principal Act (a) the marginal note, by deleting the words
“K105,000,000,000” and substituting therefor, the words “the
equivalent of USD 100 million”;
(5) subsection (1)—
(1) by inserting, immediately after the words, “NBS Bank
Plc,”, the words “CDH Investment Bank Limited,”; and
(ii) by deleting the words “one hundred and five billion
Kwacha (MK105,000,000,000)” and substituting therefor, the
words “the equivalent of one hundred million United States
Dollars (USD 100 million)”;
(c) subsection (2), by inserting, immediately after the words,
“NBS Bank Ple,”. the words “CDH Investment Bank Limited,”;
and
(d) subsection (3), by inserting, immediately after the words,
“NBS Bank Plc,”, the words “CDH Investment Bank Limited,”.
Amendment 5. The principal Act is amended, in section 4, by inserting,
ee immediately after the words, “NBS Bank Plc,”, the words “CDH
Investment Bank Limited,”.

twenty - four.
FIoNA KALEMBA
Clerk of Parliament
No. 19 Electricity (Amendment) 1
Act
No. 19 of 2024
I assent
Dr. LazARus McCartHy CHAKWERA

PRES JENT
19th Mar, 2024
SECTION
1. Short title
2. Amendment of s. 4 to Cap. 73:01
3. Amendment of s. 19 of the principal Act
6. Substitution of s. 45 of the principal Act
7. Repeal of s. 46 of the principal Act
An Act to amend the Electricity Act

1. This Act may be cited as the Electricity (Amendment) Act, Shor title
2024.
2. The Electricity Act (hereinafter referred to as the “principal Amendment
Act”) is amended, in section 4, by deleting subsection (4) and ae
substituting therefor, a new subsection as follows—
“(4) A licensee shall not hold more than five percent
shares in another company which holds a licence under
this Act, except where the licensee is a state-owned
enterprise.”.
3. Section 19 of the principal Act is amended by— Amendment
(a) deleting subsection (1): na ae
(d) deleting in subsection (2) the words “owned and”;
(c) renumbering subsections (2) and (3) as subsection (1)
and (2).
No. 19
Electricity (Amendment)
amended, by deleting the

4. Section 25 of the principal Act is
ituting therefor, the words
Amendment
of s. 25 of the words “transmission licensee” and subst
“system and market operator”.
principal Act
ded, by deleting the

5, Section 26 of the principal Act is amen and
Amendment
licensee”, wherever they appear,
of s. 26 of the words “transmission
and market operator”.
substituting therefor, the words “system
principal Act
amended, by deleting
6. Section 45 of the principal Act is
Substitution
section 45 as follows—
of s. 45 of the section 45 and substituting therefor, a new
principal Act any manner an
“Offences 45,—(1) A person who carries on in
ravention of
activity for the supply of electricity in cont of the
or decision
this Act, or fails to carry out any order
r this Act or
Authority or a licensee made or given unde Act,
the provisions of this
otherwise contravenes
ction, liable to a
commits an offence and is, upon convi ty
for twen
fine of K100,000,000 and to imprisonment
years.
of a licensee to
(2) Without prejudice to the right y,
of electricit
recover for any illegal consumption
very, a person
including costs associated with such reco
who—
connects electricity to premises without
(a)
or
written authorization of the licensee;
y meter
(b) disturbs or tampers with any electricit
ratus,
or other measuring instrument or appa
iction, liable to
commits an offence and is, upon conv
a fine of K100,000,000 and to imprisonment for
twenty years.
ises for
(3) A person who denies access to prem
onne l of a licen see or the
inspections by authorized pers ,
upon conviction
Authority, commits an offence and is, for
to imprisonment
liable to a fine of K50,000,000 and
ten years.
(4) A person who—

t stolen
(a) is found in possession of equipmen
from a licensee; or
electricity
(b) damages, destroys or vandalizes any
installation equipment or apparatus,
on, liable
commits an offence and is, upon convicti
to imprisonment for thirty years
Electricity (Amendment) 3
No. 19
(5) Without prejudice to the right of a licensee to

recover for illegal consumption of electricity, including
costs associated with such recovery, a person, being an
employee or former employee of a licensee, who—
(a) connects or assists a person to connect,
electricity without authorization of the licensee; or
(b) disturbs or tampers or assists a person to
disturb or to tamper, with an electricity meter or any
other measuring instrument or apparatus,
commits an offence and is, upon conviction, ble to
a fine of K150,000,000 and to imprisonn nt for
twenty-five years.”.
Repeal of
7, Section 46 of the principal Act is repealed. s. 46 of the
principal Act
in Parliament this fifth day of April, two thousand and

Passed
twenty-four.
FIONA KALEMBA
Clerk of Parliament
No. 20 Competition and Fair Trading
Act
No. 20 of 2024
I assent
Dr. LAzARUS McCartuy CHA WERA

PR? 3IDENT
19th May, 2024
Part PRELIMINARY
1 Short title and commencement
2. Interpretation
3. Application
Part II—THE ComPeTITION AND FAIR TRADING COMMISSION

Establishment of the Commission
S
Functions of the Commission

NAM
Powers of the Commission

Membership of the Commission
Tenure of office and vacancies
om
Removal from office

10. Meetings of the Commission
11. Committees of the Commission
12. Invited persons
13. Allowances and expenses
14. Secretariat of the Commission
15. Chief Executive Officer of the Commission
16. Removal of the Chief Executive Officer
17. Other employees of the Commission
Part IIJ]—FINANCIAL PROVISIONS

18. Funds of the Commission
19, Levy
Competition and Fair Trading No. 20
SECTION
20. Accounts and audits
Part IV—GENERAL POWERS OF THE COMMISSION

Zl. Powers of investigation
22. Administrative orders
23. Interim measures
Part V—AnTI-ComPeETITIVE BUSINESS CONDUCT

24, Prohibition of anti-competitive practices
Zo. Defences observed for anti-competitive agreements
26. Prohibited activities
27. Prohibition of agreements between enterprises at the same
level of production and supply
28. Prohibition of abuse of dominance
29. Defences observed for abuse of dominance
30. Grant of authorizations
Si. Abuse of buyer power
32s Remedies and decision of the Commission for anti-
competitive conduct
33. Advisory opinion
34. Market studies and market inquiries
Part VI—REVIEW AND CONTROL OF MERGERS

35. Merger defined
36. Transactions subject to merger control
37, Mergers to require formal approval
38. Acquisition of control defined
>
2 . Acquisition of relevant assets defined
AQ, Threshold for proposed mergers
Al. Assessment criteria for mergers
42. Public interest assessment
43. Formal approval of a merger
44. Commission action in relation to reviewed mergers
45. Prior implementation of a merger
46, Failure to file for formal approval, or prior implementation, of
a merger
47, Proposals and measures for remedying a merger
48. Action in relation to abandoned mergers
49. Revocation of approval
50. Negative clearance
SECTION
Part VII—UnFaiR TRADING PRACTICES
$1. Unfair. trading
a2. Unfair consumer contracts
33. Procedures and remedies for unfair trading practices
Part VIII—Powers oF THE COURT

54. Civil remedies
55. Enforcement of orders of the Commission
2 56: Appeals :
ai. Third party liability
Part [X—SETTLEMENT OF INFRINGEMENTS

AND LENIENCY
PROGRAMMES
38. Settlement of an infringement
59. Leniency programme
Part X—Cross-BORDER COOPERATION

60. Form of cooperation with multilateral or regional competition
or consumer authorities
61. Enforceability of the decisions of the multilateral or regional
competition or consumer authority
. Cooperation with other States
63. Definitions
ParT XI—_MISCELLANEOUS
64. Annual reports :
65. Common seal
66. Disclosure of interests.
67. Oath of secrecy
68. Confidentiality
69. Protection of Commissioners and employees of the
Commission
. Offences and penalties
. Offences committed by bodies ese
. Limitation of time
Regulations, guidelines, notices and forms
. Guvernment to be bound
. Repeal and savings
. Transitional matters
An Act to encourage competition in the economy by prohibiting

anti-competitive trade practices; establish the Competition and
Fair Trading Commission; regulate and monitor monopolies
and concentrations of economic power; protect consumer
welfare; strengthen the efficiency of production and
distribution of goods, digital products and services; to secure
the best possible conditions for the freedom of trade; facilitate
the expansion of the base of entrepreneurship; and to provide
for matters incidental thereto or connected therewith.
Part [—PRELIMINARY
Short title and 1. This Act may be cited as the Competition and Fair Trading
commencement Act, 2024, and shall come into force on a date to be appointed by
the Minister, by notice published in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires—
“affiliated” means an association of any two enterprises where—
(a) one of the enterprises is a holding entity of the other
enterprise; or
(b) both enterprises are subsidiaries of the same holding
entity;
“agreement” includes any agreement, arrangement or
understanding, whether oral or in writing, or whether or not the
agreement is legally enforceable or is intended to be legally
enforceable;
“annual income” means the total amount in cash or otherwise,
including any capital gain, received by or accrued to, or in favour
of, a person or an enterprise in any year, from a source within
Malawi or deemed to be within Malawi;
“buyer power” means the influence exerted by an undertaking
or group of undertakings in the position of a purchaser of a
product or service to—
(a) obtain from a supplier more favourable terms; or
(5) impose a long-term opportunity cost including harm or
withheld benefit, which, if carried out, would be significantly
disproportionate to any resulting long term cost to the
undertaking or group of undertakings;
“Chairperson” means the Chairperson of the Commission
appointed pursuant to section 7(2);
“Chief Executive Officer” means the Chief Executive Officer

of the Commission appointed pursuant to section 15;
“Commission” means the Competition and Fair Trading
Commission established under section 4;
“Commissioner” means a member of the Commission
appointed under to section 7;
“Committee” means a Committee of the Commission
established under section 11;
“complaint” means any reporting of information concerning an
alleged prohibited, anti-competitive business practice, or unfair
trading practice to the Commission, in any manner or for’ ;
3
“concerted practice” means co-operative or coo. sinated

conduct between firms, achieved through direct or indirect
contact, that replaces their independent action, but which does not
amount to an agreement;
“confidential information” means—
(a) commercial, trade, business, or industry information—
(i) whose disclosure, the Commission considers, may
significantly harm the legitimate business interests of the
enterprise to which it relates; or
(ii) belonging to a firm, which is not generally available
to, or known by, other firms, and the Commission considers
such information to be of a particular economic value;
(5) information relating to the private affairs of an individual
whose disclosure, the Commission considers, may
significantly harm the individual’s interests; and
(c) information whose disclosure, the Commission
considers, is contrary to the public interest;
“consumer” includes a person who—
(a) purchases or offers to purchase goods, digital goods or
services supplied by an enterprise, in the course of business,
and includes an enterprise which either uses the product or
service supplied as an input to its own business or as a
wholesaler, a retailer or as a final user; and
(b) uses goods or a recipient or beneficiary of those
pa.*ticular services, irrespective of whether that user, recipient
or beneficiary was a party to a transaction concerning the
supply of those particular goods or services;
“Court” means the Commercial Division of the High Court

Cap. 3:02 established under section 6A (1) (b) of the Courts Act;
“digital product” means a computer programme, text, video,
image, sound recording, or any other product that is digitally
encoded, produced for commercial sale or distribution, and that
can be transmitted electronically, except for a digitized
representation of a financial instrument, including money;
“document” includes electronic records as defined under
Cap. 74:02 section 2 of the Electronic Transactions and Cyber security Act:
“enterprise” means a firm, partnership, joint venture,
corporation, company, association and other juridical persons,
irrespective of whether created or controlled by private persons or
by the state, which engage in economic activity, and includes
their branches, subsidiaries, affiliates or other entities, directly or
indirectly, controlled by them:
“goods” include all kinds of moveable and immovable
property, money, securities, choses in action and any reasonable
substitutes thereto, taking into account ordinary use,
functionality, commercial practice and geographical, technical
and temporal constraints;
“invited person” means a person invited to attend a meeting of
the Commission or a Committee pursuant to section 12;
“know-how” means information that is kept confidential in
order to preserve competitive gains and shall include unregistered
designs, business processes, trade and business secrets, and other
practical and non-patented information, identifiable business
processes, or other secret, significant, useful and practical
methods;
“market” refers to goods, digital products or services supplied
in, Malawi, and when used in relation to any goods, digital
products or services, includes a market for those goods, digital
products or services and other goods, digital products or services
that are substitutable for, or otherwise competitive with, the first-
mentioned goods, digital products or services;
“person” includes an individual, a company, a partnership, an
enterprise, an association and any group of persons acting in
concert, whether incorporated or not;
“Public Appointments Committee” means the Public
Appointments Committee of the National Assembly, established
under section 56 (7) of the Constitution;
“Secretariat” means the Secretariat of the Commission

established under section 14:
“services” includes a service of any description, whether
industrial, trade, professional, or otherwise;
“small and medium enterprises” means an enterprise including
its affiliates that is independently owned and operated, not
dominant in the field of operation in which it is bidding on
Government contracts and qualified as such under the criteria and
size standards in the relevant instruments of the Ministry
responsible for industry and trade;
“trading practice” means any practice related to the car ying on
of any trade and includes anything done or proposed tu be done
by any person, which affects or is likely to affect the method of
trading of any trade or class of traders or the production, supply
or price in the course of trade of any goods whether real or
personal, digital products or of any service; and
“turnover” means the amounts accrued from the sale of goods,
digital products or services.
3.—(1) Subject to subsection (3), this Act shall apply to all Application
economic activities within, or having an effect on, Malawi.
(2) Subject to the Constitution, in all matters concerning anti-
competitive business conduct and review and control of mergers,
where there is any conflict or inconsistency, the provisions of this
Act or the decisions of the Commission made pursuant to this Act
shall prevail.
(3) Nothing in this Act shall apply to—
(a) activities of employees for their own reasonable protection
as employees;
(b) arrangements for collective bargaining on behalf of
employers and employees for the purpose of fixing terms and
conditions of employment under the Labour Relations Act; Cap. 54:01
(c) activities of trade unions and other associations directed at

advancing the terms and conditions of employment of their
members under the Labour Relations Act; Cap. 54:01
(d) elements of any agreement which relate exclusively to the

us., licence or assignment of rights under, or existing by virtue
of, any copyright, patent or trademark;
(e) any act done to give effect to a provision

of an agreement
referred to in paragraph (d);
(/) activities expressly approved or required under
a treaty or
agreement to which Malawi is a party; or
(g) activities of professional associations which relate
exclusively to the development and enforcemen
t of professional
standards of competence reasonably necessary
for the protection
of the public.
Part II—THe Competition AND FAIR TRADING COMMISSI

ON
Establishment 4.—(1) There is hereby established a-body
of the to-be known as the
Competition and Fair Trading Commission.
Commission
(2) The Commission shall be
(a) a body corporate with perpetual succession
; and
(2) capable of doing or performing all other thing
s or acts as
body corporates do, for the proper administration
of this Act.
Functions 5.—(1) The Commission shall regulate,
of the monitor, control and
prevent acts or behaviour which are likely
Commission to substantially affect
competition and fair trading in Malawi.
(2) Without derogation from the generality
of subsection (1), the
Commission shall__
(a) keep under review commercial activities
in, or into, Malawi
with a view to ascertaining practices which
may substantially
affect the welfare and economic interests
of consumers in a
market in Malawi;
(4) conduct such inquiries and market surve
illances as it may
consider necessary or desirable, in conne
ction with any matter
falling within the provisions of this Act;
(c) advise the Minister on such matters relat
ing to the operation
of this Act as it thinks fit or as may be requested
by the Minister:
(d) take such action as it considers necessary
with respect to
any abuse of a dominant position by any enterprise
that has an
effect on consumers in a market in Malawi:
(e) eliminate—
(i) anti-competitive agreement that has an effect on
consumers in a market in Malawi; and
(ii) unfair trading practices in Malawi;
(f) review and control mergers having
an effect in, or into,
Malawi:
No. 20 Competition and Fair Trading 9
(g) undertake advocacy, research and market studies to

advance'the goal of this Act;
(h) co-operate with and assist any association or body of
persons in developing and promoting the observance of standards
for the purpose of ensuring compliance with the provisions of this
Act; and
(i) carry out such other functions as are required to give effect
to this Act or any other written law.
6. The Commission may—= Powers of the
: oe Commission
(a) order, on its own initiative or at the request of any nerson,
such investigations in relation to the conduct of busines: as will
enable it to determine whether any enterprise is eng’ zing in
business practices in contravention of this Act and impose such
sanctions, as may be necessary;
(5) issue determinations on any conduct prohibited under this
Act and make orders provided for in this Act; and
(c) carry out such other powers as are required to give effect to
this Act.
7.—(1) The Commission shall consist of— Membership
; a
(a) the following Commissioners to be
; f th
appointed by the Eariiisins
Minister—
(i) two persons representing business interests, one of whom
shall be a member of the Malawi Confederation of Chambers
of Commerce and Industry;
(ii) two persons representing consumer interests;
(iii) one legal practitioner, with at least ten years of
commercial law work experience and possesses a valid
practising licence in accordance with the Legal Education and No. 31 of
Legal Practitioners Act; 2018
(iv) one economist, with at least ten years of work
experience, who is a member of an association of economists
in Malawi; and
(v) one chartered accountant, registered under the Public
Accountants and Auditors Act; and Cap. 51:06
(b) the following ex-officio Commissioners—
(i) the Secretary to the Treasury or his or her representative:
(ii) the Secretary responsible for trade or his or her
designated representative;
(iii) the Solicitor General or his or her designated
representative; and
10 Competition and Fair Trading No. 20
(iv) the Director General of the Malawi Bureau of Standards

or his or her designated representative.
(2) The Minister shall appoint the Chairperson of the
Commission from among the Commissioners appointed under
subsection (1)(a).
(3) A person shall not be qualified for appointment as a
Commissioner under subsection (1)(a), if that person—
(a) does not possesses a minimum education qualification of a
bachelor’s degree obtained from an institution recognized or
Cap. 30:12 accredited under the National Council for Higher Education Act;
(b) does not have at least five years’ post qualification work
experience;
(c) holds a political office;
(d) is an undischarged bankrupt; or
(e) would, for any other reason, be disqualified by law from
serving as a trustee or director of a company.
(4) The Minister shall, in making appointments under subsection
(1)(a), (4), (c), (@) and (e)—
Cap. 25:06 (a) take into account the provisions of the Gender Equality Act;
and
(5) have regard to the need for continuity in the membership of
the Commission so that at least two Commissioners of the
immediate past Commission shall be retained.
(5) A Commissioner, other than an ex-officio Commissioner, shall
not, by reason only of the appointment as a Commissioner, be
deemed to be an employee in the public service.
(6) The Minister shall publish, in the Gazette, names of all the
Commissioners as first constituted and every subsequent change in
the membership.
(7) An appointment of a Commissioner pursuant to subsection
(1)(@) shali be subject to confirmation by the Public Appointments
Committee.
Tenure of 8.—(1) A Commissioner, other than an ex-officio Commissioner,
office and
vacancies
shail hold office for a period of three years and may be reappointed
for another three-year term.
(2) The office of a Commissioner shall become vacant—
(a) upon expiry of the member’s term of office;
(b) if he or she resigns by giving one month notice, in writing,
to the Minister:
No. 20 Competition and Fair Trading li
(c) upon his or her death;

(d) if he or she knowingly fails to declare a conflict of interest
relating to any matter under consideration by the Commission;
(e) if he or she is absent without valid excuse from three
consecutive meetings of the Commission of which he or she has
had notice:
(f) if he or she is adjudged to be bankrupt;
(g) if he or she participates, directly or indirectly, in an activity
which is in contravention of this Act;
(h) upon the Commissioner being convicted of an off-nce and
sentenced to a term of imprisonment;
(i) if he or she is removed from his or her office for nisconduct
that is inconsistent with the discharge of his or her duties as a
Commissioner:
(j) if he or she becomes, by reason of mental or physical
infirmity, whereupon a suitably qualified medical practitioner
certifies that the Commissioner is no longer, by reason of the
illness, capable of performing duties of the office of
Commissioner; or
(k) if any circumstances arise that, if he or she were not a
Commissioner, would cause that Commissioner to be disqualified
for appointment as a Commissioner.
(3) The Minister shall, within sixty days of the occurrence of the
vacancy in the membership of the Commission, appoint a new
Commissioner, in accordance with section 7.
(4) The period served by a person appointed under subsection (3)
shall not be regarded as a term for purposes of subsection (1).
(5) A person appointed to fill a vacancy under subsection (3) shall
serve the remainder of the term of office, but no person shall be
appointed to fill a vacancy of the remainder of a term of office
where the remainder of the term is less than six months.
(6) Subject to section 10(5), a vacancy in the office of
Commissioner shall not affect a decision, the performance of
functions or the exercise of powers of the Commission under this
Act or any other written law.
9 The Minister may, subject to approval of the Public Removal from
office
Appointment Committee, remove from office, a Commissioner
other than an ex-officio Commissioner, on any of the following
grounds—
(a) misconduct that brings the Commission into disrepute;
(b) incompetence in the execution of the functions of the office

of Commissioner;
(c) failure to declare a conflict of interest relating to any matter
under consideration by the Commission;
(d) disclosure or publication to any other person or entity,
other
than in the course of duty, of any confidential information
of the
Commission obtained in the course of duty or otherwise:
or
(e) being compromised to the extent that his ability to
exercise
the duties of the office of Commissioner impart
ially and
effectively is seriously in question.
Meetings of 10.—(1) The Commission shall meet to conduct its busine
the ss at
least once every three months, at such places
Commission and times as the
Chairperson may, in consultation with the Chief Execut
ive Officer,
determine.
(2) An extraordinary meeting of the Commission
(a) may be convened by the Chairperson at any time;
and
(b) shall be convened by the Chairperson within seven
days of
receipt by him of a request, in writing, signed by not less than
two
Commissioners, specifying the purpose for which the meetin
g is
to be convened.
(3) The Chairperson shall convene meetings of the Commi
ssion
by giving the other Commissioners at least seven
days written
notice, unless the Chairperson notifies the members,
in writing, that
the urgency of the matter to be discussed requires a
shorter period
of notice.
(4) The Chairperson shall preside over meetin
gs of the
Commission and in the absence of the Chairp
erson, the
Commissioners present and forming a quorum shall
elect one of
their number to preside over the meeting.
(5) The quorum for any meeting of the Commission
shall be two-
thirds of all Commissioners.
(6) At any meeting of the Commission, a decision on
any matter
shall be that of the majority of the members present and
voting at
that meeting and in the event of an equality
of votes, the
Chairperson or the person presiding shall have a casting
vote in
addition to his or her deliberative vote.
(7) Subject to the other provisions of this Act, the
Commission
may regulate its own procedure.
11.—(1) The Commission may, for the purpose of performing its Committees
of the
functions under this Act, establish committees of the Commission,
Commission
and delegate to any such committees any of its functions as it
considers necessary.
(2) Notwithstanding subsection (1), the Commission shall
establish a Technical Committee which shall hear applications for,
and make recommendations to the Commission on, mergers and
acquisitions, cases of anti-competitive conduct and unfair trade
practices and any other function as the Commission deems fit.
(3) The chairperson of every Committee shall be a Commissioner
appointed pursuant to section 7 (1)(@).
(4) The Chairperson shall not be a member of a Comm’ cee.
(5) Subject to the general or special directions of the Commission
and to the provisions of this Act, every Committee shall have power
to determine its own procedure.
12. The Commission or its Committee may, at its discretion, Invited
invite any person with specific knowledge, information or expertise persons
to attend any of its meetings and address it on a matter, but such

person shall not be eligible to vote at the meeting on any decision of
the Commission or the Committee, as the case may be.
13.—(1) The Commissioners, members of Committees or an Allowances

invited person shall be paid such allowances as the Minister shall and expenses
determine, on recommendation of the Government department
responsible for human resource development and management.
(2) The Commission may reimburse any reasonable expenses
incurred by a Commissioner, a member of a Committee or an
invited person, as the case may be.
14,_(1) The Secretariat of the Commission, which shall consist Secretariat
of the Chief Executive Officer and other employees of the of the
Commission
Commission appointed in accordance with this Act.
(2) The Secretariat shall, on behalf of the Commission, be
responsible for enforcing competition and consumer protection law
and policy, through conducting investigations, market studies,
market inquiries, enforcement of the Commission’s decisions, and
carry out such other functions as are required to give effect to this
Act.
(3, The Chief Executive Officer or such other officer of the
Commission as the Chief Executive Officer may designate, shall
attend meetings of the Commission and of any Committee and may
address such meetings, but shall not vote on any matter.
Chief Executive 15.—(1) The Commission shall appoint, on such terms and
Officer
of the
Commission
Conditions as it may determine, a Chief Executive Officer of the
'
Commission who shall perform such duties as the Commission
tf
shall
assign to his or her office and ensure the effective administration
and implementation of this Act.
(2) Without derogation from the generality of the responsibilities
and duties of the Chief Executive Officer conferred under
subsection (1), the Chief Executive Officer shall be responsible for
the day-to-day administration of the Commission.
(3) The Chief Executive Officer shall be appointed through a
competitive process and on such terms and conditions as the
Commission shal! determine.
(4) A person shall not be appointed as Chief Executive Officer,
unless the person—
(a) possesses a minimum qualification of a master’s degree in
a relevant field from a reputable education institution accredited
or recognized under the National Council for Higher Education
Cap. 30:12 Act;
(b) has proven and demonstrable expertise in competition and
fair trading matters, consumer protection matters, economics,
law, finance, commerce, administration or any field relevant to
the functions and responsibilities of the Commission;
(c) has at least ten years’ experience in executive management;
and
(d) does not hold a political office,
Removal of 16.—(1) The Commission may terminate the appointment of a
aaa Chief Executive Officer on any of the following grounds—
Office: (a) incompetence in the execution of the functions of the
office;
(5) incapacity to perform the functions of the office:
(c) being convicted of an offence and sentenced to a term of
imprisonment;
(d) being declared or adjudged bankrupt by a competent court
of law;
(e) failure to declare a conflict of interest relating to any matter
under consideration by the Commission;
(f) disclosure or publication to any other person or entity, other
than in the course of duty, of any confidential information of the
Commission obtained in the course of duty or otherwise; or
(g) being found guilty of misconduct punishable by dismissal

under the employment contract.
(2) The Commission shall not terminate the appointment of an
Chief Executive Officer, unless he or she is given an opportunity to
be heard.
17._(1) The Commission may appoint, on such terms and Other
employees of
conditions as it may determine, such other employees of the the
Commission, subordinate to the Chief Executive Officer, as it Commission
considers necessary for the performance of its functions and to
assist the Chief Executive Officer in discharging his or her duties
and responsibilities.
(2) The Commission may, by directions in writing, de! ate to the
Chief Executive Officer, the power to appoint, discipline or dismiss
other employees of the Commission, in specified junior ranks and
the Chief Executive Officer shall report to the Commission, at its
next meeting, every appointment, discipline or dismissal made
pursuant to this subsection.
(3) The other employees of the Commission referred to in
subsection (1) shall be appointed on such terms and conditions as
the Commission shall determine, after consulting with the
Government Department responsible for human resource
management and development.
(4) The provisions of section 16 shall apply, with the necessary
modifications, to dismissal of other employees of the Commission
employed pursuant to this section.
Part [I[—FINANCIAL PROVISIONS
18.—(1) The funds of the Commission shall consist of— Funds of the
Commission
(a) such sums as may be appropriated by Parliament for the
purposes of this Act;
(b) such sums of monies as may accrue to or be received by the
Commission by way of fees, subsidies, contributions,
subscriptions, charges, penalties, levies, rents, interest or
royalties from the Government or any person;
(c) monies paid to the Commission by way of grants or
donations;
(d) monies made available to, or borrowed by, the
Commission, for the purpose of the Commission; or
(e) any other monies which may in any manner become
payable to, or vested in, the Commission in respect of any matter
incidental to its functions.
(2) All fees and monetary penalties paid to the Commission,

shall
be utilized solely for the purposes of this Act, in accordance with
the
written directions of the Commission and for no other purpose
.
(3) The Commission shall, at all times, comply with
the
Cap. 37:01 provisions of the Public Audit Act, the Public Finance Management
No. 4 of 2022
Cap. 37:03
Act and the Public Procurement and Disposal of Public Assets Act.
Levy 19. The Minister, acting on the recommendation of the

Commission, and in consultation with the Minister respon
sible for
finance, may by order published in the Gazette, impose
a levy on
such commercial matters as he or she may determine and
such levy
shall be appropriated for the general operations of the
Commission.
Accounts and 20.—(1) The Commission shall cause to be kept proper account
audits s
and other records relating thereto in respect of its funds and
shall in
every respect comply with the provisions of the Public
Finance
No. 4 of 2022 Management Act.
(2) The accounts and records of the Commission shall
be audited
at the end of each financial year, by the Auditor General,
or by
independent professional auditors appointed by the Commi
ssion
after consulting the Auditor General, and the expenses of the
audit
shall be paid out of the funds of the Commission.
(3) The financial year of the Commission shall be a period
of
twelve months in line with the Government financial
year.
Part IV——GENERAL PowERS OF THE COMMISSION

Powers of 21._(1) For the purposes of carrying out its investigative
investigation
functions under this Act, the Commission may—
(a) summon and examine witnesses:
(5) apply to a competent court of law for a search warrant
;
(c) call for, and examine, any documents;
(d) enter, search, and carry out inspection of premise
s,
including goods, digital products and services on the premise
s;
(e) administer oaths;
(f) require that any document submitted to the Commission
be
verified by a sworn statement;
(g) adjourn any investigation, from time to time;
(h) require the furnishing of such returns or information as it
may require from such persons as it may specify by notice;
(i) determine and order the remedies and penalties
applicable
to any conduct regulated under this Act; and
(7) register any order it may have made, with the Court.
(2) In exercising its powers under this Part, the Commission
may—
(a) hear orally any person who, in its opinion, will be affected
by an investigation under this Act and shall so hear the person if
the person has made a written request for a hearing, showing that
he or she is an interested party, likely to be affected by the result
of the investigation or that there are particular reasons why he or
she should be heard orally; and
(b) require a person engaged in business or a trade or such
other person as the Commission considers appropriate, to state
such facts concerning goods and digital products manv ictured,
produced or supplied by him or her as the Commission ay think
necessary, to determine whether the conduct of the business in
relation to the goods, digital products or services constitutes an
anti-competitive practice.
22.—(1) For the purposes of resolving a matter deemed to be an Administra-
infringement of this Act, the Commission may issue any of the tive orders
following administrative orders—
(a) declare certain business practices to be abuses of dominant
position;
(b) order enterprises to cease and desist from any form or
conduct that has, or is likely to have, as its object or effect the
lessening of competition;
(c) order the termination of an agreement;
(d) prohibit the making, or carrying out, of an agreement or the
putting into effect of any anti-competitive term or condition of an
agreement;
(e) prohibit and remedy unfair trading practices:
(f) order a product refund or exchange;
(g) impose a monetary penalty for anti-competitive conducts or
unfair trading practices;
(h) issue an order for the recall of a product established to be
defective;
(i) require a person found to be in infringement of this Act to
publish a notice of the infringing conduct in any media or form
designated by the Commission;
(» make applications to the Registrar of the Court, for the
purpose of enforcing an order it has made; and
(k) suspend or order the application of conditions to a merger

which is likely to substantially lessen competition on a market, in
Malawi.
(2) Pursuant to the powers conferred under subsection (1)(g), the
Commission may impose a monetary penalty, payable to the
Commission, of up to—
(a) ten per cent of gross annual turnover, in the case of an
enterprise; or
(b) five per cent of gross annual income, in the case of an
individual.
(3) In determining an administrative order under this section, the
Commission shall consider the following factors—
(a) the nature, duration, gravity and extent of the infringement:
(5) the damage suffered by a person, an industry or the
economy, as a result of the infringement;
(c) the degree to which the infringing party cooperated with the
Commission during the investigation;
(ad) whether the infringing party has engaged in the infringing
conduct complained of or any other infringement of the Act in the
past; and
(e) any other mitigating or aggravating factors.
(4) Where the Commission imposes an administrative order
under this section, it shall apply to the Court for registration of the
order.
(5) An administrative order issued by the Commission and
registered by the Court shall have the force and effect akin to an
order issued by the Court.
Interim 23.—(1) Where the Commission, before it reaches a final
ieaSUFES decision on a matter, believes, on reasonable grounds, that an
undertaking has engaged, is engaging, or is proposing to engage, in
conduct that constitutes or may constitute an infringement of this
Act and that it is necessary for the Commission to act as a matter of
urgency for the purpose of—
(a) preventing serious, irreparable damage to any person or
category of persons; or
(b) protecting the public interest,
the Commission may, by order in writing, direct an enterprise or
undertaking to stop and desist from engaging in such conduct
until the on-going investigation is concluded.
(2) A person or enterprise affected by an interim measure may

apply to the Court to set aside the decision of the Commission made
pursuant to subsection (1).
(3) Any person that fails to comply with an interim measure
imposed under subsection (1) commits an offence.
Part V—ANTI-CoMPETITIVE BUSINESS CONDUCT
24._(1) Any agreement, decision and concerted practice, Prohibition

whether by object or by effect, which is likely to result in the of anti-
competitive
prevention, restriction or distortion of competition to a substantial trade
extent in, or into, Malawi or in any substantial part ‘hereof is practices
declared an anti-competitive trade practice and is hereby rohibited.
(2) Subject to the provisions of subsection (1), a person shall
refrain from the following acts or behavior, if the acts or behaviors
limit access to markets or otherwise unduly restrain competition, or
have, or are likely to have, adverse effect on trade or the economy
in general—
(a) predatory behaviour towards competitors, including the use
of cost pricing to damage, hinder or eliminate competition;
(b) discriminatory pricing and discrimination, in terms and
conditions, in the supply or purchase of goods or services,
including by means of pricing policies in transactions between
affiliated enterprises which overcharge or undercharge for goods,
digital products or services purchased or supplied as compared
with prices for similar or comparable transactions outside the
affiliated enterprises;
(c) making the supply of goods, digital products or services
dependent upon the acceptance of restrictions on the distribution
or manufacture of competing or other goods, digital products or
the provision of competing or other services;
(d) making the supply-of particular goods, digital products or
services dependent upon the purchase of other goods, digital
products or services from the supplier to the consignee;
(e) imposing restrictions where or to whom or in what form or
quantities goods or digital products supplied or other goods may
be sold or exported; or
(f) minimum resale price maintenance.
(2) An enterprise which contravenes this section shall be liable to
an administrative order from the Commission.
B. No. 9
Defences for 25. Section 24 (1) shall not apply if it is shown that the
anti-competi-
tive agreement, decision or concerted practice contributes to improving
agreements the production or distribution of goods or digital products or to
promoting technical or economic progress, while allowing
consumers a fair share of the resulting benefit, and which does
not—
(a) impose on the enterprises concerned, restrictions which are
not indispensable to the attainment of these objectives; or
(5) afford such enterprises the possibility of eliminating
competition for a substantial market for the goods, digital
products or services in question.
Prohibited 26._(1) An enterprise shall not, on the market, engage in any of
activities
the following activities—
(a) price fixing;
(b) collusive tendering and bid-rigging:
(c) market or customer allocation agreements;
(d) collective action to enforce arrangements; or
(e) concerted refusals to supply goods, digital products or
services to potential purchasers.
(2) A vertical agreement between enterprises is hereby prohibited
per se, and shall be void, to the extent that the agreement involve
s
minimum re-sale price maintenance.
(3) This section shall apply to formal, informal, written and
unwritten agreements and arrangements.
(4) This section shall not apply where enterprises are dealing
with
each other in the context of a common entity, where they are under
common control or where they are otherwise not able to
act
independently of each other.
(5) An enterprise which contravenes this section shall be liable
to
(6) For the purposes of this section, “per se” in relation to
a
prohibited practice, means a practice which is prohibited in
all
circumstances so that it is not necessary for the Commission
to
demonstrate that it has anti-competitive effects.
Prohibition of 27.—(1) Without prejudice to section 26 (1), the following types
agreements of agreements between enterprises at the same level of product
between ion
enterprises and supply of any good or service, including agreements betwee
n
at the same members of a trade association, are declared to be anti-competitive
level of
production
trade practices and are prohibited and void
and supply
(a) unjustifiable exclusion from a trade association of any

person carrying on or intending to carry on in good faith the trade
in relation to which the association is formed; or
(6b) making of recommendations, directly or indirectly, by a
trade association, to its members or to any class of its members
which relate to the—
(i) prices charged or to be charged by such members or any
such class of members or to the margins included or to be
included in the prices or to the pricing formula used or to be
used in the calculation of those prices: or
(ii) terms of sale, including discount, credit, delivery, and
product and service guarantee terms, of such mem 2r or any
class of members and which directly affects pric . or profit
margins included in the pricing formula.
(2) Any enterprise, trade association, or member of a trade
association which contravenes the provisions of subsection (1) shall
be liable to an administrative penalty in the form of a monetary
penalty of up to ten per cent of its annual income and in the event
that the trade association has no income, the members of the trade
association shall be jointly and severally liable to a monetary
penalty of—
(a) up to ten per cent of annual turnover, in the case of an
enterprise; or
(b) up to five per cent of annual income, in the case of an
individual.
(3) For the sake of completeness and clarity, any agreements,
such as decisions of association of enterprises and concerted
practices between enterprises in a horizontal competing relationship
in a market, which is made in violation of this section, shall not be
subject to any of the defences as provided for under section 25.
28.—(1) An enterprise, whether on its own or in concert with Prohibition of
other enterprises, in a dominant position shall not abuse its abuse of
dominance
dominance.
(2) An enterprise shall be deemed to have abused its dominant
position contrary to this section if it impedes the maintenance or
development of effective competition, and in particular, if it engages
in conduct which includes—
(a) predatory behavior, including the use of cost pricing to
da.age, hinder or eliminate competition;
(b) excessive pricing;
(c) discriminatory pricing and discrimination in terms and

conditions, in the supply or purchase of goods or services,
including using pricing policies in transactions between affiliated
enterprises which overcharge or undercharge for goods. digital
products or services purchased or supplied as compared with
prices for similar or comparable transactions outside the affiliated
enterprises;
(d) making the supply of goods, digital products or services
dependent upon the acceptance of restrictions on the distribution
or manufacture of competing or other goods or the provision of
competing or other services;
(e) making the supply of goods, digital products or services
dependent upon the purchase of other goods, digital products or
services from the supplier to the consignee;
(/) imposing restrictions where, on whom, or in what form or
quantities, goods or digital products supplied or other goods or
digital products may be sold or exported;
(g) resale price maintenance;
(A) margin squeeze; or
(i) refusal to supply goods or services.
(3) An enterprise, either by itself or acting together with others, is
deemed to have a dominant position in a market, if it has
(a) the actual capacity to control prices or other commercial
conditions;
(5) the actual capacity to eliminate or restrain competition in
the market;
(c) the actual capacity to set barriers against entry of others into
the market;
(d) a position in the market which enables it to operate in the
market to a substantial extent independently of competitors,
suppliers, and buyers;
(e) at least forty per cent or more of the shares in the market;
or
(/) operated, or continues to operate, in a manner which

demonstrates a combination of any of the aforementioned factors.
(4) An enterprise which contravenes this section shall be liable
to
Defences 29.—(1) An enterprise shall not be treated as abusing a dominant
ea for position if it is shown that—
dominance
(a) its behaviour was exclusively directed at improving the

production or distribution of goods, digital products or to
promoting technical or economic progress and that the consumers
were allowed a fair share of the resulting benefit; or
(b) the effect or likely effect of its behaviour in the market is
the result of its superior competitive performance.
(2) Without prejudice to the generality of subsection (1), an
enterprise shall not be treated as abusing its dominant position
where it seeks to enforce any right existing by virtue of any
copyright, patent, registered design or trademark, other property
right, or know-how, provided that the exercise of those rights does
not—
(a) have the effect of unreasonably lessening con.petition in a
market; and
(b) impede the transfer and dissemination of technology.
30.—(1) Subject to subsection (2), any person who proposes to Grant of
authorizations
enter into, or carry out—
(a) an agreement;
(b) a class of agreements under section 24 (1); or
(c) an agreement which, in that person’s opinion, is an
agreement affected or prohibited by this Act,
may apply to the Commission for an authorization to do so in the
prescribed form and upon payment of the prescribed fee.
(2) A professional association whose rules contain a restriction
that has the effect of lessening competition in a market may apply
to the Commission for authorization under subsection (1).
(3) Upon receipt of an application under subsection (1), the
Commission shall—
(a) publish in a daily newspaper of general circulation in
Malawi, a notice of the application; and
(b) give interested parties, fourteen days from the date of that
notice, to make representations concerning the application.
(4) After considering an application and any representations
received in relation to the application, the Commission may—
(a) if it is satisfied that the agreement is—
(i) likely to promote the public benefit;
(ii) based on the exercise of an intellectual property right or
know-how;
(iii) an application for an exemption by a trade association

or professional association; or
(iv) likely indispensable to the yielding of the improvement
of production or distribution of goods, digital products or
services or the promotion of technical or economic progress,
while allowing consumers a fair share of the resulting benefit,
grant an authorization, subject to such terms and conditions as
it considers appropriate and for such time as it may specify; or
(b) refuse to grant an authorization and in that case, shall
inform the applicant, in writing, of the reasons for refusal.
(5) The Commission may, in relation to an authorization under
this section—
(a) revoke an authorization previously granted, where it
determines that the applicant misrepresented material facts, in
order to secure the grant of the authorization or did not comply
with the terms of the grant of the authorization;
(b) investigate the circumstances surrounding the grant of an
authorization, to determine whether there has been a non-
compliance with the terms of the grant of an authorization or
whether a revocation is warranted; or
(c) impose a monetary penalty of up to ten per cent of an
enterprise’s gross annual turnover, for the submission of any
misleading information to secure an authorization or for non-
compliance with the terms of the grant of an authorization.
(6) The Commission shall publish a notice of its decision under
subsection (4), in such manner and form as it considers appropriate.
(7) The Commission may authorize all, or part, of the rules of a
professional association from the provisions of subsection (2) if,
having regard to internationally applied norms, any restriction
contained in those rules that has the effect of preventing or
substantially lessening competition in a market is reasonably
required to maintain
(a) professional standards: or
() the ordinary function of the professional association.
(8) The Commission shall, where it refuses to grant authorization,
inform the applicant accordingly and give the reasons therefor.
(9) The Commission may, where it considers that any rules of a
professional association, either wholly or in part, should no longer
be authorized under this section, revoke the authorization in respect
of such rules or the relevant part of the rules, at any time after it has
given—
(a) the professional association notice of the proposed

revocation; and
(b) interested parties fourteen days, from the date of that
notice, to make representations concerning the revocation.
31.—(1) Any conduct that amounts to abuse of buyer power in a Abuse of

market in Malawi, or a substantial part of Malawi, is prohibited and buyer power
any agreement made in furtherance of such conduct shall be void.
(2) Where the Commission establishes that a sector or an
enterprise is experiencing, or is likely to experience, incidences of
abuse of buyer power, it may monitor the activities of t> sector or
enterprise and ensure compliance by imposing rej orting and
prudential requirements.
(3) The Commission may require industries and sectors, in which
instances of abuse of buyer power are likely to occur, to develop a
binding code of practice.
(4) In determining any complaint in relation to abuse of buyer
power, the Commission shall consider all relevant circumstances,
including the—
(a) nature and determination of contract terms between the
concerned enterprises;
(6) payment requested for access to any building or
infrastructure; and
(c) price paid to suppliers.
(5) Conduct amounting to abuse of buyer power includes—
(a) delays in payment of suppliers, without justifiable reason,
in breach of agreed terms of payment;
(b) unilateral termination or threats of termination of a
commercial relationship, without notice or on an unreasonably
short notice period, and without an objectively justifiable reason;
(c) refusal to receive or return any goods and digital products
or part thereof without justifiable reason in breach of the agreed
contractual terms;
(d) transfer of costs or risks to suppliers of goods, digital
products or services by imposing a requirement for the suppliers
to fund the cost of a promotion of the goods, digital products or
services;
(2) transfer of commercial risks meant to be borne by the buyer
to the suppliers;
(f) demands for preferential terms unfavourable to the

suppliers;
(g) demanding limitations on supplies to other buyers;
(h) reducing prices by a small, but significant, amount where
there is difficulty in substitutability of alternative buyers or
reducing prices below competitive levels; or
(i) bidding up prices of inputs by a buyer enterprise with the
aim of excluding competitors from the market.
(6) When investigating abuse of buyer power complaints, the
Commission shall be guided by any existing agreement between a
buyer enterprise and supplier enterprise.
(7) An agreement between a buyer enterprise and a supplier
enterprise shall include—
(a) the terms of payment;
(b) the payment date;
(c) the interest rate payable on late payment;
(d) the quantity of goods to be purchased;
(e) the conditions for termination and variation of the contract
with reasonable notice; and
(f) a mechanism for the resolution of disputes.
(8) A person or an enterprise which contravenes this section shall
be liable to an administrative order from the Commission.
Remedies 32,—_(1) Where the Commission is considering a complaint on
aoe anti-competitive business conduct, the Commission shall convene a
Commission Hearing for such purpose and determine the matter.
a. ec . .
for anti- : ; : ‘ e :
comnenave (2) After consideration of any investigation report, written
conduct representations and any oral submissions made during a hearing, the
Commission may issue any of the administrative orders provided
for under section 22.
Advisory 33.—(1) A person may apply to the Commission for a non-
opinion binding written opinion regarding the application of one or more
provisions of the Act.
(2)An application under subsection (1) shall be—
(a) made in a prescribed form; and
(b) accompanied by—
(i) a prescribed fee; and
(ii) prescribed supporting documentation.
34._(1) The Commission may, where it has reasonable Market

studies and
grounds to suspect that an unfair trading practice, or a prevention, market
restriction or distortion of competition is occurring— inquiries
(a) within a particular sector of the economy; or

(b) within a particular type of agreement occurring across
various sectors,
conduct a market study or a market inquiry.
(2) For the purposes of a market study or a market inquiry under
this Part, the Commission may invite interested parties to submit
information to it and may exercise, in relation to any enterprise that
it considers to be involved in the matters covered by ie study or
inquiry, its powers of investigation under this Act.
(3) The Commission shall, at the conclusion of a market study or
a market inquiry, publish its findings in a daily newspaper of general
circulation in Malawi.
ParT VI-—REVIEW AND CONTROL OF MERGERS
35.—(1) For the purposes of this Part, a merger occurs when one Merger
or more enterprises directly or indirectly acquire or establish direct

defined
or indirect control over the whole or part of the business of another

ey
enterprise.
(2) A merger contemplated in subsection (1) may be achieved in
any manner, including—
(a) the purchase or lease of shares, acquisition of interest, or
purchase of assets of the other enterprise in question;
(b) the acquisition of a controlling interest in a section of the
business of an enterprise capable of itself being operated
independently, whether or not the business in question is carried
on by an enterprise;
(c) the acquisition of an enterprise under receivership by
another enterprise either situated in or outside Malawi;
(d) acquiring, by whatever means, the controlling interest in a
foreign enterprise that has a controlling interest in a subsidiary in
Malawi;
(e) in the case of a conglomerate enterprise, acquiring the
controlling interest of another enterprise or a section of the
enterprise being acquired capable of being operated
independently;
(f) vertical integration:
(g) exchange of shares between or among enterprises which

result in substantial change in ownership structure through
whatever strategy or means adopted by the concerned enterprises;
or
(A) amalgamation, takeover or any other combination with the
other enterprise.
Transactions 36,—(1) A transaction that is likely to result in—
subject to
merger contro! (a) the acquisition of control:
(b) the acquisition of assets related to a relevant market or to
the business of the acquiring firm:
(c) the acquisition of at least forty per cent share of any market
or such other amount of the market as the Commission, may
prescribe;
(d) a lasting change to the structure of, or have a substantial
effect on commerce in, or a local nexus to the domestic market;
or
(e) a joint venture which results in an acquisition of control
over a party or results in a performance of activities on a lasting
basis by an autonomous enterprise,
shall be deemed to as a merger under this Act and shall be subject
to merger control proceedings as provided for under this Act.
(2) For the avoidance of doubt, this Act shall not apply to mergers
or transactions undertaken by affiliated enterprises, unless the
acquisition results in a transfer of joint control to sole control.
Mergers to 37. A transaction which falls within the meaning of section 35
require formal shall not be completed in Malawi, unless the Commission grants a
approval
formal approval to that effect as provided under section 43.
Acquisition of 38.—(1) A person shall be deemed to have acquired control of an

control defined
enterprise if that person—
(a) beneficially owns more than one-half of the issued share
capital or business or assets of the enterprise;
(d) is entitled to vote a majority of the votes that may be cast
at a general meeting of the enterprise, or has the ability to control
the voting of a majority of those votes, either directly or through
a controlled entity of that enterprise;
(c) is able to appoint, or to veto the appointment of, a majority
of the directors of the enterprise:
(d) is a holding company, and the enterprise is a subsidiary of
Cap. 46:03 that company as contemplated under the Companies Act;
(e) in the case of the enterprise being a trust, has the ability to
control the majority of the votes of the trustees or to appoint the
majority of the trustees or to appoint or change the majority of the
beneficiaries of the trust;
(f) in the case of the enterprise being a nominee enterprise,
owns the majority of the members’ interest or controls directly or
has the right to control the majority of members’ votes in the
nominee enterprise; or
(g) has the ability to materially influence the policy of the
enterprise in a manner comparable to a person who, in ordinary
commercial practice, can exercise an element of cont I referred
to in paragraphs (a) to (/).
(2) For the purposes of subsection (1)(a), the purchase or lease of
shares, acquisition of an interest, or purchase of assets of the other
enterprise in question shall not be deemed as acquisition of control
in the following circumstances—
(a) where the acquisition of shares or voting rights is by a
person acting as a securities underwriter or a registered
stockbroker of a stock exchange. on behalf of its clients, in the
ordinary course of its business and in the process of underwriting
or stock broking, as the case may be;
(5) where the acquisition is solely as an investment or in the
ordinary course of business in so far as the total shares or voting
rights held by the acquirer directly or indirectly, does not entitle
the acquirer to hold twenty-five per cent or more of the total
shares or voting rights of the company, of which shares or voting
rights are being acquired, directly or indirectly or in accordance
with the execution of any document including a share holders’
agreement-or articles of association, not leading to acquisition of
control of the enterprise whose shares or voting rights are being
acquired;
(c) where the acquirer, prior to acquisition, already controls
fifty per cent or more shares or voting rights in the enterprise
whose shares or voting rights are being acquired, except in the
cases where the transaction results in transfer from joint control
to sole control;
(d@) where the acquisition is not directly related to the business
activity of the party acquiring the asset or made solely as an
investment or in the ordinary course of business, not leading to
co..‘tol of the enterprise whose assets are being acquired, except
where the assets being acquired represent substantial business
operations in a particular location or for a particular product or
service of the enterprise, of which assets are being acquired,
irrespective of whether such assets are organised as a separate

legal entity or not:
(e) where the acquisition is made pursuant to a bonus issue or
stock splits or consolidation of face value of shares or buy back
of shares or subscription to rights issue of shares, not leading to
acquisition of control; or
(f) where the acquisition is of stock-in-trade, raw materials,
stores and spares in the ordinary course of business.
Acquisition 39. For the purposes of section 36(4), assets related to the
of relevant
assets defined
relevant market shall not include assets acquired solely as an
investment or in the ordinary course of business, not leading to
control of the target enterprise, except where the assets represent
substantial business operations in a particular location or for a
particular product or service of the enterprise being acquired,
irrespective of whether or not such assets are organized as a separate
legal entity.
Thresholds 40. Upon the recommendation of the Commission, the
for proposed
mergers
Minister, may, by notice published in the Gazette, prescribe the
threshold of combined annual turnover or assets in Malawi, either in
general, or in relation to specific industries, for the purpose of
determining whether a merger is a transaction subject to control
within the meaning of section 36.
Assessment 41._(1) For the purposes of this Act, a transaction that falls
criteria for
within the circumstances provided under section 36 and which is
mergers
subject to merger control proceedings, shall be subject to an
assessment of the likely effects of the merger on the market, by the
Commission and shall be subject to—
(a) a competitive effects test, to determine whether the merger
is likely to substantially prevent or lessen competition, by
assessing the strength of competition in the relevant market and
the probability that the enterprises in the market after the merger,
will behave competitively or co-operatively, considering any
factor that is relevant to competition in that market, including—
(i) the structure of the markets likely to be affected by the
proposed merger;
(ii) the degree of control exercised by the enterprises
concerned in the proposed merger in the market and
particularly the economic and financial power of the
enterprises;
(ili) the nature and extent of vertical integration in the
market;
(iv) the availability of alternatives to the goods, digital

products or services provided by the enterprises concerned in
the merger;
(v) the likely effect of the proposed merger on consumers
and the economy;
(vi) the actual and potential level of import competition in
the market;
(vii) the ease of entry into the market, including tariff and
regulatory barriers:
(viii) the level and trends of concentration, and history of
collusion, in the market;
(ix) the degree of countervailing power in the _arket;
(x) the dynamic characteristics of the mai «et, including
growth, innovation, and product differentiation;
(xi) whether the business or part of the business of a party to
the merger or proposed merger has failed or is likely to fail;
and
(xii) whether the merger will result in the removal of an
effective competitor; and
(b) a dominance test, to determine the extent to which the
proposed merger would be likely to result in any enterprise,
including an enterprise not involved as a party in the proposed
merger, acquiring a dominant position in a market or
strengthening a dominant position in a market.
(2) The Commission shall, where it appears that the merger is
likely to substantially prevent or lessen competition or create a
dominant position in a market or strengthen a dominant position in
a market, determine whether the merger is likely to result in any
technological efficiency or other pro-competitive gain which will be
greater than and offset the effects of any prevention or lessening of
competition that may result, or is likely to result, from the merger
and would not likely be obtained if the merger is prevented.
42. The Commission shall, in considering a proposed merger Public interest
under this Part, apply a public interest test in order to determine

assessment
whether the merger can or cannot be justified on substantial public

interest grounds, by assessing the following—
(a) the extent to which the proposed merger would likely affect
a particular industrial sector or region;
(b) the extent to which the proposed merger would likely affect
employment in a particular industry or sector;
(c) the extent to which the proposed merger is likely to affect

the ability of small businesses, or firms controlled or owned by
historically disadvantaged persons to become competitive;
(d) the extent to which the proposed merger would likely affect
the ability of small enterprises to gain access to or to be
competitive in any market;
(e) the extent to which the proposed merger would likely affect
the ability of national industries to compete in international
markets;
(f) the extent to which the proposed merger would likely result
in the increase of net exports;
(g) the extent to which the proposed merger would likely result
in an acceleration in the rate of economic development;
(/) the extent to which the proposed merger would likely result
in a more rapid rate of technological advancement by enterprises
in Malawi;
(i) the extent to which the proposed merger would likely result
in a substantially more efficient unit with lower production or
distribution costs;
(/) the extent to which the proposed merger would likely result
in lower prices to consumers;
(k) the extent to which the proposed merger would, or is likely
to, promote the transfer of skills, or otherwise improve the
production or distribution of goods, digital products or the
provision of services in Malawi; and
(2) the saving of a failing firm.
Formal 43._(1) Where an enterprise is desirous of effecting a merger
approval of a which gives rise to the result as set out under section 36, and the
merger
enterprise and all other parties to the merger have reached a good
faith intention to conclude an agreement, or in the case of a public
bid, where there has been an announcement of an intention to make
such a bid, the enterprise shall apply to the Commission for formal
approval to effect the merger, upon payment of the prescribed fee.
(2) An application made under this section shall be accompanied
by such information as may be prescribed.
(3) Within ninety days after the receipt of an application under
this section, the Commission shall determine whether to grant or
refuse the formal approval and notify the applicant of its decision,
in writing.
(4) Where the Commission is of the opinion that the period

referred to in subsection (3) should be extended due to the
complexity of the issues involved, it may, before the expiry of that
period, notify the merging parties, in writing, of the extension which
may not extend the relevant period for more than sixty days.
44,_(1) Upon the completion of its investigation of the merger, Commission
action in
the Commission shall take any of the following actions— relation to
(a) notify the parties to the merger, in writing with reasons reviewed
mergers
therefor, that the merger has been approved, with or without
conditions;
(b) notify the parties to the merger, in writing w‘th reasons
therefor, that the merger has not been approved;
(c) enforce its decision by registering the decision with the
Court;
(d) make an order directed against any enterprise to the
proposed merger or any other person not to proceed with the
merger or a part thereof;
(e) make an order directing the enterprises within an agreed
period to divest interests or part of their combined business or
operations if the Commission is satisfied that such divestment
would make the merger less likely to result in anti-competitive
effects or to affect substantially the interests of consumers or the
economy; or
(f) make an order directing any enterprise to the proposed
merger to dispose of assets or shares designated by the
Commission.
(2) Within fourteen days of the receipt of notification of the
Commission’s decision for the application of conditions, the
merging enterprises may seek to reach an agreement on a merger
agreement order with the Commission.
(3) Where the Commission and the merging parties agree to a
merger agreement order, a copy of the agreement setting out the
terms agreed between the Commission and the merging parties shall
be signed by the Commission and the merging parties and registered
with the Court.
(4)An enterprise that fails to comply with an order issued under
subsection (1) shall be liable to an administrative order from the
Commission.
45. The Commission shall consider a merger to have been Prior
implementa-
implemented without the formal approval required under section 43
tion of a
if— merger
(a) there has been an exchange of competitively sensitive

information for purposes other than valuation during due
diligence, or other than on a need-to-know basis;
(5) there has been an actual integration of any aspect of the
merging businesses, including, the integration of infrastructure,
information systems, personnel, corporate identity or marketing
efforts;
(c) there has been placement of personnel from one merging
party in new positions at the other merging party; or
(d) there has been any effort by the acquiring party to influence
or control any competitive aspect of the target’s business, such as
setting minimum prices, limiting discounts or restricting sales to
certain customers or of certain products.
Failure to file 46.—(1) Where the Commission is of the opinion that enterprises
for formal
have, without obtaining a formal approval from the Commission
approval, or
prior pursuant to section 43, structured themselves in such a way as to
implementa- constitute a merger within the meaning of section 35 or has
tion, of a
merger
implemented a merger within the meaning of section 45, the
Commission may impose an administrative order on the enterprises.
(2) In determining an order pursuant to subsection (1), the
Commission shall consider whether—
(a) the infringement lasted for a significant period;
(4) the infringement has resulted in anti-competitive effects on
any part or substantial part of Malawi;
(c) the enterprises were in significant financial distress at the
time of the implementation of the merger;
(d) the enterprises have brought the infringement to the
attention of the Commission in a timely manner; and
(e) any other mitigating or aggravating circumstances.
(3) Where the Commission has become aware that there is a
merger that is in the process of being implemented but has not
received a formal approval from the Commission pursuant to
section 43, the Commission may apply to the Court for a cease and
desist order or any other interim order prohibiting the enterprises to
the merger from implementing the merger prior to receiving
approval.
(4) The Commission shall require the enterprises to notify the
merger for purposes of curing the prior implementation of the
merger and remedying any competition or public interest concerns
that may have resulted from the merger.
47,(1) The Commission may— Proposals and

measures for
(a) engage in discussions with the enterprises that are parties to remedying a
the merger or with any other enterprises or individuals with a

merger
view to identifying measures which would ameliorate any effects

of the merger on the public interest or competition in Malawi or
any substantial part of Malawi;
(b) accept proposals from any enterprise involved in the
merger with regard to the manner in which the merger may be put
into effect: or
(c) unbundle or unscramble the merger.
(2) Pursuant to subsection (1)(b), the Commission ay take the
proposals into account and shall state in its approva! _rder that the
proposals form the basis of or part of its determination of the matter
and shall be binding on the Commission and the enterprises who are
party to the merger.
48. Where the enterprises that are parties to a merger have Action in
relation to
decided to abandon the merger, they shall notify the Commission of abandoned
their intent and the Commission shall— mergers
(a) satisfy itself that parties are in the same position as they
were prior to the notification of the merger;
(5) notify the parties that the Commission has ceased its
investigation; and
(c) notify the parties that the filing fee paid in respect of the
merger has been forfeited.
49.—(1) The Commission may, at any time, revoke a formal Revocation of
approval
approval of a merger issued under this Part, if a party to a merger—
(a) submitted materially incorrect or misleading information,
in support of the merger; or
(b) fails to comply with any condition of an approval of the
merger.
(2) The Commission shall, where it proposes to revoke an
approved merger under subsection (1), give notice, in writing, of the
proposed action to every party to the merger, and to any other
person who is likely to have an interest in the matter, and call upon
such party or person to submit to the Commission, within twenty
one calendar days of the receipt of the notice, any representations
which they may wish to make on the proposed revocation.
59.—(1) Any party to a merger transaction— Negative
clearance
(a) seeking clarification as to whether the proposed merger
requires the formal approval of the Commission; or
(5) whose proposed merger is subject to review by the

Commission,
may apply to the Commission for a negative clearance in the
manner as may be prescribed and upon payment of a prescribed
fee.
(2) A negative clearance, even if granted, shall not prohibit
the
Commission from revoking the clearance, if new information
becomes available showing that such clearance was wrongly
granted.
Part VII—Unrair TRADING PRACTICES

Unfair trading = 51. A person shall not, in relation to a consumer__
(a) withhold or destroy producer or consumer goods, or render
unserviceable or destroy the means of production and distrib
ution
of such goods, whether directly or indirectly, with the
aim of
bringing about a price increase;
(5) exclude liability for defective goods and services;
(c) in connection with the supply of goods, digital products or
services, make any warranty—
(i) limited to a particular geographic area or sales point;
(ii) falsely representing that products are of a particular
style, model or origin;
(ili) falsely representing that the goods or digital products
are new or of specified age; or
(iv) representing that products or services have any
sponsorship, approval, performance and quality characteristic
s,
components, materials, accessories, uses or benefits which
they do not have;
(d) engage in conduct that is likely to mislead the public
as to
the nature, price, availability, characteristics, suitability
for a
given purpose, quantity or quality of any products or service
;
(e) supply any product which is likely to cause injury to health
or physical harm to consumers, when properly used, or
which
does not comply with a consumer safety standard which has
been
prescribed under any written law;
(f) claim payment for unsolicited goods, digital produc
ts or
services;
(g) engage in unconscionable conduct in carrying out
trade in
goods, digital products or services;
(A) engage in pyramid selling of goods, digital products and

services;
(i) engage in bait selling;
(7) offer gifts or prizes with no intention of supplying them;
(k) put out an advertisement which is misleading or deceptive;
(1) fail to give warranty or guarantee on goods for long term
use;
(m) engage in improper or insufficient labelling of products:
(n) fail to display or indicate prices of goods, digital products
and services;
(0) fail to issue receipts or invoices on goods, d*_.tal products
and services supplied;
(p) fail to disclose material information about goods, digital
products or services; or
(q) engage in excessive or exploitative pricing.
52.—(1) In a contract between a person and a consumer, a term Unfair
of a contract shall be regarded as unfair if it causes a significant

consumer
contracts
imbalance in the rights and obligations of the parties, arising under
the contract, to the detriment of the consumer.
(2) An unfair contract or an unfair term of a contract between a
person and a consumer shall not be binding.
(3) Notwithstanding subsection (2), the contract shall bind the
parties if it is capable of being enforced without the unfair term.
53. The investigation procedures and remedies prescribed for Procedures
anti-competitive business conduct under this Act shall apply, with and remedies
for unfair
the necessary modifications, to unfair trading practices prohibited trading
under this Part. practices
Part VIJI—-PoweErs OF THE COURT
54. A person or enterprise that has suffered loss or damage, or Civil

is likely to suffer loss or damage, by reason of an infringement of remedies
the provisions under Part V, Part VI or Part VII may apply for an
appropriate order for compensation before a court of law.
55.—(1) The Commission or any person in whose favour, or for Enforcement
of orders of
whose benefit, an order has been made by the Commission, may the
Ic4ge a copy of the order, certified by the Commission or a person Commission
authorized by the Commission, with the Court and the Court shall
forthwith register the order as an order of the High Court.
(2) An order that has been recorded pursuant to subsec

tion (1)
shall, for the purposes of enforcement, have the
effect of a civil
Judgment of the High Court.
(3) Upon an application by the Commission, the Court may
grant
an order without notice or ex-parte, for the entry and search
of any
premises, for the purpose of inspecting and seizin
g any evidence
that shall be removed from custody of the defendant
and held in the
custody of the Commission.
(4) Upon an application by the Commission, the Court
may grant
an interim order for the purpose of maintaining the
status quo ante
of competition on a market in Malawi, pending the outcom
e of an
investigation by the Commission.
Appeals 56.—(1) A person or enterprise that is aggrie
ved by a
determination of the Commission may, within thirty
days from the
date on which the determination has been served on
the person or
enterprise, as the case may be, appeal to the Court.
(2) The Court may—
(a) review the law as applied to the facts as set out
by the
Commission in its investigative report, and the facts as
applied to
the law by the enterprise in their written respon
se to the
Commission’s determination;
(6) confirm, modify, or reverse the Commission’s findin
g or
any part thereof; or
(c) direct the Commission to reconsider, either genera
lly or in
respect of any specified matters, the whole or any specif
ied part
of the matter to which the appeal relates,
(3) In giving any direction under this section,
the Court shall
advise the Commission of its reasons for doing
so, and the
reconsideration of the whole or any part of the matter that
js referred
for reconsideration.
(4) Where an appeal is brought against any determ
ination of the
Commission, any such determination shall remain in force
pending
determination of the appeal, unless the Court otherwise
orders.
Third party 57.—(1) Except as otherwise provided in this Act,
an enterprise
Hiability which engages in conduct which constitutes__
(a) a contravention of any of the obligations
or prohibitions
imposed in Part V, Part VI or Part VI;
(d) aiding, abetting, counselling or procuring the
contravention
of any such provision;
(c) inducing by threats, promises or otherwise, the

contravention of any such provision;
(d) being knowingly participating in, or party to, any such
contravention; or
(e) conspiring with any other person to contravene any such
provision,
shall be liable to a monetary penalty, in damages for any loss
caused to a third party by such conduct.
(2) An action under subsection (1) may be commenced before the
courts, at any time, within three years from the time when the cause
of action arose.
Part [X—-SETTLEMENT OF INFRINGEMENTS AND’ UNIENCEY

PROGRAMMES
58.—(1) The Commission may, at any time, during or after an Settlement
ofan
investigation into an alleged infringement of the prohibitions infringement
contained in this Act, enter into a settlement agreement with the
enterprise or enterprises concerned.
(2) A settlement agreement referred to in subsection (1) may
include—
(a) an award of damages to the complainant; or
(b) any amount proposed to be imposed as a monetary penalty.
(3) The Commission shall prescribe details for settlement of an
infringement as provided under subsection (1).
59.—({1) The Commission may operate a leniency programme Leniency
where an enterprise that voluntarily discloses the existence of an programme
agreement that is prohibited under this Act, and co-operates with the
Commission in the investigation of the practice, may not be
subjected to all or part of an administrative order imposed under this
Act.
(2) The Commission shall prescribe details of the leniency
programme under subsection (1).
Part X—Cross-BORDER COOPERATION

60.—(1) Where the Commission seeks to determine whether Cooperation
conduct by an enterprise in Malawi or in another member state has, with
multilateral or
as its object, the prevention, restriction or distortion of competition regional
or has abused its dominant position in Malawi, or has an effect on authorities
cossumer welfare in Malawi or where a merger notified to the
Commission is likely to affect more than one member state, the
Commission shall—
(a) request the assistance of the multilateral competition or

consumer protection authority or the regional competition or
consumer protection authority, as the case may be, in
investigating the matter; or
(5) where applicable, shall refer the matter to the relevant
multilateral competition or consumer protection authority or the
regional competition or consumer protection authority, as the
case may be, to do an investigation.
(2) Where applicable, the Commission shall comply with the
procedures governing requests for information and searches and
seizure under the Act, when cooperating with the relevant
multilateral competition or consumer protection authority or the
regional competition or consumer protection authority.
(3) The Commission may request the multilateral competition or
consumer protection authority, to cause an investigation to be
carried out under this section, where it has reason to believe that an
anti-competitive agreement by an enterprise located in another
member state has, as its object or effect, the prevention, restriction
or distortion of competition or has abused its dominant position in
Malawi.
(4) A reference or request made under subsections (2) or (3) shall
be in writing and shall disclose such information as would enable
the multilateral competition or consumer protection authority or the
regional competition or consumer protection authority, to make
a
preliminary assessment whether it should proceed to cause the
investigation to be carried out.
(5) Where a multilateral competition or consumer protection
authority or the regional competition or consumer protection
authority, on its own initiative or at the request of the Commission
is investigating a matter in respect of any anti-competitive business
conduct by an enterprise in another member state, and given notice
of its determination to the Commission, the Commission shall__
(a) assist the multilateral competition or consumer protection
authority or the regional competition or consumer protection
authority, in its investigation; and
(5) record and register the determination with the Court.
(6) Where the Commission, on its own initiative or at the request
of a multilateral competition or consumer protection authority or
the
regional competition or consumer protection authority
has
investigated a matter in respect of any anti-competitive busines
s
conduct by an enterprise in Malawi, and given notice of
its
determination to the multilateral or regional competition or

consumer authority, the Commission shall—
(a) require the assistance of the multilateral competition or
consumer protection authority, as the case may be, in its
investigation; and
(b) record and register the determination with the Court.
(7) A determination referred to in subsections (5) (b) and (6) (5)
shall be binding on all parties to the matter and shall be enforced in
the same manner as an order of the Court.
(8) A party who is aggrieved by a determination of—
(a) the multilateral competition or consumer protection
authority; or
(b) the regional competition or consumer protection authority,
may apply to the relevant court that has jurisdiction to review the
determination or hear an appeal of such matters.
(9) The multilateral competition or consumer protection authority
or the regional competition or consumer protection authority, shall,
in relation to any matter referred to it or any request made to it under
subsections 5(a) or 5(b), as the case may be, have power to do any
act specified in Part IV and any regulations made hereunder.
(10) The provisions of the sections specified in subsection (9)
shall apply, with necessary modifications, in relation to any
investigation or inquiry being carried out by the multilateral
competition or consumer protection authority or the regional
competition or consumer protection authority, as the case may be,
under the relevant laws.
(11) For purposes of this section, “member state” means a state
that is party to a regional or multilateral treaty with protocols on
competition and consumer protection law enforcement to which
Malawi is a signatory.
61. A decision reached pursuant to an investigation conducted Enforceability
of the
in accordance with this Act, by a multilateral competition or
decisions of
consumer protection authority or the regional competition or the
consumer protection authority, shall be binding on all parties to multilateral or
regional
which it relates and shall be enforceable in the Court, to the same
competition
extent as a decision made by the Commission. or consumer
authority
Cooperation 62. The Commission may cooperate with other States on

with other
States
competition and consumer protection law and policy enforcement
by written agreement provided that the terms and expressions in the
agreement have the same meaning given to them in the laws of the
respective countries as in the provisions under this Act.
Definitions 63. For the purposes of this Part—
(a) “multilateral competition or consumer protection
authority” means a consumer protection authority established
pursuant to a multilateral integration treaty which Malawi has
ratified or domesticated into a national law; and
(5) “regional competition or consumer protection authority”
means any competition or consumer authority established
pursuant to a common market or regional integration treaty which
Malawi has ratified or domesticated into a national law.
Part XI—MIScELLANEOQUS
Annual 64.—The Commission shall, within three months after the end of
reports
each financial year, prepare and submit to the Minister a report of its
activities during the preceding year and the Minister shall lay the
report before the National Assembly at its next sitting.
Common seal 65.—(1) The common seal of the Commission shall be kept by
the Chief Executive Officer and shall not be used, except in the
manner authorized.
(2) All deeds, instruments, contracts and other documents shall be
considered to be duly executed by or on behalf of the
Commission—
(a) where they are required to be under seal, if sealed with the
common seal and authenticated by the Chairperson or any other
member nominated in that behalf by the Commission and the
Chief Executive Officer or any other officer authorized by the
Commission; or
(5) where they are not required to be under seal, if executed in
that behalf by a member authorized by the Commission for that
purpose.
(3) A deed, instrument, contract or any other document executed
in accordance with subsection (2) shall, in law, bind the
Commission, its assignees and its successors and may be varied or
discharged in the same manner that it was executed.
(4) All courts and other persons acting in a judicial capacity shall
take judicial notice of the common seal of the Commission affixed
to any document and shall presume, unless otherwise proven, that it

was duly affixed.
66.—(1) A Commissioner, member of a Committee, an invited Disclosure of
interests
person, an employee of the Commission or a consultant of the
Commission who, or whose immediate family member is directly or
indirectly interested in a private or professional or official capacity
in any matter being considered by the Commission, shall—
(a) disclose such interest at, or before, the meeting convened to
discuss that matter, the nature of his interest; and
(b) not take part in any deliberation or any decision-making
process in relation to that matter.
(2) A disclosure of interest made under this . sction shall be
recorded in the minutes of the meeting where that disclosure was
made,
(3) A disclosure of interest made under this section shall be
made—
(a) in the case of a member of the Commission, to the
Chairperson of the Commission; and
(6) in case of an employee of the Commission, to the Chief
Executive Officer who shall take such decision as considered
appropriate in each case and submit a report thereon to the
Commission.
Oath of
67. Every— secrecy
(a) Commissioner;
(b) member of a Committee;
(c) invited person;
(d) employee of the Commission; or
(e) consultant or any person in the service of the Commission,
shall, upon assumption of his or her office, take an oath of secrecy
in the form set out in the Schedule.
68.—(1) A person shall not, without the consent in writing given Confidentia-
by or on behalf of the Commission, publish or disclose to any lity
person, otherwise than in the course of his or her duties, contents of

any document, communication or information which relates to, and
which has come to his or her knowledge in the course of his or her
duties under this Act.
(2) The Commission may prohibit the publication or
couamunication of any information furnished or obtained,
documents produced, obtained or tendered, or given to the
Commission in connection with the Commission’s operations.
44 Competition and Fair Trading
No. 20
(3) A person who publishes or communicates

any infor mation,
documents or evidence, the publication of which is
prohibited under
subsection (1) and (2), commits an offence.
Protection of 69. No action, suit, or other proceedings
Commissio- shall be brought or
instituted personally against any Commissioner,
ners and member of a
employees Committee, employee of the Commission or consultant of the
Commission in respect of any act done in good faith
while carrying
out into effect the provisions of this Act.
Offences and 70.—(1) A person
penalties
(a) who without sufficient cause, omits or
refuses_—
(i) to furnish any information when requi
red by the
Commission to do so:
(ii) to produce any document when required
to do so by a
notice sent by the Commission;
(ili) to attend or give evidence before the
Commission in
obedience to a summons issued under this
Act; or
(iv) refuses to take an oath or make an affir
mation as a
witne ss or to answer any question put to him; or
(5) who knowingly furnishes any false informatio
n to the
Commission,
commits an offence.
(2) Any person who
(a) being a witness leaves a hearin g of the Commissi
on witho
ut
the Commission’s permission;
(5) insults any member or officer of the Comm
ission;
(c) obstructs or interrupts a hearing of the
Commission; or
(d) refuses to comply with a requirement
of the Commission
under this Act;
commits an offence.
(3) Any person who commits an offence under

this Act, for which
a penalty has not been specifically provi
ded for, shall, upon
conviction, be liable to—
(a) in the case of a natural person, a fine
of K5,000,000 and
imprisonment for two years: and
(5) in the case of a legal person, a fine
of K50,000,000.
(4) Where a person is convicted of an offen
ce under this Act and
the person has not taken any action to reme
dy the action constituting
the offence, the person shall be liable, for
each continuing day, to a
fine of_—
(a) in the case of a natural person, a fine of K100,000 and

imprisonment for two years; and
(b) in the case of a legal person, a fine of K1,000,000.
71. Where an offence under this Act is committed by a body Offences
corporate or unincorporated body, every director or manager of the committed by
bodies
body corporate or unincorporated body shall be liable, upon corporate
conviction as if the director or manager had personally committed
the offence, unless the director or manager proves to the satisfaction
of the court that the act constituting the offence was done without
the knowledge, consent or connivance of the director or manager or
that the director or manager took reasonable steps to »revent the
commission of the offence.
72.—(1) In setting time limits under this Act, the Commission Limitation of
shall have regard both to the time required for the preparation of the time
submission and to the urgency of the case.

(2) Where appropriate and upon reasoned request made before
the expiry of the original time-limit, the Commission may extend
the time-limits.
(3) An investigation into an alleged infringement of the
provisions of this Act shall be initiated within three years from the
date the infringement ceased.
73._(1) The Minister may, on recommendation from the Regulations,
Commission, make regulations for the better carrying into effect the guidelines,
notices and
provisions of this Act. forms
(2) Without prejudice to the generality of subsection (1), the

regulations may provide for—
(a) the forms, fees payable and the procedure for applications
to be made under this Act;
(b) the information and documents to be submitted in support
of applications to be made under this Act;
(c) the form of an exemption and the conditions therefor;
(d) the manner and form in which the Commission shall issue
an advisory opinion;
(e) the form of the negative clearance and the conditions under
which it is issued;
(f) the threshold for prior notification to the Commission of a
merger transaction:
(g) the manner and form of lodging appeals or reports with the
Commission;
(A) the manner and form of serving notices on any person by

the Commission, and the manner of production of books, records
or documents;
(i) the manner in which the Commission shall carry out an
investigation under this Act:
(7) the manner and form in which the Commission shall
institute an inquiry under this Act; and
(«) generally the carrying into effect of the purposes of this
Act.
(3) Notwithstanding section 21(e) of the General Interpr
etation
Cap.1:01 Act, the regulations made under this Act may create
offences whose
penalties may not exceed—
(a) in the case of a natural person, a fine of K1,000,000
and
imprisonment for one year; and
(0) in the case of a legal person, a fine of K20,000,000.
(4) The Commission may issue guidelines, notices and
prescribe
forms for purposes of providing guidance or directions,
as the case
may be, for better carrying into effect the provisions of this
Act,
Government 74. This Act shall apply to, and bind, the Government.
to be bound
Repeal and 73.—(1) Subject to subsection (2), the Competition

savings and Fair
Cap.48:09
Trading Act is repealed.
(2) Any subsidiary legislation made under the repeal
ed Act, in
force immediately before the commencement of this Act—
(a) shall remain in force, unless in conflict with this
Act;
(b) shall be deemed to be subsidiary legislation made
under
this Act; and
(c) may be replaced, amended, revoked, or repealed by
subsidiary legislation made under this Act.
Transitional 76.(1) Any approvals, authorizations, permission, directi
matters ons,
orders, and any other decisions issued, granted
or made in
accordance with the repealed Act shall, unless otherwise
expressly
provided for in this Act or in any other written law,
continue to be
in force and be deemed to have been issued, granted
or made, as the
case may be, under this Act.
(2) Members of the Commission as constituted immed

iately
before the coming into force of this Act, shall continue
to hold office
as Commissioners until the appointment of new Commi
ssioners in
accordance with this Act.
47
(3) Any legal proceedings commenced before the coming into

, shall be
force of this Act by, or against, the former Commission .
the Commission
deemed to have been commenced by, or against,
before the
(4) All property, funds and assets which, immediately
Commission,
commencement of this Act were vested in the former
the comm encement
for the use of the former Commission shall, on
d to have vested
of this Act, and without further assurance, be deeme
the Commi ssion ,
in, or to have been acquired by, or on behalf of,
liabilities, charges, obligations and trusts
subject to all interests,
affecting such property, funds and assets.
agreeme’ 3 and other
(5) All debts, obligations, liabilities,
sct and vested
arrangements existing at the commencement of this
behalf of, the former
in, acquired, incurred or entered into by, or on
be deemed to
Commission, shall, on the commencement of this Act,
ed or entered into by,
have vested in, or to have been acquired, incurr
e enforceable by,
or on behalf of, the Commission, and shall becom
to the same extent as they were
or against, the Commission
enforceable by, or against, the former Commission.
ncement of
(6) Any person who, immediately prior to the comme
be deemed to
this Act is employed by the former Commission, shall
Commi ssion under
have been transferred to the employment of the
e, and, for the
his or her former terms and conditions of servic
nder, his or her
purpose of determining his or her rights thereu
the time he was
service shall be regarded as continuous from
appointed by the former Commission.
” means the
(7) For purposes of this section, “former Commission
section 75.
Commission established under the Act repealed under
SCHEDULE (s.67)
OATH OF SECRECY
Livccpecneeeer net er Re being a Commissioner/member of a

ssion/ consultant of the
Committee/invited person/employee of the Commi
freely without fear or favour,
Commission, do hereby swear/affirm that | will of a
of a Commissioner/member
affection, or ill-will, discharge the functions
ssion/consultant of the
Committee /invited person/employee of the Commi
reveal any matter related
Commission and that I will not directly, or indirectly of
ise than in the course
to such functions to any unauthorized person or otherw
duty. So, help me God.
48 Competition and Fair Trading
No. 20
SWORN/AFFIRMED at
Before me:
Commissioner for Oaths
Passed in Parliament. this fi fth day of April, two thousand and

twenty-four.
FIONA KALEMBA
Clerk of Parliament
No. 21 Older Persons
Aet
No. 21 of 2024
I assent
Dr. Lazarus MCCARTHY CHAKWERA

PRESIDENT
19th May, 2024
ARRANGEMENT OF SECTIC JS
SECTION
PART I—PRELIMINARY
. Short title and commencement
2. Interpretation
Part II—GENERAL PRINCIPLES

3. Objects of the Act
4, Implementation of the Act
5. General principles
Part III—ENABLING AND SUPPORTIVE ENVIRONMENT FOR OLDER

PERSONS
Rights of older persons
Development of national standards and compliance
om
Guiding principles for provision of services

Fiscal incentives for support services delivered by third
parties
Part IV—OLDER PERSON’S GRANT

10. Provision of older person’s grant
11. Eligibility for an older person’s grant
12, Identification and selection of beneficiaries for an older
person’s grant
13. Payment of older persons grants
14. Discontinuation of payments to older persons absent from
Malawi
Older Persons No. 21
SECTION
15. Recovery of older person’s grant
16. Appeals
17. False representation
PART V—PROTECTION FOR OLDER PERSONS

18. Older persons in need of care and protection
19. Notification of abuse of older persons
20. Written notice to alleged offender
21. Procedure for bringing alleged offenders before court
22. Enquiry into alleged abuse of older persons
23. Prohibition of abuse of older persons and special measures to
combat abuse of older persons
24. Keeping of register of abuse of older persons
Part VI—CoMMUNITY-BASED CARE AND SUPPORT SERVICES

25. Rights of older persons receiving community-based care and
support services
26. Community-based programmes for older persons
27. Community-based care and support services to be registered
and licensed
28. Registration and licensing of community-based care and
support services
29. Persons providing home-based care
30. Monitoring and evaluating community-based care and support
services
Part VII—RESIDENTIAL FACILITIES

31. Rights of older persons in residential facilities
32. Services at residential facilities
33. Registration and licensing of residential facilities
34. Compliance with conditions for registration of residential
facilities
35. Establishment of residents’ committees for residential
facilities
36. Admission to residential facilities
37. Monitoring of registered residential facilities
38. Reports by operators of residential facilities
Part VITI—LIcENcES
39. Requirement for a licence
SECTION
40. Application for a licence
4]. Grant or refusal of application for licence
42. Particulars of licence
43. Annual returns
44, Cancellation of licence
45. Cessation of activities
Part [X—INsPECTION
46. Inspectors
47. Powers of inspectors
48. Obstruction of inspectors, etc.;
ParT X——NATIONAL STEERING COMMITTEE ON OLDER PERSONS AND

NATIONAL TECHNICAL SUB-COMMITTEE ON OLDER PERSONS
49. Establishment and composition of the National Steering
Committee on Older Persons
50. Tenure of office and vacancies
51. Co-opted persons
§2. Chairperson and Vice-Chairperson of the National Steering
Committee
53 Functions of the National Steering Committee
54. Powers of the National Steering Committee
55. Meetings of the National Steering Committee
56. Establishment and composition of the National Technical
Sub-Committee on Older Persons
57. Functions of the Technical Sub-Committee
58. Sub-committees
59. Personal attendance of meetings
60. Disclosure of interest
61. Allowances and expenses of members of the National
Steering Committee and Technical Sub-Committee
62. Secretariat
ParT XI—ADMINISTRATION
63. Implementation and monitoring of programmes
64. Director of Elderly Affairs
b2. Duties and functions of the Director
SECTION
Part XII—MISCELLANEOUS
66. Oath of secrecy
67. Protection from personal liability
68. Annual reports
69. Offences and penalties
70. Regulations
An Act to provide for the status, well-being, safety and

security
_ of older persons through the promotion and protec
tion of their
rights; and to provide for connected and incidental
matters
ParT I—PRELIMINARY
Short title and 1. This Act may be cited as the Older Persons Act,
_ commence- 2024, and
shall come into operation on such date as the Minister
ment may appoint
by notice published in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires—
“abuse” means any conduct contemplated in section 22
“beneficiary” means a recipient of an older Pp person’s rant
under Part | V;
“care” means physical, psychological, social or material

assistance to an older person, and includes services aimed at
promoting the quality of life and general well-being
of an older
person;
“caregiver” means any person who provides care;
“community-based care and support services” means
any
programme provided for under section 25:
“Director” means the Director of Elderly Affairs appointed
under section 64;
“frail older person” means an older person in need
of
continuous care due to a physical or mental condition
which
renders him incapable of caring for himself;
“health care provider” means a person registered under
Cap. 36:01 the
Medical Practitioners and Dentists Act;
“home-based care” means care provided or services rendered

at the place where a frail older person resides, other than at a
residential facility, by a caregiver in order to maintain maximum
level of comfort of a frail older person, including care towards a
dignified death;
“inspector” means a person appointed or designated as an
inspector under section 46;
“manager” means the person responsible for th: day-to-day
management of a residential facility;
“National Steering Committee” means the National Steering
Committee on Older Persons established under section 49;
“older person” means a person who is sixty years of age or
older;
“operator” means a person who operates a residential facility;
“rehabilitation” means a process by which an older person is
enabled to reach and maintain optimal physical, sensory,
intellectual, psychiatric or social functional levels, and includes
measures to restore any such functions or compensate for the loss
or absence of any such function, but does not include medical
care;
“residential facility” means a building or other structure used
primarily for the purposes of providing accommodation and
providing continuous services to older persons;
“respite care” means a service offered specifically to a frail
older person, and which is aimed at the provision of temporary
care and relief;
“service” means any activity or programme designed to meet
the needs of an older person;
“shelter” means any building or premises maintained or used
for the reception, protection and temporary care of an oider
person in need of care and protection;
“social welfare officer” means a person registered as a social

welfare officer under any written law and in the employ or service
of government or an organization registered under the Non-
Governmental Organizations Act; and Cap. 5:05
“Technical Sub-Committee” means the National Technical

Sub-Committee on Older Persons established under section 56;
Part II—GENERAL PRINCIPLES

Objects of the 3. The objects of the Act are to—
Act
(a) maintain and protect the rights of older persons;
(6) maintain and promote the status, well-being, safety and
security of older persons;
(c) promote community-based care of older persons in order to
ensure that older persons remain in their home within the
community for as long as possible;
(d) regulate the registration, establishment and management of
services for older persons;
(e) regulate the registration, establishment and management of
residential facilities for older persons: and
(f) prevent, eliminate and punish the abuse of older persons.
Implementa- 4.—(1) This Act shall be implemented in an integrated, co-
tion of the
ordinated and uniform manner, at national and local council levels,
Act
by all organs of State which render services to older persons.
(2) All organs of State shall take reasonable measures to the
maximum extent of their available resources to achieve the
realization of the objects of this Act.
(3) All organs of State shall co-operate in the development of a
uniform approach aimed at co-ordinating and integrating the
services delivered to older persons to achieve the implementation of
this Act in the manner contemplated in subsections (1) and (2).
General 5.—(1) All proceedings, actions or decisions in a matter
principles
concerning an older person shall—
(a) respect, protect, promote and fulfil the rights and the best
interests of the older person;
(6) respect the inherent dignity of the older person;
(c) treat the older person fairly and equitably;
(d) protect the older person from unfair discrimination on any
ground, including on the grounds of the health status or disability
of the older person;
(e) not discriminate against an older person on political
grounds; and
(f) respect, protect, promote and fulfil the principles and rights
set out in this Act.
(2) In any matter concerning an older person—
(a) an approach which is conducive to conciliation and
problem-solving shall be followed; and
(b) delay in any action or decision to be taken shall be avoided

as far as possible.
Part J[I_ENABLING AND SUPPORTIVE ENVIRONMENT FOR OLDER

PERSONS
6.—(1) An older person shall, at all times, enjoy the rights Rights of
older persons
provided for under Chapter IV of the Constitution and, in particular,
shall not unfairly be denied the right to—
(a) participate in community life in any position ‘gpropriate to
interests and capabilities of the older person;
(6) participate in inter-generational programmes;
(c) establish and participate in structures and associations for
older persons;
(d) participate in activities that enhance income-generating
capacity of older persons;
(e) live in an environment catering for changing capacities of
older persons; and
(f) access opportunities that promote optimal level of social,
physical, mental and emotional well-being of older persons.
(2) An older person has the right, without discrimination on the
basis of age, to an adequate standard of living, for himself or herself
and his or her family, including—
(a) access to adequate food, water, clothing and housing; and
(b) the continuous improvement of living conditions.
(3) The Minister shall ensure equal access by older persons to —
(a) appropriate and affordable social services; and
(b) social support programmes.
(4) The Government shall provide appropriate health care
services to older persons, including services designed to minimize
and prevent the occurrence of communicable and non-
communicable diseases, and aggravation of disabilities in old age.
(5) The Minister shall, in collaboration with the Minister
responsible for health, take appropriate measures to ensure access
for older persons to health services that are age and gender sensitive,
and to health-related rehabilitation, and shall, in particular, prescribe
mcasures to—
(a) formulate and implement a programme to enable older
persons have access to free or affordable medical and
8 Older Persons
No. 21
rehabilitation services in public hospitals and,

where there is need
for a referral to a private hospital, put mech
anisms in place for the
older person to access the medical and rehab
ilitation services:
(6) provide older persons with the same
range, quality and
standard of free or affordable health care
and programmes as
provided to other persons, including in,
the area of sexual and
reproductive health and population-based public health
programmes;
,
(c) develop national guidelines, minimum
norms and standards
for the provision of health care services to older
persons;
(a) ensure that older persons have access to healt
h care and
rehabilitation services in any health establishm
ent, and shall not
be required to pay a higher fee for such
services, on the basis of
age;
(e) include geriatric studies in the curriculum
of training
institutions for health professionals to develop
appropriate human
resources to provide general and specialize
d services to older
persons;
(f) prohibit discrimination against older
persons in the
provision of medical or health insurance
and life insurance,
where such insurance is permitted by law,
which shall be
provided in a fair and reasonable manner; and
(g) prevent discriminatory denial of
health care or health
services, food and fluids on the basis of age.
(6) A person who denies an older person
any entitlement under
this Act, including access to a medic
al insurance or life insurance,
on the basis of age or medical condition,
commits an offence and is,
on conviction, liable to—
(a) in the case of a natural person, a fine
of ten million Kwacha
and to imprisonment for seven years; or
(b) in the case of a body corporate, a
fine of one hundred
million Kwacha.
Development of | 7,—(1) The Minister may,
from time to time, by notice published
national in the Gazette, prescribe national standards
standards and
compliance < for the acceptable levels
Of services that may be provided to older perso
:
ns, and the terms
under which services shall be moni
tored and evaluated.
(2) Any person who provides a service to
an older person shall
comply with the standards prescribed under
subsection (1).
Guiding 8. Every service for older persons shall
Principles for be provided in an
environment that —
provision of
services
Older Persons 9
No. 21
(a) recognizes the social, cultural and economic contribution of

older persons;
(b) promotes participation of older persons in decision-making
processes;
(c) recognizes the multi-dimensional needs of older persons,
and promotes inter-sectoral collaboration;
(d) ensures access to information by, education of and training
of older persons;
(e) promotes the development and basic care of c* ier persons
in rural and urban areas;
(f) promotes the prevention of exploitation of older persons;
(g) promotes the respect and dignity of older persons;
(h) ensures that older persons receive priority in the provision
of basic services;
(i) ensures rehabilitation and the provisioning of assistive
devices to older persons; and
(j) ensures, as far as is practicable, that services and facilities
are accessible to older persons.
9,—(1) The Minister may — Fiscal
ts : incentives for
(a) recommend to the Minister responsible for finance- support
(i) the provision of fiscal incentives to. service providers that ens "
lelivered by
; : “
provide social services to older persons; and siiind paefies
(ii) conditions for the provision of fiscal incentives,
including accounting measures, compliance measures and
norms and standard;
(b) for the purposes of paragraph (a), prioritize needs and
(c) in the prescribed manner, enter into contracts with service
providers to ensure that the services prescribed under paragraph
(a) are provided; and
(d) prescribe remedies for failure to comply with the prescribed
conditions contemplated in paragraph (c).
(2) The Minister shall cause to be opened and maintain a register
e
of all assets bought under the fiscal incentives, and may prescrib
conditions for the management of the assets.
10 Older Persons No. 21
PART IV—OLDER PERSON’S GRANT

Provision of 10.—(1) The Minister shall, in consultation with the Minister
older person’s responsible for finance, out of the moneys appropriated by the
alias National Assembly for that purpose, prescribe for a grant to be
called the older person’s grant (in this Act referred to as the “older
person’s grant”) for eligible older persons.
(2) The older person’s grant shall be provided to eligible older
persons at monthly intervals, or at such intervals as the Ministe
r
may prescribe.
Eligibility for 11. An older person shall be eligible to an older person’s grant,
an older if the person—
person's grant
(a) is a citizen of Malawi; and
(5) has attained the age of seventy years.
Identification 12.—(1) The Director shall design the method of identifying and
bebe of selecting beneficiaries for an older person’s grant using community-
Se an older based targeting approaches.
esa yan (2) The identification, selection and verification of beneficiaries
shall be done within the community where the beneficiaries live.
(3) A person shall be registered as a beneficiary of the older
person’s grant in the area where he or she ordinarily resides.
(4) An eligible older person shall, in person present to the
Director, or any other designated officer, sufficient and cogent proof
of his or her eligibility, and may do so by producing—
(a) a national identification card: or
(4) proof of application for a national identification card.
(5) Where the Director, or other duly designated officer,
is in
doubt with the credibility of proof of citizenship or eligibility of
an
older person, he or she may seek written, verbal or visual testimo
ny
of the chief or a village headman from the area where the
older
person resides.
(6) Where an older person satisfies the eligibility and selecti
on
criteria for an older person’s grant, the eligible older person
shall
be—
(a) enrolled in the older person’s grant payroll by entering the
particulars of that person as prescribed therein; and
(5) issued with an older person’s grant recipient card in
the
prescribed form.
Older Persons il
No. 21
(7) The Director shall, in accordance with this Act, create the
necessary conditions and take all necessary actions for promoting
awareness of the older person’s grant among the citizens of Malawi.
13.—{1) The Director shall, in consultation with local authorities, Payment of
older persons
establish centres throughout every traditional authority area in grants
Malawi as pay points where beneficiaries may receive their grant,
and for this purpose the Director shall endeavour to establish the
pay points at reasonable walking distances for older persons.
(2) A recipient of an older person’s grant (in this Part otherwise
referred to as the “beneficiary”) shall have the right ¢ d the duty to-
(a) present himself or herself for receipt of tr grant;
(b) verify with the Director, or its designated officers, the
amount he or she is supposed to receive; and
(c) request that any error or omission with respect to his or her
grant be corrected.
(3) The Director shall, on a monthly basis, or as otherwise
prescribed, pay the beneficiaries of an older person’s grant in such
amounts as the Minister may, from time to time, determine.
(4) Where a beneficiary is absent during a pay parade for any
reasons whatsoever, except where he or she is dead, the Director
shall carry forward the grant to the next pay parade.
(5) Where a beneficiary is unable to physically present himself or
herself at the pay point due to a medical condition, a disability or
frailty, the Director may nominate an adult person who is related to
the beneficiary, or a social worker, to receive an older person’s
grant, on behalf of the beneficiary, if the person so nominated
satisfies prescribed conditions.
14.—(1) Where, due to a medical, safety or family emergency, a Discontinua-
be absent from his or her area of residence,

tion of
beneficiary is likely to payments to
or from the Republic for a period exceeding ninety days, the older persons
Director shall suspend payment of the older person’s grant until the absent from
person before the Director, and confirms his

Malawi
beneficiary appears in
or her permanent return.
(2) A beneficiary shall not be entitled to claim arrears of an older
person’s grant for the period he or she was absent from his or her
area of residence, or from the Republic.
(3) The Director shall permanently discontinue payment of the
grant and de-register the beneficiary from the beneficiary payroll
aster receipt of information and proof of—
(a) death of a beneficiary; or
(b) permanent absence of a beneficiary in the Republic.
Recovery of 15.—(1) Where the Director pays money to an older

older person’s person under
the belief that the older person is entitled theret
grant o under this Act, but
the older person was not entitled thereto, the amoun
t of money so
paid is an amount due and payable to the State
by the older person
or, if he or she is deceased, by his or her estate.
(2) The Director shall recover the amounts to

which an older
person was not entitled, as specified under subsection
(1).
(3) The Director shall investigate all complaints
of alleged
fraudulent withholding of the full or partial benefi
t due to a
beneficiary, and the holding of the investigation shall
not affect the
right of a beneficiary to receive the full value of the
benefit from
date of accrual.
Appeals 16.—(1) Where an older person is dissatisfied
with a decision
made by the Director with respect to a matter regula
ted by this Act,
the older person or a person acting on his or her
behalf may, within
ninety days of his or her gaining knowledge of that
decision, lodge
a written appeal with the Minister against that decisi
on, setting out
the reasons why the Minister should vary or set aside
that decision.
(2) The Minister may, after considering the appea
l and the
reasons of the Director for the decision—
(a) confirm, vary or set aside that decision; or
(4) appoint an independent tribunal to consider
the appeal in
accordance with such conditions as the Minister may
prescribe by
notice published in the Gazette, and that tribunal
may, after
consideration of the matter, confirm, vary
or set aside that
decision or make any other decision.
Faise 17.—(1) A person who, during identifica
tion, selection,
representation verification or registration of beneficiaries for
an older person’s
grant, furnishes information which he or she knows
to be untrue or
misle ading in an material respect, or makes a repre
sentation which
to his or her knowledge is false, in order
that he or she, or another
person may—
(a) obtain or retain the older person’s grant to
which the person
is not entitled to under this Act; or
(4) obtain the older person’s grant in excess
of his or her
entitlement under this Act,
commits an offence and is, upon conviction,
liable to a fine of
five million Kwacha and to imprisonment for two
years.
(2) A person who receives an older perso
n’s grant knowing that
he or she is not entitled thereto, or is not
entitled to the full amount
which he or she is receiving, and fails to
inform the Director thereof,
Older Persons 13
No. 21
commits an offence and is, upon conviction, liable to a fine of five

million Kwacha and to imprisonment for two years.
(3) A beneficiary who knowingly fails to inform the Director of
any material change of information shall be liable to an
administrative penalty.
PART V_—PROTECTION FOR OLDER PERSONS
18.—(1) Any person who is involved with an older person in a

Older persons
in need of
professional capacity, and who on personal observe on concludes care and
that the older person is in need of care and protect’ .n, shall report protection
his observations to the Director.
(2) Any person, other than a person referred to in subsection (1),
who is of the opinion that an older person is in need of care and
protection may report such opinion to a social welfare officer or the
Director.
(3) The Director or the social welfare officer to whom a report has
been made under subsection (1) or (2) shall investigate the matter.
(4) If the report is substantiated by the investigation, the Director
or the social welfare officer concerned, as the case may be, may take
any one or more of the following actions—
(a) facilitate the removal of the older person concerned to a
hospital, in case of injury or illness, or to a shelter;
(b) report the matter to a police officer, and request the police
officer to act in accordance with this Act;
(c) take any other steps as may be prescribed to ensure
adequate provision for the basic needs and protection of the older
person concerned; or
(d) if the older person concerned is the victim of an offence,
assist the older person to lay a complaint before a police officer.
(5) For purposes of this section an older person who is in need of
care and protection is one who—
(a) has his or her income, assets or old age grant taken against
his or her wishes or who suffers any other economic abuse;
(b) has been removed from his or her property against his or
her wishes or who has been unlawfully evicted from any property
occupied by him or her;
(c) has been neglected or abandoned without any visible means
of support;
(d) lives or works on the streets or begs for a living;
(e) abuses or is addicted to a narcotic or intoxicating substan

ce,
and is without any support or treatment for the substance abuse
or
addiction;
(f) lives in circumstances likely to cause or to be conducive
to
seduction, abduction or sexual exploitation;
(g) lives in or is exposed to circumstances which may
harm
that older person physically or mentally; or
(h) is in a state of physical, mental or social neglect.
Notification 19.—(1) Any person who suspects that an older person is
of abuse of or has
been abused, or suffers from an abuse-related injury,
older persons shall
immediately notify the Director, or a police officer, of his or her
suspicion.
(2) A person is not liable for an offence in respect
of any
notification given in good faith under subsection (1).
(3) On receipt of a notification under subsection (1)}—
(a) the Director or police officer, as the case may be, shall
immediately investigate the matter and if the suspic
ion is
substantiated by the investigation, section 18 (4\(d), with
the
necessary modifications, shall apply; and
(8) the police officer shall inform the Director of the alleged
abuse or, if he or she is satisfied that it is in the best interest
s of
the older person that the alleged offender is removed from the
home or place where the older person resides, act accordingly.
(4) Any person who conceals information regarding abuse
of an
older person, or aids and abets the abuse of an older person, in
contravention of this section commits an offence and
is, upon
conviction, liable to a fine of ten million Kwach
a and to
imprisonment for five years.
Written notice 20.—(1) A police officer to whom a complaint referred to in
to alleged
section 18 (4)(d) has been made and who is satisfied that
offender it is in the
best interests of the older person that the alleged offend
er is
removed from the home or place where the older person
resides,
shall issue a written notice which—
(a) specifies the full names, residential address, occupation
and
Status of the alleged offender;
(5) requests the alleged offender to leave the home or place
where the older person resides and refrain from entering the
home
or place or having contact with the older person until
the court
hearing specified in paragraph (c);
Older Persons 13
No. 21
(c) summons the alleged offender to appear at a magistrate’s

the
court having jurisdiction on a date and at a time specified in
be
written notice to advance reasons why he or she should not
permanently prohibited from entering the home or place where
the older person resides:
day
Provided that the date so specified shall be the first court
after the day upon which the notice is issued; and
(d) contains a certificate under the hand of the police officer
notice
that he or she has handed the original copy of the written
to the alleged offender, and that he or she has splained to the
alleged offender the importance of the notice.
copy of
(2) The police officer shall forthwith forward a duplicate
magistr ate’s court concer ned.
the written notice to the clerk of the
copy
(3) The production to the magistrate’s court of the duplicate
facie
of the written notice referred to in subsection (2) is prima
proof of the issue of the original thereof to the alleged offende r.
to
(4) A magistrate’s court before which an alleged offender
whom a written notice in terms of subsection (1) has been issued
appears, may summarily inquire into the circumstances which gave
ered the
rise to the issuing of the notice, and may, after having consid
circumstances which gave rise to the issuing of the written notice
and after having heard the alleged offender—
(a) issue an order prohibiting the offender from entering the
any
home or place where the older person resides or from having
home or
contact with the older person, or both from entering the
of
place and having contact with the older person, for a period
time as the court deems fit;
(b) order that the offender may enter the home or the place
where the older person resides or have contact with the older
person upon such conditions as would ensure that the best
interests of the older person are served;
(c) order that the offender will be responsible for the
maintenance of the family of the older person during the period
specified under paragraph (a); or
(d) make such other order with regard to the matter as the court
deems fit.
(5) A person who—
(a) has been issued with a written notice issued under
subsection (1) and—
(i) refuses to leave the home or place where the older person
resides; or
(ii) has contact with the older person in contravention of

the
written notice;
(5) contravenes or fails to comply with an order
of the
magistrate’s court issued under subsection (4) or
with any
condition contained in the order,
commits an offence and is liable, upon conviction, to a fine of
ten
million Kwacha and to imprisonment for five years,
Procedure for 21.—{1) If a social welfare officer or a health care
bringing provider
submits or makes a written statement under oath or
alleged affirmation to a
offenders public prosecutor, and in such statement alleges that
any person
before court within the area of jurisdiction of the magistrate’s court to which
that
public prosecutor is attached abuses an older person
, that public
prosecutor may, subject to subsection (2), request the
clerk of that
court to issue a summons informing such first-mentio
ned person of
the allegations against him or her and calling upon
him or her to
appear, at a time and place specified in the summons,
before a
magistrate within that area.
(2) A public prosecutor shall not, under subsection (1),
request a
clerk of the court to issue summons, unless he or she has obtain
ed
from the social welfare officer or health care provider a report
on the
alleged abuse of the older person concerned.
(3) If, on the basis of a statement under oath
or affirmation
referred to in subsection (1) the magistrate has reason
to suspect that
a social welfare officer or health care provider will be
prevented or
prohibited from going into or entering upon the place
where the
older person concerned resides to make the necess
ary investigation
for the purposes of a report referred to in subsection
(2), or if such
social welfare officer or health care provider has been
prevented or
prohibited from doing so, the magistrate may, on
an application of
the public prosecutor, issue a warrant authorizing the
social welfare
officer or health care provider to go into or enter
upon that place to
make such investigation.
(4) A magistrate may, in the warrant issued by him under
subsection (3), authorize the social welfare officer or
health care
provider to take a police officer with him or her for the
purposes of
an investigation referred to in subsection (3).
Cap. 8:01 (5) The Criminal Procedure and Evidence Code applie
s, with the
necessary changes, in relation to the form and manne
r of service of
summonses in criminal cases in lower courts, the
time to be allowed
to a person summoned to appear, and the manne
r in which a person
who has been summoned to appear may be dealt with if
the person
fails to appear or to remain in attendance, as requir
ed, in respect of
summo ns issued under section.
No. 21 Older Persons 17
(6) A person who—

(a) obstructs or hinders a social welfare officer or a health care
provider in the performance of his functions under this section; or
(b) refuses to furnish to a social welfare officer or a health care
provider any information in connexion with the alleged abuse of
an older person at his disposal which the officer requires for the
purposes of an investigation referred to in subsection (3),
commits an offence and is, upon conviction, liable to a fine of ten
million Kwacha and to imprisonment for five years.
22.—(1) Subject to this section, a magistrate t fore whom a Enquiry into
person is brought under section 21 shall enquire imo the correctness alleged abuse
of older
or otherwise of the allegations contained in the summons. persons
(2) A public prosecutor or any other person designated by the
magistrate for the purpose shall appear at the enquiry, and may call
witnesses and cross-examine any other witnesses giving evidence at
the enquiry.
(3) The person against whom the allegations is made may give
evidence, and he or she, or his or her legal representative, may
cross-examine any witnesses called under subsection (2), and may
call witnesses and shall be given the opportunity to advance reasons
why an order under subsection (9) should not be issued.
(4) Subject to anything to the contrary contained in this Act, the
law relating to criminal trials in magistrates’ courts applies with the
necessary changes in respect of subpoenas, the calling and
examination of witnesses for the purposes of or at the enquiry, the
taking of evidence and the production of documents and other
articles thereat, and the payment of allowances to witnesses.
(5) The magistrate holding the enquiry may determine whether or
not the proceedings shall be conducted in open court or in camera.
(6) The Criminal Procedure and Evidence Code, in so far as it Cap. 8:01
relates to the conduct of a criminal trial in the absence of an
accused, applies with the necessary changes in respect of an enquiry
held under this section.
(7) The report referred to in section 21 (2) shall be submitted to
the magistrate holding the enquiry, who may direct the district
health officer, a psychiatrist or a clinical psychologist to examine
the older person concerned and to furnish the magistrate with a
revort on the findings of the examination.
(8) The contents of a report submitted or furnished in accordance
with subsection (7) shall be disclosed to the person against whom
the allegations were made, and if he or she so desires, he or she, or

his or he legal representative, shall be given an opportunity to cross-
examine the person who made the report, in relation to any matter
arising out of the report, and to disprove any allegation made
therein.
(9) If, after consideration of the evidence and of any report
submitted or furnished under subsection (7), it appears to the
magistrate that any allegation in the summons is correct, the
magistrate may—
(a) authorize the person concerned to accommodate or care for
the older person concerned under such conditions as the
magistrate may impose; or
() prohibit that person from accommodating or caring for any
older person for such period, but not exceeding ten years, as may
be determined by the magistrate.
(10) Any person who contravenes or fails to comply with any
condition imposed under subsection (9)(a) or who contravenes or
fails to comply with subsection (9)(b) commits an offence and is,
upon conviction, liable, to a fine of ten million Kwacha and to
imprisonment for five years.
Prohibition of 23.—(1) Any conduct or lack of appropriate action, occurring
abuse of older within any relationship where there is dependence or an expectation
persons and
special of trust, which causes harm, injury or distress, or is likely to cause
measures to harm, injury or distress, to an older person constitutes abuse of an
combat abuse older person.
of older
persons (2) For the purposes of subsection (1), “abuse” includes physical
abuse, sexual abuse, psychological abuse and economic abuse
and—
(a) “physical abuse” means any act or threat of physical
violence towards an older person;
(b) “sexual abuse” means any conduct that violates the sexual
integrity of an older person;
(c) “psychological abuse” means any pattern of degrading or
humiliating conduct towards an older person, and includes—
(1) repeated insults, ridicule or name calling;
(ii) repeated threats to cause emotional pain; and
(iil) repeated invasion of the privacy, liberty, integrity or
security of an older person; and
(d) “economic abuse” means—
(i) the deprivation of economic and financial resources to
which an older person is entitled under any written law;
No, 21 Older Persons 19
(ii) the unreasonable deprivation of economic and financial

resources which the older person requires out of necessity; and
(iii) the disposal of household effects or other property that
belongs to the older person without the consent of the older
person.
(4) If a court, after having convicted a person of any offence,
finds that the convicted person has abused an older person in the
commission of the offence, that finding shall be regarded as an
aggravating circumstance for sentencing purposes.
(5) Any person who abuses an older person commits an offence
and is, upon conviction, liable to a fine of fifteen r ‘Ilion Kwacha,
and to imprisonment for seven years.
24.—(1) The Director shall, in the prescribed manner, keep a Register of
abuse of older
register of persons convicted of the abuse of an older person or of persons
any offence provided under section 23 (4).
(2) A person whose name appears in the register contemplated in
subsection (1) shall not, in any way—
(a) operate or be employed at any residential facility;
(b) provide any community-based care and support service to
an older person.
Part VI__-COMMUNITY-BASED CARE AND SUPPORT SERVICES

25. An older person receiving community-based care and Rights of
older persons
support services has, in addition to the rights provided for under receiving
section 6, the right to— community-
based care
(a) reside at home as long as possible; and support
(b) pursue opportunities for the full development of his or her services
potential; and
(c) benefit from family and community care and protection in
accordance with the system of cultural values of society.
26.—(1) The Minister may, in collaboration with any other Community-
based
relevant Minister— programmes
(a) develop community-based programmes regarding— for older
persons
(i) prevention and promotion, which shall ensure the
independent living of older persons in the community in which
the older persons reside; and
(ii) home-based care, which shall ensure that frail older
persons receive maximum care within the community through
a comprehensive range of integrated services, and
(5) determine how any person who runs a programme under

paragraph (a) may be supported, either financially or otherwise.
(2) The programmes referred to in subsection (1) shall be aimed
at—
(a) achieving economic empowerment of older persons;

(b) establishing recreational opportunities for older persons;
(c) providing information, education and counselling services,
including information, education and counselling services
relating to HIV and AIDS, care for orphans, Alzheimer’s,
dementia and basic emergency care;
(d) providing spiritual, cultural, medical, civic and social
services;
(e) providing nutritionally balanced meals to needy older
persons;
(f) promoting skills and capacity of older persons to sustain
their livelihoods;
(g) providing professional services, including care and
rehabilitation, to ensure independent living of older persons;
(A) providing appropriate services for vulnerable and
qualifying older persons;
(‘) utilizing and managing existing facilities for older persons
as multi-purpose community centres;
(/) integrating community care and development systems for
older persons; and
(k) implementing inter-generational programmes.
(3) All home-based care programmes for frail older persons
within the community may include—
(a) the provision of hygienic and physical care of older
persons;
(5) the provision of professional and lay support for the care of
older persons within the home;
(c) rehabilitation programmes that include provision of assisted
devices;
(d) the provision of respite care;
(e) information, education and counselling for family
members, caregivers and the community regarding ageing and
associated conditions; and
(/) the provision of free health care to frail older persons and to
other older persons, as may be determined by the Minister.
27.—_(1) A person shall not provide community-based care and Community-

based care
support services, unless the service is registered and licensed in and support
accordance with section 28. services to be
registered and
(2) A person who provides community-based care or support licensed
services without being registered and licensed in accordance with
section 35 commits an offence, and is liable, on conviction, to a fine
of ten million Kwacha and to imprisonment for five years.
28.—(1) A person who intends to provide community-based care Registration
and support services shall apply to the Director for the registration and licensing
of
and a licence in the prescribed manner. community-
based care
(2) The Director may prescribe conditions for the >gistration and and support
licensing of community-based care and support se ices, including services
conditions regarding application, approval, temporary registration
or licensing, withdrawal and termination of registration or the
licensing.
(3) A person who has been registered in accordance with this
section may apply to the Director for a licence to provide
community-based care and support services in accordance with the
provisions of Part VIII.
(4) The licence issued by the Director shall not be transferable to
another person.
(5) If the service provider, for any reason, intends to stop
providing the service, the service provider shall, prior to stopping
the service in question—
(a) in writing, notify the Director of the intention and the
implications of such stoppage for the affected older persons;
(6) inform the older persons affected of the intended stoppage
of the service; and
(c) take reasonable steps to ensure that the older persons
benefiting from the service are not adversely affected or put at
risk and, where appropriate, are referred to a person providing
similar services.
29._{1) Every service provider for home-based care for older Persons
persons shall, prior to provision of services, ensure that caregivers providing
home-based
receive the training prescribed by the Director. care
(2) Sub-section (1) does not apply to social welfare officers and
health care providers referred to in subsection (3).
(3) All social welfare officers and health care providers in the
oublic service providing care to older persons under subsection (1)
shall be registered with the Director.
(4) The Director shall keep a register of all caregivers providing

home-based care for older persons.
(5) The Director shall prescribe a code of conduct for the
caregivers.
(6) Any person who contravenes or fails to comply with this
section commits an offence and shall, on conviction, be liable to a
fine of five million Kwacha, and to imprisonment for two years.
Monitoring 30.—(1) A social welfare officer in the public service may, at any
and time, and any social welfare officer or person designated by the
evaluation of
community- Director shall, if requested to do so by the Director—
based care
and support
(a) visit and monitor any service provider for home-based care
services and support services for older persons in order to ensure
compliance with this Act;
(5) interview any older person cared for or accommodated by
service provider for home-based care and support services either
with or without the assistance of a health care provider enquire
into the well-being of any older person;
(c) direct any person who has in his possession or custody any
book or document relating to the service provider for home-based
care and support services, to submit the book or document to him
for inspection;
(d) submit a report to the Director on the outcome of the
inspection; and
(e) provide the service provider for home-based care and
support services with a report on the findings of the inspection.
(2) A social welfare officer, or designated person exercising any
power under subsection (1), shall, at the request of service provider
for home-based care and support services in question or the person
who has control over the place in question, as the case may be,
produce proof of identity issued by the Director stating that he is a
social welfare officer or designated person.
(3) A social welfare officer or designated person may issue a
compliance notice to the service provider for home-based care and
support services if a provision of this Act has not been complied
with.
(4) A compliance notice remains in force until the relevant
provision of this Act has been complied with and the social welfare
officer or designated person has issued a compliance certificate in
respect of that notice.
(5) A person who—
(a) obstructs or hinders a social welfare officer or designated

person in the performance of his functions in terms of subsection
(1);
(b) refuses to give a social welfare officer or designated person
access to an older person cared for or accommodated in a
residential facility referred to in subsection (1); or
(c) refuses or fails to comply with a direction in terms of
subsection (1)(d@),
commits an offence and is, upon conviction, liable to a fine of ten
Part VII—RESIDENTIAL FACILITI .

31. An older person residing in a residential facility shall have, Rights of
in addition. to the rights . under Chapter IV of the Constitution or any older al
other written law, the right to— facilities
in residential
(a) appoint a representative to act on his or her behalf;

(b) have reasonable access to assistance and visitation;
(c) keep and use personal possessions;
(d) have access to basic care;
(e) be informed about the financial status of the residential
facility and changes in management;
(f) participate in social, religious and community activities of
his choice;
(g) privacy;
(h) a personal physician, if he or she can afford it; and
(i) be given a notice of at least thirty days of a proposed
transfer or discharge.
32. The following services may be provided at residential Services at
facilities— residential
facilities
(a) continuous care and support services to frail older persons
and older persons who need special attention;
(b) care and supervision services to older persons who are
suffering from dementia and related diseases;
(c) rehabilitation services;
(d) public education on issues of ageing, including dementia;
(e) counselling services to residents and family members who
need these services;
(f) implementation and monitoring of outreach programmes;
(g) provision of beds for the temporary accommodation of

older persons who are at risk;
(A) respite care services;
(i) training of volunteer caregivers to deal with frail older
persons; and
(7) sport and recreational activities.
Registration 33.—(1) A person shall not operate a residential facility, unless
and licensing
of residential
the facility is registered and licensed under this Act.
facilities
(2) A person who wishes to operate a residential facility shall, in
the prescribed manner, apply to the Director for registration thereof.
(3) The Director may refuse an application under subsection
(3),
or grant the application, subject to such conditions as the Directo
r
may determine, and if the application is granted, the Director
may
direct that a certificate of registration, in the prescribed form
and
specifying conditions attached thereto, if any, be issued to the
applicant.
(4) The Director may, at any time after giving a notice of one
month of its intention to do so, and after consideration of any
representations received by the Director during that month, amend
or cancel registration.
(5) An amendment or cancellation of a certificate of registration
shall be effected by notice to the holder thereof, and takes effect
on
a date specified in the notice:
Provided that the date specified in the notice in an amendment or
cancellation of a certificate of registration shall not be earlier than
three months for permanent registration and one month
for
temporary registration after the date of the notice, unless
the
Director and the holder of the certificate of registration certificate
agree otherwise.
(6) A person to whom a certificate of registration has been
issued
under subsection (3) shall not transfer it to any other person.
(7) Where the registration of a residential facility has
been
cancelled in accordance with subsection (4), or if the operato
r
wishes to close down the facility for any reason, the operator
shall
take reasonable steps to ensure that, on the closing down of the
facility, the older persons concerned are accommodated in another
registered residential facility or with persons who, in the opinion of
a social welfare officer, are fit and proper persons to accomm
odate
the older person or older persons.
(8) A person who has been registered under subsection (4) may
apply for a licence to operate a residential facility in accordance
with the provisions of Part VIII.
(9) Any person who contravenes this section, or of a condition
imposed thereunder, commits an offence and is liable, upon
conviction, to a fine of ten million Kwacha and to imprisonment for
five years.
(10) This section does not apply to a private residence in which
an older person is looked after by a family member.
34.—(1) If there is reason to believe that any of the conditions Compliance
prescribed under section 33 (3) have not been com’ ied with by the with
conditions for
operator, the Director may order specific measur’ . ¢o be adopted to registration of
facilitate compliance with those conditions. residential!
facilities
(2) The operator shall, at all reasonable times, report to the
Minister any circumstances which may result in his inability to
comply fully with any condition prescribed under section 33 (3).
(3) Where the registration of a residential facility has been
cancelled in accordance with section 33 (5), or if the operator
wishes to close down that residential facility, the operator shall—
(a) prior to any decision to close down that residential facility,
consult with the Director on the matter;
(5) furnish the Director with a full report on the
accommodation of the older persons concerned required under
section 33 (7); and
(c) hand over to the Director all assets bought with
Government funds.
imposed thereunder, commits an offence and is liable, upon
conviction, to a fine of ten million Kwacha and to imprisonment for
five years.
35.—(1) If more than ten older persons reside in a residential Establishment
facility, other than a shelter, the residents shall establish a residents’ of residents’
committees
committee which shall represent the interests of the residents at the for residential
residential facility. facilities
(2) The Director shall prescribe—

(a) the composition of a residents’ committee established under
subsection (1), which shall be reflective of the profile of residents,
and shall include representatives of the residents and members of
staff of the residential facility and members of the public;
(6) the election, appointment, qualifications, terms of office

and grounds for removal from office of the members of a
residents’ committee and the filling of vacancies on such
committee; and
(c) the number of, and procedure at, meetings of a residents’
committee.
(3) A residents’ committee established under subsection (1) shall
ensure that the manager of the residential facility—
(a) facilitates interaction between the residents of the
residential facility and their families, the public in general and the
committee;
(b) provides quality service to the residents of the residential
facility;
(c) provides opportunities for the training of the staff of the
residential facility;
(d) applies principles of sound financial management, and
submits quarterly financial reports to the residents and staff of the
(€) monitors activities at the residential facility in order to deal
speedily with any incidents of abuse of the residents of the
residential facility, and takes steps to report such incidents to the
Director and any other appropriate authority;
(f) consults the residents’ committee in the appointment of the
residential staff of the residential facility;
(g) establishes complaints procedures for the residents and
staff of the residential facility and persons who wish to lodge a
complaint on behalf of any such resident; and
(h) does everything necessary or expedient for the effective
functioning of the residential facility.
Admission to 36.—{1) A person shall not, directly or indirectly, unfairly
residential
discriminate against an older person applying for admission to a
facilities
residential facility on the grounds specified in section 20 of the
Constitution.
(2) Where an older person is refused admission to a residential
facility, the manager of that residential facility shall, on the request
of that person, give reasons in writing for the refusal to that person.
(3) An older person shall not be admitted to a residential facility
without his consent, unless his or her mental condition renders him
or her incapable of giving the consent, in which case a person
authorized to give the consent under any written law or pursuant to
a court order may give the required consent,
(4) In the absence of a person envisaged under—

(a) subsection (3), the required consent may be given by the
spouse or partner of the older person concerned or, in the absence
of the spouse or partner, an adult child or sibling of the older
person, in the specific order as listed; or
(5) paragraph (a), the required consent may be given by the
Director.
(5) The consent specified under subsections (3) and (4) shall only
be given after a medical practitioner registered under the Medical
Practitioners and Dentists Act has certified that any delay in the Cap. 36:01
admission of the older person to the residential faci’ty may result in
the death or irreversible damage to the health of t 2 older person.
(6) The operator of a residential facility shall take all reasonable
steps to obtain the older person’s consent.
(7) Notwithstanding subsection (3), an older person who is
capable of understanding shall be informed of the intended
admission even if his or her mental condition renders him or her
incapable of giving the required consent in terms of that subsection.
(8) The operator of a residential facility into which an older
person is admitted as a result of consent given in accordance
subsection (4)(b) shall notify the Director of the admission within
forty-eight hours after such admission.
(9) On receipt of the notice referred to in subsection (8), the
Director shall constitute multidisciplinary committee as may be
prescribed in order to assess and to confirm or reject the admission
contemplated in that subsection.
imposed thereunder, commits an offence and is, upon conviction,
liable to a fine of ten million Kwacha, and to imprisonment for five
years.
37._(1) A social welfare officer in the public service may at any Monitoring of
time, and any social welfare officer or person designated by the registered
residential
Director shall, if requested to do so by the Director— facilities
(a) visit and monitor a residential facility in order to ensure

compliance with this Act;
(b) interview any older person cared for or accommodated in
the residential facility;
(c) either with or without the assistance of a health care
provider enquire into the well-being of any older person;
(@) direct any person who has in his possession or custod

y any
book or document relating to the residential facility, to submit
the
book or document to him for inspection;
(e) submit a report to the Director on the outcome
of the
inspection; and
(/) provide the operator with a report on the findings of
the
inspection.
(2) A social welfare officer or designated person exerci
sing any
power under subsection (1) shall, at the request of
the manager of
the residential facility in question, or the person who
has control
over the place in question, as the case may be, produc
e proof of
identity issued by the Director stating that he or she
is a social
welfare officer, or designated person.
(3) A social welfare officer or designated person
may issue a
compliance notice to the operator concerned if a provis
ion of this
Act has not been complied with.
(4) A compliance notice remains in force until the releva
nt
provision of this Act has been complied with and the
social welfare
officer or designated person has issued a compliance
certificate in
respect of that notice.
(5) Any person who—
(a) obstructs or hinders a social welfare officer or
designated
person in the performance of his functions under subsec
tion (1);
(5) refuses to give a social welfare officer or designated
person
access to an older person cared for or accom
modated in a
residential facility referred to in subsection (1); or
(c) refuses or fails to comply with a direction under
subsection
(1)(@),
commits an offence and is, upon conviction, liable
to a fine of ten
Reports by 38.—(1) The operator shall, within sixty days after
operators of the end of the
financial year of that residential facility, submi
residential t to the Director, a
facilities report covering that financial year in respect of—
(a) compliance with the prescribed service standards
and the
prescribed measures to prevent and combat abuse of older
persons; and
(b) the provisions of the prescribed service level agree
ments
concluded during that financial year.
(2) If the operator fails to submit a report referred
to in subsection
(1), the Director may—
(a) give notice to that operator that, if such report is not

submitted within ninety days after the date of that notice, the
registration of the residential facility may be withdrawn; and
(b) if the report is not submitted within ninety days after the
date of the notice given under paragraph (a), withdraw the
registration of the residential facility after giving a notice of one
month of the intention to do so.
Part VITI—LIcENcES
39.—(1) A person who is not licensed or permitted under this Act Requirement
or any other written law, shall not operate a resir ntial facility or for a licence
offer community based care and support service’ .o older persons.

(2) A person who engages in any act in contravention of
subsection (1) commits an offence, and is, upon conviction, liable to
a fine of ten million Kwacha, and to imprisonment for five years.
40.—(1) An application for the issue of a licence shall be in the Application
prescribed form, and shall accompanied by— for a licence
(a) a certificate of registration issued under section 33;

(4) proof of payment of the prescribed fee;
(c) a plan with the full details of activities for which the licence
is being sought and specification of the location where the
applicant intends to operate;
(d) where appropriate, proof of incorporation or registration
under a written law;
(e) a security clearance certificate from the MalaWi Police
Service of the applicant and each senior officer and director of the
applicant;
(f) an undertaking to comply with the laws of Malawi;
(g) a declaration, signed and dated by the applicant that he or
she is conversant with the provisions of this Act; and
(A) such other details as the Director may prescribe by notice
published in the Gazerte.
(2) The application shall further contain a detailed description of
the method that the applicant proposes to use for keeping records,
which shall—
(a) ensure compliance with the record keeping requirements
under this Act; and
(b) permit the Director to audit the activities of the applicant
ouc? licensed in terms of this Act.
(3) An application under this section shall be signed by the

applicant or, in the case of a body corporate, one of its officer
s,
directors or partners, as the case may be, and indicate that
all
information and documents submitted in support of the applica
tion
are correct and complete to the best of their knowledge.
Grant or 41.—(1) Where, after consideration of an application made under
refusal of section 40, the Director is—
application
for licence (a) satisfied that the application meets the requirements of this
Act, the Director shall grant the licence to the applicant; and
(6) not satisfied that the application meets the requirements
of
this Act, the Director shall, within ninety days, give a
written
notification to the applicant why the application has not been
granted.
(2) Where the Director refuses the application in accordance
with
subsection (1) (b), the applicant may re-submit the application to
the
Director after rectifying the shortfalls or mischief in the applica
tion
cited by the Director in his written notification.
(3) The Director may, after consideration of the application under
section 40—
(a) grant a licence, subject to such conditions as the Director
may determine; or
(5) grant a temporary licence to operate the residential facility
or offer community based care and support services for such
period as the Director may determine, and direct that a tempor
ary
licence specifying those conditions be issued to the applica
nt in
the prescribed form for that period, and after expiration of
the
said period, or after notice by the applicant in the
prescribed
manner, that the said conditions have been compli
ed with,
whichever occurs first, reconsider the application.
(4) A temporary licence issued under subsection (3)(b)
may not
be extended for more than twelve months under
the same
conditions.
(5) Where the grounds for refusal to grant a licenc
e under this
section are not in accordance with the principles of fairnes
s or
natural justice, the applicant for a licence is entitled
to a review of
the decision of the Director by a competent court of
law.
Particulars of 42.—(1) Every licence issued under this Act shall
licence —
(@) be in the prescribed form, and bear a licence numbe
r;
(6) bear the name and address of the licensee;
(c) bear the physical address of the site or sites and,
if possible,
of each building location if located in different locations but

under the same licence where authorized activities may be
conducted;
(d) be valid of for period specified in subsection (3);
(e) indicate the effective and expiry date of the licence;
(f) be issued subject to payment of a prescribed fee, and any
other conditions as the Director to prescribe;
(g) bear any conditions which the licensee is required to meet;
(h) list the authorized activities; and
(i) be published in the Gazette.
(2) Upon being granted the licence, the licens’ » shall—
(a) be entitled to engage in the activities .ur which the licence
has been issued;
(b) cause a licence to be conspicuously displayed, at all times,
on the site to which the licence relates; and
(c) comply with all the conditions stipulated on the licence.
(3) A licence issued under this Act shall be valid for a period of
twelve months after which it may be renewed for further period of
twelve months, upon the payment of a prescribed fee.
(4) A person intending to renew a licence under subsection (1)
shall apply to the Director for the renewal of the licence, at least
three months prior to the expiry of the licence.
(5) A person holding a valid licence under this Act may only
transfer the licence to another person with the approval, in writing,
of the Director.
(6) The Director may prescribe conditions under which a licence
issued under this Act may be transferred to another person.
43.—(1) A licensee shall submit to the Director, on 30th June Annual
every year, records of all transactions which are required to be kept

returns
under this Act.

(2) The Director shall prescribe the manner in which records may
be submitted.
(3) A licensee who fails to submit to the Director the records,
without a reasonable justification for the default, by the period
specified under this section commits an offence and shall be liable
to a prescribed daily penalty.
(4) The Director may suspend a licence where the licensee fails
to submit the records within the thirty days referred to in subsection
(3), on such conditions as the Director deems fit.
32 Older Persons
No, 21
(5) The Director may reinstate the licence

suspended under
subsection (4) on such conditions as he deems being fit upon
satisfied that the licensee has complied with the
requirement,
(6) Where the licensee fails to rectify the reaso
ns for suspension
or fails to comply with the conditions of
reinstatement referred to
under this section within sixty days of the date of notif
Director shall cancel the licence. ication, the
Cancellation 44,—(1) The Director shall cancel a licence

of licences issued under this Act,
where—
(a) the Director has reasonable grounds to
believe that the
licence was issued on the basis of false or misle
ading information
or false or falsified documents submitted with
the application;
(b) the licensee has, since the issuance
of the licence,
contravened this Act or its regulations
or a condition of his
licenc e, and has failed to remedy the contravention within a
specified period;
(c) the licensee is no longer eligible to be regis
tered as required
under section 28 or 33, as the case may
be; or
(d) the information received from any competent
international agency or under the mutual assis national or
tance corporation
agree ments with other national or international law
enforcement
partners raises reasonable grounds to believe that
the licensee has
been involved in illegal activities,
Cessation of 45.—(1) A licensee who intends to cease
activities conducting activities
authorized under a licence, whether befor
e or on the expiry of their
licence, shall submit to the Director a writt
en notice to that effect, at
least thirty days before ceasing those activi
ties.
(2) The Director shall prescribe the manner and nature of
information which a licence holder shall submit on cessation of
activities.
Part [X—INsPECTION
Inspectors 46.—(1) The Director may appoint or designate inspectors on
terms and conditions determined by the Director, to check and
verify compliance with this Act, and in this regard the Director may
designate any person employed by the Director or appointed under
any written law, as an inspector.
(2) The Director shall cause to be published
in the Gazette the list
of persons appointed or designated as inspe
ctors.
(3) The Director shall provide an inspector with an identification

card which shall be prima facie evidence of his appointment or
designation as an inspector.
(4) An inspector shall, in the performance of his or her functions
under this Act—
(a) bear an identification card referred to under subsection (3);
and
(b) on request, show the identification card to any person.
47.—(1) An inspector may, for the purpose of enforcing Powers of
compliance of this Act, at any reasonable time, without prior notice, inspectors
enter into any premises that the inspector has reas .able grounds to
believe that it is being used by a person licen~ 4, or ought to be
licensed, under this Act to commit an offence or act contrary to the
provisions of this Act, and the Director may—
(a) search the premises;
(b) search any person on the premises, if there are reasonable
grounds to believe that the person has possession of an article or
item that has a bearing on the investigation, except that the person
shall not be searched by a person of the opposite sex;
(c) take extracts from, or any copies from any book, document
or record that is on the premises and that has a bearing on the
investigation;
(d) demand the production of relevant certificates and inspect
the same; and
(e) make any such inquiries as may be necessary in order to
ascertain whether this Act, or any other written law on which
there is an investigation, is being complied with.
(2) An inspector shall submit to the Director, a written report
containing all relevant matters relating to an inspection for the
information or action by the Director, as the case may be.
48. A person who— Obstruction
of inspectors,
(a) delays or obstructs an inspector in the performance of the etc.
inspector’s duties and functions under this Act;
(4) refuses to give an inspector reasonable assistance as he may
require for the purpose of exercising the inspector’s functions; or
(c) gives an inspector false or misleading information in
response to an inquiry made by the inspector,
commits an offence and is, upon conviction, liable to a fine of
five million Kwacha and to imprisonment for two years.
PART X—NATIONAL STEERING COMMITTEE ON OLDER PERSONS AND

NATIONAL TECHNICAL SUB-COMMITTEE ON OLDER PERSONS
Establishment | 49,—{1) There is hereby established a national committee to be
ata ss known as the National Steering Committee on Older Persons (in this
“ie "Act referred to as the “National Steering Committee”).
sees (2) The National Steering Committee shall consist of—
Committee on
Aue Hicmaes (a) the following ex-officio members, or their designated
representatives—
(i) the Principal Secretary responsible for Elderly Affairs:
(ii) the Principal Secretary responsible for Justice;
(iti) the Secretary to the Treasury;
(iv) the Principal Secretary responsible for Local
Government;
(v) the Principal Secretary responsible Health;
(vi) the Principal Secretary responsible for Agriculture;
(vii) the Inspector General of Police;
(viii) the Commissioner of Disaster Preparedness and
Management;
(ix) the Director General of the National Planning
Commission; and
(x) the Executive Secretary of the Human Rights
Commission;
(5) the following members appointed by the Minister—
(i) the Executive Director of an association of older persons;
(ii) one person representing civil society operating in the
elderly persons sector;
(ili) two eminent older persons;
(iv) one person representing Traditional Leaders; and
(v) two persons representing religious groups.
(3) A representative of an ex-officio member referred to in
subsection (2) (a) shall be designated by, or on behalf of, the ex-
officio member by notice in writing to the National Steering
Committee to attend the meetings thereof, and upon such
designation the ex-officio member shall not himself or herself attend
to the business of the Committee in person unless the designation is
rescinded.
(4) The Minister shall, in making appointments under subsection
(2) (6)—
(a) take into account the provisions of the Gender Equality Act; Cap. 25:06
and
(b) have regard to the need for continuity in the membership of
the National Steering Committee so that at least two members of
the immediate past shall be retained.
(5) A member of the National Steering Committee, other than an
ex-officio member, shall not, by virtue of the appointment, be
deemed to be an officer in the public service.
(6) The Minister shall cause to be published, in the Gazette,
names of all members of the National Steering Committee, as first
constituted, and every subsequent change in the membership.
50.—(1) A member of the National S -ering Committee Tenure of
appointed under section 49 (2) (b) shall serve for a term of three office and
years from the date of appointment and shall be eligible for =—
re-appointment at the expiry of that period for another term ofthree
years.
(2) The office of a member of the National Steering Committee
appointed under section 49 (2) (b) shall become vacant—
(a) on the expiry of the term of office of the member;
(b) upon the member being adjudged bankrupt,
(c) upon the member being sentenced to any term of
imprisonment for an offence, without the option of paying a fine,
against any written law;
(a) if the member is absent, without valid reason, from three
consecutive meetings of the Committee of which the member has
had notice;
(e) upon the member becoming mentally or physically ill,
where upon a suitably qualified medical practitioner certifies that
the member is no longer, by reason of the illness, capable of
performing duties of the office of member of the Committee;
(f) if the member resigns from office by giving one month’s
notice in writing to the Minister;
(g) in the case of a member appointed under paragraph (ii) or
(iii), if the member is no longer able to represent the relevant
sector; and
(h) upon the death of the member.
(3) A vacancy in the membership of the National Steering
Committee shall be filled by the appointment of a new member by
the Minister in accordance with the criteria set out in section 49
: (2)(4).
(4) A person appointed to fill a vacancy under subsection (3) shall

serve for the remainder of the term, but the Minister shall not
appoint a person to fill the vacancy where the remainder of the term
is a period of less than six months.
(5) The period served by a person appointed under subsection (3)
shall not be regarded as a term for purposes of subsection (1) unless
the period served is two years or more.
Co-opted Sl. The Nationai Steering Committee may, in its discretion, at
PSELORS any time and for any period, co-opt any person to be a member of
the Committee, and such member shall attend any meeting of the
Committee and take part in the deliberations thereof, but shall not
be eligible to vote.
Chairperson 52.—(1) The Principal Secretary responsible for Gender,
and Vice- Community Development and Social Welfare shall be the
coeeae °F Chairperson of the National Steering Committee.
Saat A (2) The members of the National Steering Committee shall, at
their first meeting, elect one of their number to be Vice-Chairperson
who, subject to subsection (3), shall hold office for the duration of
his or her tenure of office.
- (3) The office of the Vice-Chairperson shall become vacant if—
(a) the holder resigns from office by giving notice in writing to
the Chairperson;
(4) the holder of the office ceases to be a member of the
National Steering Committee; and
(c) the Committee so decides by simple majority or the
Minister so directs.
(4) Whenever the Chairperson is absent or is for any cause unable
to discharge the functions of his or her office, the Vice-Ch
airperson
shall discharge the functions of the Chairperson.
Functions of 53.—({1) The National Steering Committee shall—
the National :
Steering. (a) advise the Government on all aspects of ageing :
and the
Committee welfare of older persons, either on its own initiative or upon
the
request of the Minister, and in particular on—
(i) the measures to promote the health, wellbeing and social
inclusion of older persons;
(ii) the implementation of the recommendations contained in
the national policy on ageing;
(iii) any action, based on research required to plan and
develop services for older people;
(iv) the means of meeting the needs of the most vulnerable

older persons;
(v) the methods of ensuring co-ordination between the
public, private and community sectors at the national and the
local level, in the planning and provision of services for older
persons; and
(vi) the mobilization of resources for investment in
programmes and services for the empowerment of older
persons; and
(vii) the allocation of financial resources for elderly
services;
(b) provide advice and guidance in the ievelopment and
implementation of national policies and strategies designed to
produce health and social gain for older persons;
(c) promote—
(i) the autonomy of older persons by supporting
international conventions, and protocols on the rights of older
persons;
(ii) the economic and financial security of older persons; and
(iii) multi-sectoral collaboration and co-ordination in the
planning, provision and evaluation of programmes and
(d) regulate and monitor the activities of organizations
providing services to older persons to ensure transparency and
adherence to regional and national policies on ageing:
(e) review and approve policies, guidelines, regulations and
any other programme implementation documents pertaining to
older persons programmes;
(f) inspect any institutions and facility registered under this Act
or purporting to pursue any activities related to this Act or its
objectives;
(g) provide oversight functions in the administration of grants
for older persons;
(A) recommend to the Minister measures necessary for
ensuring the inclusion of older persons in all aspects of the design
and implementation of social protection programmes in Malawi;
(7) oversee the implementation of the provisions of this Act and
other elderly related laws, policies and plans; and
(7) conduct inquiries, including public inquiries, into any

matter relating to the dignity, welfare, care and protection of older
persons.
(2) The National Steering Committee shall, in the performance of
its functions, consult and collaborate with Government institutions,
private sector entities and civil society organizations.
Powers of the 54. The National Steering Committee shall, in the discharge of
Nationa! its functions, have power to—
Steering
Committee (a) promote its functions and objectives, or any matter under its
consideration, through sponsorship, support or organization of
conferences, workshops or meetings;
(4) receive donations of funds, materials and technical
assistance for the furtherance of its work;
(c) carry out consultations regarding any matter under its
consideration and for the general conduct of its work and
determine the procedure for carrying out such consultations; and
(d) do and perform all such things or acts as are necessary or
expedient for the execution of its functions, duties and powers
under this Act.
Meetings of 55.—({1) The National Steering Committee shall meet for the
the Steering
National
transaction of its business once in every three months, at such places
Committee and times as the Chairperson may determine.
(2) The Chairperson shall convene ordinary meetings of the
National Steering Committee by giving the members not less than
seven days’ written notice.
(3) The Chairperson may, on his or her own motion and at any
time, convene an extraordinary meeting of the National Steering
Committee by giving the members not less than twenty-four hours’
written notice.
(4) The Chairperson shall convene an extraordinary meeting of
the National Steering Committee within three days of receipt of a
request in writing signed by not less than eight members specifying
the purpose for which the meeting is to be convened.
(5) A quorum at every meeting of the National Steering
Committee shall be constituted by ten members.
(6) The Chairperson or, in the absence of the chairperson, the
Vice-Chairperson shall preside over a meeting of the National
Steering Committee and, in the absence of both the Chairperson and
Vice-Chairperson, the members present and forming a quorum shall
elect one of their number to preside over the meeting.
(7) A decision of the National Steering Committee on any

question shall be by consensus but where this is not possible, the
decision shall be determined by a majority vote of members present
and voting, and where there is an equality of votes, the Chairperson
or, in the absence of the Chairperson, the Vice-Chairperson or other
member presiding, shall have a casting vote in addition to a
deliberative vote.
(8) A member of the National Steering Committee, other than an
ex-officio member, shall attend meetings of the National Committee
in person.
(9) The National Steering Committee may, where necessary and
taking into account the nature of the matter to ' . deliberated, invite
any person to attend its meeting and particip.xe in the deliberations
or to make a presentation or to be asked questions on any matter, but
the person so invited shall have no right to vote.
(10) The National Steering Committee may make rules to
regulate its proceedings and business or the proceedings and
business of the Technical Sub-Committee and other sub-committees
of National Committee.
(11) The Commissioner shall be secretary of the National
Steering Committee and shall record and keep minutes of meetings
of the National Steering Committee and the minutes shall be
confirmed at the subsequent meeting.
(12) The Director or other officer as the Director may designate,
may attend meetings of the National Steering Committee and the
Technical Sub-Committee, and of any of its committees, and may
address the meetings, but shall not vote on any matter.
(13) Where, in any meeting, the deliberations of the National
Steering Committee and the Technical Sub-Committee, or any of its
committee concerns the Director or any officer designated to attend
the meeting, the Director or the designated officer, as the case may
be, may excluded from the meeting.
56.—(1) There shall be a National Technical Sub-Committee on Establishment
and
Older Persons (in this Act referred to as the “Technical Sub- membership
Committee”) which shall be the main technical forum on technical of the
direction and recommendations on programme implementation. National
Technical
(2) The Technical Sub-Committee shall consist of designated Sub-
Committee on
senior officers of — Older Persons
(a) the Ministry of Gender, Community Development and
Social Welfare;
(b) the Ministry of Finance, Economic Planning and

Development;
(c) the National Planning Commission;
(d) the Malawi Police Service;
(e) the Judiciary;
(/) the Ministry of Justice;
(g) the Ministry of Local Government and Rural Development;
(h) the Ministry of Homeland Security:
(2) Ministry of Information;
(/) the Ministry of Agriculture;
(k) the Ministry of Health;
(2) the Department of Disaster Preparedness and Management;
(m) the Human Rights Commission;
(”) an association of older persons; and
(0) academic institutions.
(3) Members of the Technical Sub-Committee under subsection
(2) (c) and (d) shall be appointed by the National Committee and
shall serve for a term of three years, and may be re-appointed once
for another term of three years.
(4) The Director, or any other senior officer designated by the
Principal Secretary responsible for Elderly Affairs, shall be the
chairperson of the Technical Sub-Committee
Functions of 57.—(1) Subject to provisions of this Act, the Technical Sub-
the Technical Committee shall serve as a national technical advisory body to the
Sub-
Committee National Committee on all matters relating to the promotion and
protection of the rights of older persons.
(2) Without prejudice to the generality of subsection (1), the
Technical Sub-Committee shall provide technical support to the
National Committee on —
(a) the establishment, registration, licensing and inspection, of
providers of community-based care and support services, and
residential facilities, for older persons:
(6) the administration, management and provision of grants to
a)
older persons;
(c) resource mobilization and allocation for elderly services;
(d) surveys, investigations and research concerning older
persons;
(e) matters relating to care, violence, abuse and protection of

older persons; and
(f) the development, implementation and monitoring of a
national public awareness strategy for elderly issues.
58.—(1) The National Steering Committee may establish any Sub-
number of sub-committees, in addition to the Technical Sub- committees
Committee, to carry out any special or general functions determined

by the Committee and may delegate to the sub-committees any of
its functions as the Committee may consider expedient.
(2) The National Steering Committee shall appoint a chairperson
for each sub-committee from amongst its membr .
(3) A member of a sub-committee who is uot an officer in the
public service shall, in respect of expenses incurred by him in
travelling and subsistence while discharging his duties as member
of that sub-committee be paid such allowances as the Minister may
determine.
59. Amember of the National Steering Committee or Technical Personal
Sub-Committee shall not attend a meeting of the Committee or the attendance of
meetings
Sub-Committee by proxy, and where a member of the Committee or
the Sub-Committee is unable to attend any meeting of the
Committee or the Sub-Committee, he or she may request that his
apologies for failure to attend be recorded.
60.—(1) If a member of the National Steering Committee or Disclosure of
Technical Sub-Committee is present at a meeting of the Committee interest
or Sub-Committee at which any matter which is the subject of

consideration is a matter in which that member, or his or her
immediate family member, or his or her professional or business
partner, is directly or indirectly interested, he or she shall, as soon as
practicable, after the commencement of the meeting, disclose his or
her interest, and that member shall not take part in any consideration
or discussion of, or vote on, any question relating to the matter.
(2) A disclosure of interest by a member of the National Steering
Committee or Technical Sub-Committee shall be recorded in the
minutes of the meeting at which it is made.
61. Members of the National Steering Committee or Technical Allowances
Sub-Committee, other than ex-officie members, and of any of its and expenses
of members
committees, and persons invited under section 51 in connexion with of the
the business of the National Committee or Technical Sub- National
Committee, or any committee, shall be paid travelling, subsistence, Steering
Committee
sitting and other allowances, and be reimbursed for reasonable and the
expenses incurred, as the Minister may determine. Technical
Sub-
Committee
Secretariat 62.—({1) The Ministry of Gender, Community Development and

Social Welfare shall serve as the secretariat for the National Steering
Committee and Technical Sub-Committee.
(2) The Director shall be the secretary to the National Steering
Committee.
(3) The Principal Secretary responsible for Elderly Affairs shall
designate a senior officer to be the secretary to the Technical Sub-
Committee.
Part X]—ADMINISTRATION
Implementa- 63.—(1) The Ministry of Gender, Community Development and
ton and. Social Welfare shall deliver, implement and monitor elderly policy
monitoring of
programmes | PrOgramme under this Act in close collaboration with structures at -
district and local council level, which shall be responsible for
co-ordination all stakeholders in the implementation and monitoring
of programmes at district and local levels.
(2) For purposes of subsection, there shall be established, in each
district—
(a) a District Technical Committee of Older Persons, which
shall include community-based organizations, faith-based
organizations, and other community and_ civil society
organizations;
(6) a District Elders Committee, which shall include
representatives of Older Persons in the District; and
(c) Community Elders Committees, which shall include
representatives of Older Persons in the community.
Director for 64.—(1) There shall be a Director for Elderly Affairs (in this Act
ae referred to as the “Director”) whose office shall be a public office.
(2) The Director shall be responsible for all matters pertaining to
older persons.
Duties and 65.—(1) Without prejudice to the generality of section 65 (2), the
functions of | Director shall be responsible for and shall have power to—
the Director
(a) request the production by any person, of any document or
information which, in the opinion of the Director, is necessary for
the execution of its functions under this Act;
a)
(6) inquire into any matter concerning the provision of older

person’s grants, and may for that purpose—
(i) subpoena any person who can furnish information of

material importance concerning the matter under investigation,
or who is reasonably assumed to have under his or her control
a book, document or thing that may have a bearing on the
investigation, to appear within a reasonable period before it
and to furnish the information or to produce the book,
document or thing, as the case may be;
(ii) administer an oath to that person or cause that person to
make an affirmation if that person was or could have been
subpoenaed under paragraph (a) and he or she is present at the
enquiry; and
(iii) cross-examine any person referred “> in paragraph (ii),
(c) issue, review, approve or revoke liv ices pursuant to this
Act;
(d) inspect any site or premises in connexion with the
implementation of this Act or any written law; and
(e) do and perform all such things or acts as are necessary or
expedient for the execution of its functions, duties and powers
under this Act.
Part XIJ—MISCELLANEOUS
66. Every— Oath of

secrecy
(a) member of the National Steering Committee or Technical
Sub-Committee; and
(b) member of a committee of the National Steering
Committee or Technical Sub-Committee,
shall, upon assumption of office and before attending a meeting,
take an oath of secrecy in the form set out in the Schedule to this
Act and the oath shall be administered by a commissioner for
oaths.
67.—(1) No court action or other proceedings shall be brought Protection
from liability
personally against any member of the National Steering Committee
or Technical Sub-Committee or member of staff of the Ministry in
respect of any act or omission done in good faith in the course of
carrying out the provisions of this Act.
(2) Where, in any court action or other proceedings, a question
arises on whether or not an act or an omission was done in good
faith in the course of carrying out the provisions of this Act, the
burden of proving that the act or the omission was not done in good
faith in the course of carrying out the provision of this Act shall be
on the person alleging that it was not so done.
Annual 68.—(1) The Director shall, as soon as practicable, but not later
reports
than three months after the end of each financial year, cause to be
prepared and submitted to the Minister an annual report detailing
4
activities implemented during the year.
(2) The Minister shall, as soon as practicable after the end of each
financial year, but not later than six months after the end of the
financial year, lay before Parliament a copy of the annual report
received under subsection (1).
Offences and 69.—(1) Any person who—
penalties
(a) hinders or obstructs any person in the performance of his
functions under this Act;
(5) refuses or fails to comply with a requirement or request
which the Director or an employee of the Director has lawfully
set or made in the performance of his functions under this Act;
(c) intentionally furnishes the Director, or an authorized
officer, with false or misleading information;
(d) has been subpoenaed under this Act and fails or refuses,
without sufficient cause—
(i) to appear at the time and place specified in the subpoena;
(ii) to remain in attendance, until excused by the person
presiding at the enquiry, from further attendance; or
(iii) to take an oath or to make an affirmation as a witness,
commits an offence and is, upon conviction, liable to a fine of
ten million Kwacha and to imprisonment for five years.
(2) Any person who contravenes this Act for which no specific
penalty has been prescribed under this Act shall be liable to a
fine
of five million Kwacha and to imprisonment for two years.
Regulations 70.—(1) The Minister may make regulations regarding—
(a) any matter which shall or may be prescribed under this Act;
(4) the form of any application, authority, certificate, consent,
notice, order, register, process or subpoena which is to or may be
made, granted, given, issued or kept under this Act, and any other
form required in administering this Act:
(c) the procedure to be followed and the conditions which may
be imposed in connexion with the registration of residential
facilities, and the minimum standards with which such residential
qj
facilities are to comply;

(d) the books, accounts and registers which are to be kept by
the managers of residential facilities, the manner in which such
books, accounts and registers are to be kept and dealt with, and
the returns and reports to be furnished in connexion with such

facilities;
(e) the records to be kept by any person who cares for or
accommodates for remuneration, whether by way of money or
goods, any older or frail person in any place other than a
(f) measures to—
(i) prevent, combat and deal! with the abuse of older persons;
(ii) be taken to advance persons disadvantaged by unfair
discrimination;
(iii) promote the rights of residents of res’ tential facilities;
(iv) promote the rights of older pers as that are not in
residential facilities;
(g) the form and content of service level agreements between
the residents and the residents’ committee of a residential facility;
(A) the minimum norms and standards for admission of older
mae persons to residential facilities;
(i) service standards for older persons;
(7) the levels of community-based care and support services for
older persons;
(k) the keeping of registers antler this Act; and
(J) generally, any other ancillary or incidental administrative or
procedural matter that it is necessary to prescribe for the proper
implementation of this Act.
(2) Notwithstanding the provisions of section 21 (e) of the
General Interpretation Act, the Minister may, in regulations made
under this Act, prescribe a fine of five million Kwacha and
imprisonment for two years, for an offence committed in
contravention of the regulations.
(3) Any regulation made under subsection (1) which affects a
department or agency outside the responsibility of the Minister,
shall be made after consultation with the relevant Minister.
SCHEDULE (s. 66)

OATH OF SECRECY
OATH OF SECRECY FOR A MEMBER OF THE NATIONAL
STEERING COMMITTEE/TECHNICAL SUB-COMMITTEE
; oe i ., being a member/person invited to
attend a meeting, ‘of the National ‘Steering Committee/Technical Sub-
Committee, do hereby solemnly and sincerely swear/ affirm that I will freely
without fear or favour, affection or ill-will, discharge the functions of a

member/co-opted member/invited person of the National Steering
Committee/Technical Sub-Committee, and that I will not, directly or indirectly,
communicate or reveal to any unauthorized person or persons any matter or
business of the National Steering Committee/Technical Sub-Committee which
shall be brought under my consideration or shall become known to me as a
member/co-opted member/person attending a meeting of the National Steering
Committee/Technical Sub-Committee except as may be required for the due
discharge of my duties as such member/person attending the meeting. So, help
me God.
Signature of the person making the oath [or affirmation]
Sworn [or affirmed] by the said ........0.0c.cccecceccccccecceceeceeseuseess

crocs owner
AL se eraverpnorlst avacts IG ose BOE = cade c eechitcoshn 20
Commissioner for Oaths
4}
twenty-four.
FIONA KALEMBA
Clerk of Parliament
Printed and published by THE GOVERNMENT PRINTER Lilongwe, Malawi-(Price: K11,000.00)

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1

The Malawi Gazette Supplement, dated 31st May, 2024, containing

(Published 31st May, 2024)

Dr. Lazarus McCartHy CHAKWERA

of s. 23 of the principal Act

3. <oction 23 of the principal Act is amended

“(5) subject to subsection (3), holds a foreign

Insertion of 5. The principal Act is amended by inserting, immediately after

The Chief Justice may, on the recommendation of tl

Passed in Parliament this fifth day of April, two thousand and

(Published 31st May, 2024)

Dr. Lazarus McCartuy CHA} /ERA

Amendment of s.2 of the principal Act

Kwacha (MK105,000,000,000)” and substituting therefor, the

Passed in Parliament this fifth day of April, two thousand and

(Published 31st May, 2024)

Dr. LazARus McCartHy CHAKWERA

An Act to amend the Electricity Act

amended, by deleting the

ded, by deleting the

(4) A person who—

(5) Without prejudice to the right of a licensee to

in Parliament this fifth day of April, two thousand and

(Published 31st May, 2024)

Dr. LAzARUS McCartuy CHA WERA

Part II—THE ComPeTITION AND FAIR TRADING COMMISSION

Functions of the Commission

Powers of the Commission

Removal from office

Part IIJ]—FINANCIAL PROVISIONS

Part IV—GENERAL POWERS OF THE COMMISSION

Part V—AnTI-ComPeETITIVE BUSINESS CONDUCT

Part VI—REVIEW AND CONTROL OF MERGERS

Part VIII—Powers oF THE COURT

Part [X—SETTLEMENT OF INFRINGEMENTS

Part X—Cross-BORDER COOPERATION

An Act to encourage competition in the economy by prohibiting

“Chief Executive Officer” means the Chief Executive Officer

“concerted practice” means co-operative or coo. sinated

“Court” means the Commercial Division of the High Court

“Secretariat” means the Secretariat of the Commission

(c) activities of trade unions and other associations directed at

(d) elements of any agreement which relate exclusively to the

(e) any act done to give effect to a provision

Part II—THe Competition AND FAIR TRADING COMMISSI

(g) undertake advocacy, research and market studies to

(iv) the Director General of the Malawi Bureau of Standards

(c) upon his or her death;

(b) incompetence in the execution of the functions of the office

to attend any of its meetings and address it on a matter, but such

13.—(1) The Commissioners, members of Committees or an Allowances

(g) being found guilty of misconduct punishable by dismissal

Part [I[—FINANCIAL PROVISIONS

(2) All fees and monetary penalties paid to the Commission,

Levy 19. The Minister, acting on the recommendation of the

Part IV——GENERAL PowERS OF THE COMMISSION

(k) suspend or order the application of conditions to a merger

(2) A person or enterprise affected by an interim measure may

Part V—ANTI-CoMPETITIVE BUSINESS CONDUCT

24._(1) Any agreement, decision and concerted practice, Prohibition