CHAPTER 14:02
PRESERVATION OF PUBLIC SECURITY

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Public security regulations

   4.   Incidental and supplementary provisions in regulations

   5.   Application and effect of regulations

   6.   Proof of documents

   7-11.   Repealed by Act No. 21 of 1993

1 of 1960
3 of 1965
17 of 1992
12 of 1993
21 of 1993
G.N. 22/1963
73/1964(M)

An Act to make provision for the Preservation of Public Security and for matters incidental thereto

[15TH JUNE 1960]

1.   Short title

   This Act may be cited as the Preservation of Public Security Act.

2.   Interpretation

    In this Act, unless the context otherwise requires—

   “public security” includes the securing of the safety of persons and property, the maintenance of supplies and services essential to the life of the community, the prevention and suppression of violence, intimidation, disorder and crime, the maintenance of the administration of justice and the prevention and suppression of mutiny, rebellion and concerted defiance of and disobedience to lawfully constituted authority and the laws in force in Malawi;

3.   Public security regulations

    (1) If at any time the Minister is satisfied that it is necessary for the preservation of public security so to do, he may, by notice published in the Gazette, declare that the provisions of subsection (2) shall come into operation and thereupon those provisions shall come into operation accordingly; and they shall continue in operation until the Minister, by further notice published in the Gazette, directs that they shall cease to have effect, whereupon they shall cease to have effect except as respects things previously done or omitted to be done.

   (2) The Minister may, for the preservation of public security by regulations—

   (a)   make provision for the prohibition of the publication and dissemination of matter which appears to him to be prejudicial to public security, and, to the extent which appears to him to be necessary for that purpose, for the regulation and control of the production, publishing, sale, supply, distribution and possession of publications;

   (b)   make provision for the prohibition, restriction and control of assemblies;

   (c)   make provision for the prohibition, restriction and control of residence, movement and transport of persons, the possession, acquisition, use and transport of movable property, and the entry to, egress from, occupation and use of immovable property;

   (d)   make provision for the regulation, control and maintenance of supplies and services;

   (e)   make provision requiring persons to do work and render services;

   (f)   make provision for, and authorize the doing of, such other things as appear to him to be strictly required by the exigencies of the situation in Malawi.

4.   Incidental and supplementary provisions in regulations

   Regulations made under section 3 may—

   (a)   make provision for the payment of compensation and remuneration to persons affected by the regulations;

   (b)   make provision for the apprehension and trial of persons offending against the regulations, and, notwithstanding section 21 (e) of the General Interpretation Act, for such penalties as the Minister may think fit for offences thereunder;

   (c)   make provision for amending or for suspending the operation of any law other than the Constitution;

   (d)   make provision for empowering such authorities and persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations may be made;

   (e)   make provision for the delegation and transfer of powers and duties conferred and imposed by or under the regulations;

   (f)   contain such other incidental and supplementary provisions as appear to the Minister to be necessary or desirable for the purposes of such regulations:

   Provided that nothing in the foregoing provisions of this section or in section 3 shall authorize the making of any regulations providing for the trial of persons by military courts.

5.   Application and effect of regulations

   (1) Any regulation made under this Act may be made to apply to Malawi or to any part thereof, and to any person or class of persons or to the public generally.

   (2) Any regulation made under this Act, and any order or rule made under any such regulation, shall have effect notwithstanding anything inconsistent therewith contained in any law other than the Constitution, and to the extent of any such inconsistency and such law as aforesaid shall have no effect so long as such regulation, order or rule shall remain in force.

6.   Proof of documents

   Every document purporting to be an order, licence, permit, certificate, direction, authority, or other document made, granted or issued by the Minister or any other authority or person in pursuance of this Act or any regulation made under this Act or any order or rule made under any such regulation, and purporting to be signed by or on behalf of the Minister or such other authority or person, shall be received in evidence, and shall, until the contrary is proved, be deemed to have been made, granted or issued by the Minister or that authority or person.

7-11.   Repealed by Act No. 21 of 1993.

[Repealed by Act No. 21 of 1993.]

SUBSIDIARY LEGISLATION

DECLARATION

under s. 3

G.N. 70/1964(M)

   The Minister has declared that section 3 (2) of the Act shall come into operation.

THE PUBLIC SECURITY REGULATIONS

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Interpretation

   3.   Control orders

   4.   Acts, words or writings prejudicial to public safety or public order

   5.   Control of firearms, ammunition and explosives

   6.   Illegal possession of firearms

   7.   Special areas

   8.   Power to disconnect telephones

   9.   Power to obtain information

   10.   Consorting with and harbouring suspected persons

   11.   Control of vessels and vehicles

   12.   Obligation to do work to render services

   13.   Powers of search

   14.   Penalties

G.N. 43/1965
70/1965
127/1965
38/1966
15/1977
6/1994

THE PUBLIC SECURITY REGULATIONS

under s. 3

1.   Citation

   These Regulations may be cited as the Public Security Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires—

   “authorized officer” includes a police officer not below the rank of Inspector, a person holding a commission in the armed forces of Malawi and any person duly authorized in writing as an authorized officer for the purpose of these Regulations by the Minister or by the Commissioner of Police;

   “firearm” means any barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or other missile, and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing dangerous to human beings, and includes any component part of any such weapon as aforesaid and any accessory to any such weapon designed or adapted to eliminate or diminish the noise or flash caused by firing any such weapon, but does not include any antique firearm which has been rendered incapable of use as a firearm.

3.   Control orders

   (1) The Minister may, if he considers it to be necessary for the preservation of public order so to do, make a control order against any person (hereinafter referred to as “a controlled person").

   (2) A control order may be made for all or any of the following purposes, that is to say—

   (a)   for prohibiting, except insofar as may be permitted by the order or by a written permit issued by the Minister, the controlled person from entering, leaving or remaining in any such place or area in Malawi as may be specified in the order;

   (b)   for requiring the controlled person to notify his movements in such manner, at such times and to such persons as may be specified in the order; and

   (c)   for requiring the controlled person to report to such persons, at such times and at such places as may be specified in the order.

   (3) Any permit issued under subregulation (2) (a) shall specify the purpose for which it is issued and may be issued subject to such terms and conditions as may appear expedient to the Minister.

   (4) A control order shall come into force upon the date thereof and the controlled person shall forthwith remove or be removed from any place from which he is prohibited from entering or remaining in or to any place which he is prohibited from leaving by an authorized officer, police officer or any person acting on behalf of the Minister. Any controlled person, whilst being so removed, shall be deemed to be in lawful custody.

   (5) A controlled person who contravenes any of the provisions of the control order made against him or who fails to comply with any of the terms and conditions of any permit issued under subregulation (2) (a) shall be guilty of an offence.

   (6) Any controlled person who is at any time in any place or area in contravention of the provisions of a control order or of the terms or conditions of any permit issued under subregulation (2) (a) may be removed from that place or area by any authorized officer, police officer or any person acting on behalf of the Minister, and for such purpose such force as may be reasonably necessary may be used. Any controlled person, whilst being so removed, shall be deemed to be in lawful custody.

   (7) In every case where a control order has been made under this regulation, the Minister, or other such person as may be appointed by the Minister for this purpose, shall, at the end of a period of six months from the date of the making of such order, and thereafter at the end of every ensuing three months, review such order and shall consider whether such order should be revoked or amended having regard to all the circumstances.

   (8) Any authorized officer may, without warrant, arrest any person in respect of whom he has reason to believe that there are grounds which would justify the making of a control order against him under this regulation, and any such person may be detained in custody for a period not exceeding 28 days pending a decision whether a control order should be made against him.

4.   Acts, words or writings prejudicial to public safety or public order

   (1) No person shall do any act or publish anything likely—

   (a)   to be prejudicial to public security;

   (b)   to undermine the authority of, or the public confidence in, the Government;

   (c)   to promote feeling of ill-will or hostility between any sections or classes or races of the inhabitants of Malawi; or

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