CHAPTER 4:03
EVIDENCE BY COMMISSIONS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

PART I
EVIDENCE BY COMMISSIONS OUTSIDE MALAWI

   2.   Evidence in civil proceedings

   3.   Evidence in criminal proceedings

   4.   Effect of evidence taken on commission

PART II
EVIDENCE BY COMMISSIONS WITHIN MALAWI

   5.   Examination of witnesses in matters before foreign courts or tribunals

   6.   Certificate of diplomatic representative

   7.   Examination on oath

   8.   Expenses of witness

   9.   Refusal to answer questions, etc.

   10.   Courts and judges having authority under this Part

   11.   Persons giving false evidence

   12.   Countries to which this Part applies

PART III
LAW ASCERTAINMENT

   13.   Ascertainment of law outside Malawi

   14.   Certified copies of opinion

   15.   Application of opinion

PART IV
MISCELLANEOUS

   16.   Proof of acts of state

   17.   Rules

16 of 1967
9 of 1977

An Act to provide for the taking of evidence within or without Malawi in relation to proceedings pending before courts within or without Malawi, for the ascertainment of foreign laws, and for other purposes connected therewith

[28TH JULY 1967]

1.   Short title

   This Act may be cited as the Evidence by Commissions Act.

PART I
EVIDENCE BY COMMISSIONS OUTSIDE MALAWI

2.   Evidence in civil proceedings

   Where in any civil proceedings in any court in Malawi, an order for the examination of any witness has been made and a commission, order or other request for the examination of such witness has been addressed to any court of competent jurisdiction outside Malawi, such latter court or the chief judge thereof may nominate some fit person to take the examination, and any deposition or examination taken before an examiner so nominated shall be admissible in evidence to the same extent as if it had been taken by or before the court to which the commission, order or request was addressed.

3.   Evidence in criminal proceedings

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