LOCAL COURTS

 

 

CHAPTER 3:03

Containing Pages 1–21

 

CHAPTER 3:03

LOCAL COURTS

ARRANGEMENT OF SECTIONS

SECTION

Part I

Preliminary

1. Short title

2. Interpretation

3. Substantial justice to be done without undue regard to technicalities

Part II

Establishment and Constitution of Local Courts

4. Establishment of Local Courts

5. Composition of Local Courts

6. Qualification of Chairperson

7. Assessors

8. Functions and duties of assessors

9. General Jurisdiction

10. Places and times of sittings of Local Courts

11. Laws to be administered

12. Court staff

13. Records to be kept

14. Seals

Part III

Practice and Procedure

15. Practice and Procedure

16. Language of Court

17. General supervisory powers of District Appeals Local Courts

Part IV

Civil Jurisdiction

18. Civil jurisdiction of Local Courts

19. Awards in cases of a civil nature

20. Enforcement of awards

21. Offences relating to execution of sale orders and transfer orders

Part V

Criminal Jurisdiction

22. Criminal jurisdiction of Local Courts

23. Orders in cases of a criminal nature

24. Power to release and caution by Local Courts

25. Promotion of reconciliation

26. Suspension of sentence

SECTION

27. Sentences which a Local Court may pass

28. Committal of case to a magistrate court for sentencing

29. Compensation to injured or aggrieved person

30. Compensation not to preclude civil suit

31. Willful refusal to pay compensation

32. Places of imprisonment

PART VI

General Powers of Local Courts

33. Power to summon witnesses

34. Power to summon witnesses outside area of jurisdiction

35. Power to transfer case to another Local Court before inquiry or trial, etc

36. Power to transfer case to a magistrate court and proceedings on transfer

37. Power of remand in criminal cases

38. Execution of orders of High Court, subordinate Courts or other Local Courts

PART VII

Miscellaneous

39. Contempt of court

40. Representation of parties

41. Appeals

42. Stay of execution and admission to bail pending appeal

43. Power on appeal

44. Indemnity of certain persons

45. Penalty for false evidence

46. Rules

47. Repeals and savings

FIRST SCHEDULE

SECOND SCHEDULE

 

 

CHAPTER 3:03

LOCAL COURTS

9 of 2011

G.N. 47/2017

An Act to make provision for the establishment and constitution of Local Courts, the jurisdiction thereof, the procedure therein and for the proper administration of justice by such courts

[25th August, 2017]

PART I

Preliminary

Short title

1. This Act may be cited as the Local Courts Act.

Interpretation

2. In this Act, unless the context otherwise requires—

“assessor” means a person appointed in accordance with section 7;

“Chairperson” means the chairperson of a Local Court appointed in accordance with section 5;

“language of the court” means the language or languages approved by the Chief Justice, in writing, as the language or languages in which the proceedings may be held;

“Local Court” means a court established under this Act and includes a District Appeals Local Court;

“witness” includes a complainant and an accused who gives evidence.

Substantial justice to be done without undue regard to technicalities

 

3. No proceedings in a Local Court and no summons, warrant, process, order or decree issued or made thereby shall be varied or declared void upon appeal by reason of any defect in procedure or want of form, and every court exercising appellate powers under this Act shall decide all matters according to substantial justice without undue regard to technicalities.

PART II

Establishment and Constitution of Local Courts

Establishment of Local Courts

 

4. There are hereby established the following Local Courts, subordinate to the High Court—

(a) the District Appeals Local Courts which shall be appellate courts established in each district; and

(b) Local Courts established in such places in each district as the Chief Justice may determine.

Composition of Local Courts

 

5.—(1) A District Appeals Local Court or a Local Court shall be presided over by a Chairperson who shall be appointed by the Chief Justice on the recommendation of the Judicial Service
Commission.

(2) The Chairperson may sit with at least two assessors selected from a panel of assessors appointed in accordance with section 7.

Qualification of
Chairperson

6. A person shall not qualify to be a Chairperson of a District Appeals Local Court or a Local Court unless that person—

(a) has attained the age of thirty-five years;

(b) is in possession of a Malaŵi School Certificate of Education or its equivalent;

(c) has adequate knowledge of the customary law of the area;

(d) has adequate command of the language of the Court;

(e) is proficient in English language;

(f) has no criminal record involving dishonesty or moral turpitude; and

(g) is otherwise a fit and proper person.

Assessors

 

7.—(1) In respect of every Local Court, the Registrar shall appoint a panel of assessors consisting of persons who are qualified to be assessors, and such appointment shall be on recommendation from the District Resident Magistrate.

(2) A person shall not qualify to be appointed as an assessor of a Local Court unless that person—

(a) has attained the age of fifty years;

(b) is able to read and write;

(c) has adequate knowledge of customary law of the area;

(d) has adequate command of the language of the Local Court;

(e) has no criminal record involving dishonesty or moral turpitude;

(f) is non partisan; and

(g) is otherwise a fit and proper person.

(3) The Registrar may, from time to time, in accordance with
such directions as may be given by the Chief Justice, vary the composition of any panel of assessors appointed by him or her under this section.

Functions and duties of assessors

 

8.—(1) The functions and duties of assessors shall include—

(a) advising the court in civil matters at customary law on any point or points, but such advice shall not be binding on the court; and

(b) monitoring seizure of property pursuant to a sale order or transfer order issued under this Act.

(2) An assessor shall attend the court to which he or she is appointed on such days and for such periods as the Chairperson shall, from time to time, direct.

General jurisdiction

 

9. Subject to this Act or any other written law for the time being in force a Local Court shall have, and may exercise, jurisdiction within the area of its locality.

Places and times of sitting of Local Courts

 

10. The sittings of Local Courts shall ordinarily be held in
such places as the Chief Justice may direct in the local jurisdiction of such courts, at such times as the Chairperson convening the
court may deem most adapted to facilitate the business of the court.

Laws to be administered

 

11. Subject to this Act, a Local Court shall administer—

(a) the customary law prevailing in the jurisdiction or the court so far as it is not inconsistent with the Constitution or any written law in force in Malaŵi;

(b) the provisions of any Act which the court is by or under such Act authorized to administer; and

(c) the provisions of all rules, orders, regulations or by-laws made under the

Cap. 22:01

 

Local Government Act and in force in the area of jurisdiction of the court:

Provided that—

(a) no criminal proceedings shall be taken and no criminal penalty imposed otherwise than in respect of an offence constituted under an Act or under any rule, regulation, order or by-law made thereunder; and

(b) due regard shall be given to the provisions of the Constitution in applying any customary or statutory law.

Court staff

 

12.—(1) The Chief Justice may appoint or authorize the appointment of suitable persons as court clerks and other officers of any Local Court.

(2) Subject to the

Cap. 3:10

 

Judicature Administration Act and any rules made thereunder, the Chief Justice may terminate or authorize the termination of any appointment made under this section.

Records
to be kept

 

13. Local Courts shall keep written records and furnish returns of cases tried by them to the District Appeals Local Court in such manner as the Chief Justice may from time to time direct.

Seals

 

14. Local Courts shall use seals of such nature and patterns as the Chief Justice may direct.

PART III

Practice and Procedure

Practice
and procedure

 

15. The practice and procedure of Local Courts shall be in accordance with this Act and any rules made thereunder:

Provided that if this Act or any rules made thereunder does not make provision for any particular point of practice and procedure then the practice and procedure of Local Courts shall be—

(a) in relation to criminal matters, in accordance with the

Cap. 8:01

 

Criminal Procedure and Evidence Code; and

(b) in relation to civil matters, as nearly as may be in
accordance with the practice for the time being observed by magistrate courts.

Language
of Court

 

16.—(1) In any civil or criminal proceedings, a Local Court shall use the language of the Court as may be approved by the Chief Justice.

(2) Notwithstanding subsection (1) the Chairperson of the Local Court shall personally record the proceedings in the English language and shall record the evidence of the witnesses in the form of a narrative:

Provided that the Chairperson may, in his discretion, take down any particular question and answer.

General supervisory powers of District Appeals Local Courts

 

17.—(1) A District Appeals Local Court shall have general supervisory and reversionary jurisdiction over all Local Courts within its jurisdiction and may, in a particular District, but without prejudice to the generality of the foregoing provision, if it appears desirable in the interests of justice, either of its own motion or at the instance of any party or person interested at any stage in any matter or proceeding, whether civil or criminal, call for the record thereof and may remove the same into the District Appeals Local Court or may give such local Court such directions as to the further conduct of the same as justice may require.

(2) Upon the District Appeals Local Court calling for any record under subsection (1), the matter or proceeding in question shall be stayed in the Local Court pending the further order of the District Appeals Local Court.

PART IV

Civil Jurisdiction

Civil jurisdiction
of Local Courts

 

18.—(1) Subject to this Act or any other written law, Local Courts shall have and may exercise jurisdiction over civil cases at customary law.

(2) Notwithstanding subsection (1), no Local Court shall have jurisdiction to deal with, try or determine any civil case at customary law—

(a) whenever the title or ownership of customary land is in question;

(b) relating to inheritance of deceased property;

(c) wherein the guardianship or custody of infants is in question;

(d) relating to issues of witchcraft under the

Cap. 7:02

 

Witchcraft Act;

(e) relating to chieftaincy; and

(f) any other matter deemed to be outside the jurisdiction of the Local Courts.

Awards in cases of
a civil nature

 

19.—(1) A Local Court may in cases of a civil nature—

(a) award compensation which may include an amount
for costs and expenses inclined by a successful party or his witnesses;

(b) order the restitution of any property;

(c) order the specific performance of any contract at customary law; or

(d) make any other order which the justice of the case may require.

(2) An award of compensation or other order under subsection (1) may provide for—

(a) payment in money or in kind;

(b) the time or times for making payment or doing any other act;

(c) payment by installments; or

(d) any other manner of compliance therewith as the court may think just.

Enforcement of awards

 

20. In case of any default in the performance of, or compliance with an award or other order in accordance with the terms thereof, the court may order that—

(a) any property, referred to in an order for restitution or an order for specific performance of a contract or other order for delivery or transfer of property, may be seized and transferred to the person entitled to receive it;

(b) payment of any sum of money due be enforced by the seizure of any property belonging to the person ordered to make the payment and—

(i) by the sale thereof; or

(ii) the transfer thereof to the person entitled to receive the payment at a value fixed by the Court; and

(c) the payment of compensation in kind be enforced by the seizure of property of that kind belonging to the person ordered to pay the compensation and the transfer thereof to the person entitled to receive the compensation.

Offences relating to execution of sale orders or transfer orders

 

21.—(1) Any person who rescues, attempts to rescue or in any unauthorized manner deals with any goods seized in the execution of a sale order or transfer order commits an offence and shall, on conviction, be liable to a fine of K20,000 and to imprisonment for three months.

(2) Any person who willfully obstructs or resists any assessor, officer of court or a bailiff or any person assisting him with the execution of a sale order or transfer order issued under this Act commits an offence and shall on conviction be liable to a fine of K50,000 and imprisonment for six months.

(3) A bailiff or an officer of a court may arrest with or without warrant a person who commits or attempts to commit an offence under this section and shall bring the person arrested before any Local Court without delay.

PART V

Criminal Jurisdiction

Criminal jurisdiction of Local Courts

22. Subject to this Act or any other written law, a Local Court shall have and may exercise criminal jurisdiction in such minor offences under the

Cap. 7:01

 

Penal Code and in any other written law as prescribed in the

First Schedule

 

First Schedule.

Orders in cases of a criminal nature

 

23.—(1) Subject to this Act or any other written law, a Local Court may in cases of a criminal nature pass any of the following sentences—

(a) community service;

(b) fine not exceeding K5,000;

(c) payment of compensation;

(d) an order to keep peace and be of good behaviour;

(e) forfeiture, where it is provided for by an Act of Parliament; and

(f) imprisonment:

Provided that no sentence of imprisonment shall be imposed except in cases with aggravated circumstances or for repeat offenders and such sentence shall not exceed a maximum period of twelve months.

(2) A Local Court may pass any sentence combining any of the sentences specified in subsection (1) (a) to (c).

(3) A Local Court may impose a fine only where it is probable that the accused can afford to pay the fine and in such case the court may order that any fine which it shall impose shall be paid at such time or times or by such installments or in kind or otherwise as it shall think just.

(4) Where a Local Court makes an order for the payment of a fine, it shall have the power to direct by its sentence that in default of the payment of the fine the order should convert to community service as will satisfy the justice of the case.

(5) The order of community service imposed by a Local Court in default of payment of a fine shall terminate whenever the fine is paid.

(6) Where an order of community service is imposed by a Local Court in default of payment of a fine, that term shall, on the payment of a part of such sum, be proportionately reduced.

(7) When a person is convicted of any offence, a Local Court may, instead of passing sentence under subsection (1), order such person to enter into a bond, with or without sureties in such amount as the court thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed by the court, and sections 123, 125 and 341 of the

Cap. 8:01

 

Criminal Procedure and Evidence Code shall apply mutatis mutandis to any bond entered into under this section.

Power to release and caution by Local Court

 

24. Notwithstanding section 23, where in any trial a Local Court thinks that the charge is proved but is of the opinion that, having regard to the character, antecedents, age, health or mental condition of the accused, or to the trivial nature of the offence, or to the extenuating circumstances in which the offence was committed, it is inexpedient to inflict any punishment, the court may, without proceeding to conviction, make an order dismissing the charge, after such admonition or caution to the offender as the court sees fit.

Promotion of reconciliation

 

25. In case of common assault or any offence of a private nature not amounting to a felony, a Local Court may promote reconciliation and encourage an amicable settlement of the matter on payment of compensation or other terms approved by the Court and may thereupon order proceedings to be stayed or terminated.

Suspension
of sentence

 

26.—(1) Where a person is convicted before any Local Court for an offence, the court may pass a sentence of imprisonment, but, in its discretion order the operation of the whole or any part of the sentence to be suspended for a period not exceeding two years on such conditions, relating to compensation to be made by the offender for damage or pecuniary loss, or to good conduct, or to any other matter whatsoever, as the court may specify in the order.

(2) If the conditions of any order made under subsection (1)
are not fulfilled, the offender may upon the order of the trial court be arrested without warrant and brought before the said court to be committed to undergo the sentence of imprisonment originally imposed:

Provided that the said court may in its discretion grant an order further suspending the operation of the sentence subject to such conditions as might have been imposed at the time of the passing of the sentence.

Sentences which a Local Court may pass

 

27.—(1) The aggregate of any terms of consecutive sentences of imprisonment which a Local Court may impose on an offender shall not exceed two years.

(2) Where in a trial by a Local Court a person is convicted of an offence and if the court is of the opinion that greater punishment should be inflicted for the offence than it has power to inflict, the court may, for reasons to be recorded in writing on the record of the case, instead of dealing with him in any other manner, commit him to an appropriate magistrate court for sentence.

(3) Any person committed to a magistrate court for sentence under this section shall be brought before the court to which he has been committed within a reasonable period of time.

(4) When a person is brought before a magistrate court for sentencing in accordance with subsection (3), the magistrate court shall inquire into the circumstances of the case and shall thereafter proceed as if such person had pleaded guilty before it of the offence in respect of which he has been committed.

Committal of case to a magistrate court for sentencing

 

28.—(1) Where in a trial by a Local Court a person is convicted of an offence, if the court is of the opinion that greater punishment should be inflicted for the offence than it has power to inflict, the court may, for reasons to be recorded in writing on the record of the case, instead of dealing with him or her in any other manner, commit him or her to an appropriate magistrate court for
sentencing.

(2) Any person committed to a magistrate court for sentence under this section shall be brought before the court to which he or she has been committed within a reasonable period of time.

(3) When a person is brought before a magistrate court for sentencing in accordance with subsection (1), the magistrate court shall inquire into the circumstances of the case and shall thereafter proceed as if such person had pleaded guilty before it of the offence in respect of which he or she has been committed.

Compensation to injured or aggrieved person

 

29.—(1) A Local Court may, where it convicts any person, adjudge that such person pay reasonable compensation to, or to any member of the family of, any person injured by the act or omission in respect of which such conviction was made in addition to any other punishment which the court may impose.

(2) Any compensation awarded by a Local Court under this section may be ordered to be paid at such time or times or by such installments as it shall think just.

(3) Where a convicted person defaults in the payment of any compensation or any installments of the same when due, the court may order that the amount of the compensation or the installment, as the ease may be shall be levied by the sale of any property belonging to the convicted person.

Compensation not to preclude civil suit

 

30.—(1) Where a local court adjudges that a convicted person pay reasonable compensation to, or to any member of the family of, any person injured by the act or omission in respect of which such conviction was made, no person in whose favour such compensation was made shall be precluded from having or maintaining any suit for the recovery of damage for loss or injury sustained by him or her by reason of such act or omission.

(2) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid as compensation under this section.

Willful refusal to pay compensation

 

31. Any person subject to the jurisdiction of a Local Court who without lawful excuse and having the means to pay any compensation awarded against him refuses or willfully fails to make such payment after due notice commits an offence and shall, on conviction, be liable to a fine of K20,000 and to imprisonment for three months.

Places of imprisonment

 

32. Any person sentenced by a Local Court to imprisonment or taken in the execution of the process of such Court shall be detained in a place authorized under the

Cap. 9:02

 

Prisons Act as a prison for the purposes of that Act.

PART VI

General Powers of Local Courts

Power to summon witnesses

 

33.—(1) Every Local Court shall have power to summon before the court any person within the jurisdiction of the court for the purpose of giving evidence.

(2) Any person who without reasonable excuse fails to obey summons lawfully issued under this section may be arrested and brought before the court and shall be liable to a fine of K20,000 and to imprisonment for three months.

Power to summon witness outside
area of jurisdiction

 

34. Every Local Court shall have power to summon any person outside the area of jurisdiction of such court when the appearance of any such person shall be required as a witness in any proceedings within the jurisdiction of such court.

Power to transfer case to another Local Court before inquiry or trial, etc

 

35.—(1) Where a person appears before a Local Court, the Local Court—

(a) shall, if satisfied that it has no jurisdiction to try or inquire into the case; or

(b) may, if it is of the opinion that the case should be tried by or inquired into by another Local Court, direct that the case be adjourned and transferred to any Local Court which is competent to try or inquire into the case.

Power to transfer case to a magistrate court and proceedings on transfer

 

36.—(1) A Local Court shall have power to transfer a case to a magistrate court for trial or retrial.

(2) Where a case is transferred to a magistrate court pursuant to subsection (1), the Local Court shall send a report of the proceedings to the magistrate court, and thereupon the magistrate court shall proceed to the trial or retrial of the case as though—

(a) in a criminal proceeding, a charge outlining the acts constituting the offence had been presented to the court; and

(b) in a civil proceeding, a complaint had been filed in the court.

Power of remand in criminal cases

 

37.—(1) Where a person is arrested for any criminal offence and taken into custody, whether with or without warrant, within the local limits or jurisdiction or a Local Court, then, notwithstanding that the charge is not one which is within the competence of the Local Court concerned to hear and determine, such person may be brought before the Local Court concerned for remand.

(2) Upon any person being brought before a Local Court under subsection (1), the Local Court may order that the person
concerned—

(a) be remanded in custody and brought before a court of competent jurisdiction as soon as possible or on such date not exceeding forty-eight hours;

(b) be admitted to bail, subject to his appearance before a court of competent jurisdiction at such place and time as may be specified in such order.

(3) A Local Court making any order under subsection (2) shall forthwith send a copy of such order to the court before which the accused person is required thereunder to be brought or to appear.

Execution of orders of High Court, subordinate Courts, or other Local Courts

 

38.—(1) A Local Court shall carry into execution any decrees or orders of the High Court or of any subordinate court or of any other Court directed to such Local Court, and shall execute all other warrants, and serve all process issued by any such other courts and directed to the Local Court for execution or service and shall generally give such assistance to any such courts as may be required.

(2) Upon receipt of any decree, order, warrant or process under subsection (1), the Local Court shall enter such decree, order, warrant or process in its own records and enforce, execute or serve them as though they were issued originally by that Local Court.

PART VII

Miscellaneous

Contempt
of court

 

39.—(1) Any person subject to the jurisdiction of a Local Court who without lawful excuse—

(a) omits to produce or deliver up any document or thing on the order of such court and the court is satisfied that such person was able to deliver up such document or thing;

(b) intentionally insults the court; or

(c) intentionally interrupts the proceedings of the court, shall be guilty of contempt of court and shall be liable to a fine of K20,000 and to imprisonment for three months.

(3) Where any person is charged with contempt of court in the circumstances under subsection (1), the Local Court shall issue a summons in Form in the

Second Schedule

 

Second Schedule.

Representation of parties

 

40.—(1) Legal practitioners may appear or act for any party in any criminal matter before a Local Court.

(2) In any civil matter, a Local Court may permit the husband or wife or guardian or any servant or master of any plaintiff or defendant who shall give satisfactory proof that he or she has authority in that behalf to appear to act for such plaintiff or defendant.

Appeals

 

41.—(1) Any person aggrieved by any judgment in any proceedings, civil or criminal, before a Local Court may within thirty days of the delivery of such judgment appeal to a District Appeals Local Court.

(2) Any person aggrieved by any judgment of a District Appeals Local Court may, within thirty days of the delivery of such judgment, appeal to the High Court.

(3) Leave to appeal out of time under this section may be given by the court having power to hear the appeal.

Stay of execution and admission to bail pending appeal

 

42.—(1) Notice of intention to appeal in a criminal case shall not operate as a stay of execution of any sentence or order, but the court of first instance which passed the sentence or made the order or the District Appeals Local Court or High Court, as the case may be, may order that any such sentence or order be stayed pending the hearing of an appeal and, if the appellant is in custody, that he may be released on bail with or without sureties, pending such hearing.

(2) If the appeal is ultimately dismissed and an original sentence of imprisonment confirmed, or some other sentence of imprisonment substituted therefore, the time during which the appellant has been released on bail shall be excluded in computing the term of imprisonment to which he is finally sentenced.

Power on appeal

 

43. A District Appeals Local Court in the exercise of its appellate jurisdiction in any cause or matter under this Act may—

(a) make any such order or pass any such sentence as the court of first instance could have made or passed in such cause or matter; and

(b) order any such cause or matter to be retried before the court of first instance or before any other Local Court.

Indemnity
of certain persons

 

44.—(1) No person shall be liable to be sued in any court for any act done or ordered to be done by him or her in the exercise of jurisdiction conferred by this Act, whether or not within the limits of such jurisdiction, if at the time of such act or order he or she believed in good faith that he or she had jurisdiction to do such act or make such order.

(2) No officer of any Local Court or other person bound to execute lawful warrants or orders issued or made in the exercise of jurisdiction conferred by this Act shall be liable to be sued in any court for the execution of any warrant or order which he or she would be bound to execute, if the person issuing the same had been acting in the exercise of lawful authority.

Penalty
for false evidence

 

45. Any person who gives evidence in any proceedings before a Local Court, whether upon oath or otherwise, which he knows to be false, or believes to be false, or does not believe to be true, commits an offence and shall on conviction be liable to a fine of K50,000 and to imprisonment for twelve months.

Rules

 

46.—(1) The Chief Justice may make rules for carrying this Act into effect.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—

(a) the practice and procedure of Local Courts in their original and appellate jurisdiction;

(b) the procedure relating to the institution of criminal and civil proceedings;

(c) the practice relating to the arrest of accused persons;

(d) the practice relating to the remand of accused persons;

(e) the provisions relating to execution and attachment in cases of a criminal and civil nature;

(f) the fees to be charged in Local Courts;

(g) the disposal and application of fines and fees received in Local Courts;

(h) the empowering and requiring of Local Courts to enforce decrees, serve summonses and execute warrants made or issued by other Local Courts;

(i) the costs to be allowed in cases of a criminal or civil nature;

(j) the procedure regulating the institution of appeals;

(k) the records to be kept by Local Courts;

(l) the forms to be used; and

(m) the terms and conditions of service of Chairpersons, officers and staff of Local Courts, and the remuneration to be paid to assessors.

Repeals
and savings

Cap. 3:03

47.—(1) The Traditional Courts Act is hereby repealed.

(2) Any subsidiary legislation made under the Act repealed by subsection (1), in force immediately before the commencement of this Act—

(a) shall remain in force unless in conflict with this Act; and

(b) may be replaced, amended, or repealed by subsidiary legislation made under this Act.

 

 

s. 22

 

FIRST SCHEDULE

Jurisdiction of Grade A and Grade B, Local Courts

Penal Code (Cap. 7:01)

 

Section 47
(subsection (2) only)

Offences in relation to publications, importation of which is prohibited (whole).

Section 60

Publication of false news likely to cause fear and alarm to the public.

Section 81

Prohibition of carrying offensive weapons without lawful authority or reasonable excuse.

Section 84

Fighting in public.

Section 85

Challenging to fight a duel.

Section 88
(Subsections 1 (
a)
and 1 (
b) only)

Intimidation.

Section 107

Deceiving witnesses.

Section 108

Destroying evidence.

Section 113

Offences relating to judicial proceedings.

Section 115

Escape.

Section 116

Permitting prisoners to escape.

Section 118

Removal, etc., of property under lawful seizure.

Section 123

Disobedience of statutory duty.

Section 128

Disturbing religious assemblies.

Section 129

Trespassing on burial places.

Section 130

Writing or uttering words with intent to wound religious feelings.

Section 131

Hindering burial of dead body, etc.

Section 137
(subsection (3) only)

Insulting the modesty of a woman.

Section 166

Master not providing for servants or apprentices.

Section 168

Common nuisance.

Section 180

Idle and disorderly persons.

Section 181

Conduct likely to cause a breach of the peace.

Section 182

Use of insulting language.

Section 183

Nuisances by drunken persons, etc.

Section 184

Rogues and vagabonds.

Section 197

Fouling water.

Section 198

Fouling air.

Section 199

Offensive trades.

Section 248

Dealing in poisonous substances in negligent manner.

Section 249

Endangering safety of persons traveling by railway.

Section 252

Danger or obstruction in public way or line of navigation.

Section 253

Common assault.

Section 278

General punishment for theft. (as read with sections 270 to 277 inclusive):
Provided that the value of the thing stolen does not exceed K10,000.

Section 299

Unlawful use of vehicles, animals, etc.

Section 314

Criminal trespass.

Section 316

Unauthorized user of land and premises.

Section 321

Cheating:
Provided that the value of the thing obtained does not exceed K10,000.

Section 325

Pretending to tell fortunes.

Section 326

Obtaining registration, etc., by false pretence.

Section 327

False declaration for passport.

Section 328
(subsection (2) only
as read with
subsection (3))

Receiving property unlawfully obtained:
Provided that the value of the tiling received does not exceed K10,000.

Section 329

Person having in possession property suspected of being stolen.

Section 337

Arson, paragraphs (a), (b) and (c):
Provided that the value of the subject matter does not exceed K10,000.

Section 339

Setting fire to crops:
Provided that the value of such crops shall not exceed K10,000.

Section 344
(Subsection (1) only)

Malicious damage:
Provided that the value of the subject matter does not exceed K10,000.

Section 389

Personation in general.

Section 401

Attempts, provided that a person may only be tried for an attempt to commit an offence which the court has jurisdiction to hear.

Criminal Procedure and Evidence Code (Cap. 8:01)

Community Service Regulations.

Local Government Act (Cap. 22:01)

All by-laws made under the Act and in force within the area of the Court’s jurisdiction.

Public Health Act (Cap. 34:01)

Parts III, IV and V only.

Businesses Licensing Act (Cap. 46:01)

The whole Act.

Hide and Skin Trade Act (Cap. 50:02)

The whole Act
All rules made thereunder.

Liquor Act (Cap. 50:07)

The whole Act
All rules made thereunder.

Employment Act (Cap. 55:01)

Section 4

Prohibition against forced labour.

Section 21

Prohibition against child labour.

Section 22

Harzadous work.

Section 24

Offences under Part IV.

Section 52

Prohibition relating to payment of remuneration.

Section 66

Offences and penalties.

Forestry Act (Cap. 63:01)

The whole excepting sections 68, 70, 71, 73.

Plant Protection Act (Cap. 64:01)

Section 11 (d) excepting paragraph (1) (d)

Noxious Weeds Act (Cap. 64:02)

The whole Act.

Tobacco Act (Cap. 65:02)

The whole Act
All rules made thereunder.

Protection of Animals Act (Cap. 66:01)

The whole Act.

Control and Diseases of Animals Act (Cap. 66:02)

The whole Act
All regulations made thereunder.

Fisheries Conservation and Management Act (Cap. 66:05)

The whole Act
All rules made thereunder.

Road Traffic Act (Cap. 69:01)

All rules and regulations made thereunder.

 

s. 39

 

SECOND SCHEDULE

Form

Malaŵi

In the ......................................................................................... Local Court

Criminal Case No. ........................................ of 20.......

Republic

 

........................................................................................................................

versus

 

........................................................................................................................

[Insert name of accused.]

Criminal Summons for Contempt of Court

To: .................................................................................................................

[Insert address of accused.]

of ...................................................................................................................

[Insert place.]

You are ordered to come to the Court at .......................................................

[Insert day, date and time of hearing.]

...................................................... on ............................................................

[Insert document or thing not produced.]

day of ......................................., 20....... at ....................................... o’clock

in the *fore noon to answer a charge that you without lawful

after

excuse—

*omitted to produce or deliver up ............................................................. to

[Insert name of Court or person to whom document or thing was to be produced or name of person to whom compensation payable.]

.............................................................................. on the order of this Court

[Insert date of order of award.]

made on the ......................................... day of ............................, 20.......

[Insert date.]

*having the means to pay compensation awarded against you by this

Court on the ................................. day of ...................................., 20.......

[Insert date.]

have refused or neglected to pay such compensation and that you thereby committed an offence under section 20 of the Local Courts Act.

If you fail to come to Court you will be liable to arrest.

 

 

Seal

Date ......................................... ..............................................................
Chairperson

[*Delete whichever is not applicable.]