BULLETIN 2019 - NUMBER OF ACTS ENACTED - 32

NEW LEGISLATION

1. OPEC FUND FOR INTERNATIONAL DEVELOPMENT (NKHATA BAY TOWN WATER SUPPLY AND SANITATION PROJECT) LOAN (AUTHORIZATION) ACT (ACT 2 OF 2019)

An Act to authorize the Government to borrow from the OPEC Fund for International Development a Loan in the amount of twelve million United States Dollars (US$12,000,000).

Date of Commencement: 15th February, 2019.

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2. RESERVE BANK OF MALAWI ACT (ACT 3 OF 2019)

An Act for the establishment of the Reserve Bank of Malawi to formulate and implement price and financial stability policies; to confer and impose on the Reserve Bank of Malawi certain functions and powers; to provide for matters related to banking, currency and coinage; and for matters connected therewith and incidental thereto.

Date of Commencement: 1st April, 2019.

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3. AFRICAN DEVELOPMENT FUND (SHIRE VALLEY TRANSFORMATION PROGRAMME-PHASE I) LOAN (AUTHORIZATION) ACT (ACT 4 OF 2019)

An Act to authorize the Malawi Government to borrow from the African Development Fund, sums of money in various convertible currencies, not exceeding in the aggregate, the equivalent of twenty million Units of Accounts (UA20,000,000).

Date of Commencement: 15th February, 2019.

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4. NIGERIA TRUST FUND (SHIRE VALLEY TRANSFORMATION PROGRAMME-PHASE I) LOAN (AUTHORIZATION) ACT (ACT 5 OF 2019)

An Act to authorize the Malawi Government to borrow from the Nigeria Trust Fund, sums of money in various convertible currencies, not exceeding in the aggregate, the equivalent of six million, four hundred and seventy thousand United States Dollars (USD6,470,000).

Date of Commencement: 15th February, 2019.

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5. INDUSTRIAL AND COMMERCIAL BANK OF CHINA (LAST MILE CONNECTIVITY RURAL AREA AND NATIONAL DATA CENTRE PROJECT) LOAN (AUTHORIZATION) (REPEAL) ACT (ACT 6 OF 2019)

An Act to repeal the Industrial and Commercial Bank of China (Last Mile Connectivity Rural Area and National Data Centre Project) Loan (Authorization) Act.

Date of Commencement: 15th February, 2019.

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6. CHINA CONSTRUCTION BANK CORPORATION (LAST MILE CONNECTIVITY RURAL AREA AND NATIONAL DATA CENTRE PROJECT) LOAN (AUTHORIZATION) ACT (ACT 7 OF 2019)

An Act to authorize Government to borrow from the China Construction Bank Corporation sums of money in the equivalent of fifty-six million, nine hundred and eight thousand five hundred and ninety-six United States Dollars and fifty Cents (US$ 56,908,596.50).

Date of Commencement: 15th February, 2019.

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7. MINES AND MINERALS ACT (ACT 8 OF 2019)

An Act to make provision with respect to searching for and mining of minerals; and to provide for matters connected therewith and incidental thereto.

Date of Commencement: 1st September, 2019.

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8. PHARMACY AND MEDICINES REGULATORY AUTHORITY ACT (ACT 9 OF 2019)

An Act to establish the Pharmacy and Medicines Regulatory Authority; provide for the functions and powers of the Authority; and to provide for matters connected therewith and incidental thereto.

Date of Commencement: 1st October, 2019.

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9. TOBACCO INDUSTRY ACT (ACT 10 OF 2019)

An Act to provide for the regulation, promotion and development of the tobacco industry in Malawi; to provide for the establishment of the Tobacco Commission; and to provide for matters incidental thereto.

Date of Commencement: 22nd February, 2019.

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10. NATIONAL CHILDREN'S COMMISSION ACT (ACT 12 OF 2019)

An Act to establish the National Children’s Commission and to provide for matters incidental thereto and connected therewith.

Date of Commencement: On Notice.

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11. MALAWI ENGINEERING INSTITUTION ACT (ACT 13 OF 2019)

An Act to establish the Malawi Engineering Institution as the authority of the engineering profession for qualifications, registration and discipline; establishment of the Malawi Engineering Institution and the Engineering Registration Council; to provide for the regulation, registration, promotion and development of the profession of engineering in Malawi; and to provide for matters connected therewith and incidental thereto.

Date of Commencement: On Notice.

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12. INTERNATIONAL DEVELOPMENT ASSOCIATION (INVESTING IN EARLY YEARS FOR GROWTH AND PRODUCTIVITY IN MALAWI PROJECT) (AUTHORIZATION) ACT (ACT 14 OF 2019)

An Act to authorize the Government to obtain from the International Development Association a grant in an amount equivalent to thirty-five million nine hundred thousand Special Drawing Rights (SDR35,900,000).

Date of Commencement: 3rd May, 2019.

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13. OPEC FUND FOR INTERNATIONAL DEVELOPMENT (SHIRE VALLEY TRANSFORMATION PROGRAMME-PHASE I) LOAN (AUTHORIZATION) ACT (ACT 15 OF 2019)

An Act to authorize the Government of the Republic of Malawi to borrow from the OPEC Fund for International Development (OFID), an amount of fifteen million United States Dollars (US$15,000,000) to finance the first phase of the Shire Valley Transformation Program.

Date of Commencement: 3rd May, 2019.

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14. EXIM BANK OF INDIA (DRINKING WATER SUPPLY SCHEMES, CONSTRUCTION OF A NEW WATER INTAKE ON THE SHIRE RIVER, CONSTRUCTION OF A 50 MEGAWATT SOLAR POWER PLANT AND REPLACEMENT OF WATER DISTRIBUTION PIPES PROJECT) LOAN (AUTHORIZATION) ACT (ACT 17 OF 2019)

An Act to authorize the Malawi Government to borrow from the Exim Bank of India, sums of money in the equivalent of two hundred fifteen million six hundred eighty thousand United States Dollars (US$215,680,000).

Date of Commencement: 3rd May, 2019.

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15. UNIVERSITY OF MALAWI ACT (ACT 18 OF 2019)

An Act to repeal the University of Malawi Act and provide for the re-establishment, conduct and management of the University of Malawi; and for matters incidental thereto and connected therewith.

Date of Commencement: On Notice.

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16. MALAWI UNIVERSITY OF BUSINESS AND APPLIED SCIENCES ACT (ACT 19 OF 2019)

An Act to provide for the establishment, conduct and management of the Malawi University of Business and Applied Sciences; and for matters incidental thereto and connected therewith.

Date of Commencement: On Notice.

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17. KAMUZU UNIVERSITY OF HEALTH SCIENCES ACT (ACT 20 OF 2019)

An Act to provide for the establishment, conduct and management of the Kamuzu University of Health Sciences; and for matters incidental thereto and connected therewith.

Date of Commencement: On Notice.

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18 EUROPEAN INVESTMENT BANK (MALAWI M1 ROAD REHABILITATION PROJECT) LOAN (AUTHORIZATION) ACT (ACT 21 OF 2019)

An Act to authorize the Malawi Government to borrow from the European Investment Bank, the sum of eighty million Euros (EUR 80,000,000).

Date of Commencement: 3rd May, 2019.

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19. INTERNATIONAL DEVELOPMENT ASSOCIATION (EQUITY WITH QUALITY AND LEARNING AT SECONDARY PROJECT) LOAN (AUTHORIZATION) ACT (ACT 22 OF 2019)

An Act to authorize the Malawi Government to borrow from the International Development Association, an amount equivalent to sixty-four million eight hundred thousand Special Drawing Rights (SDR64,800,000) to finance the Equity with Quality and Learning at Secondary Project.

Date of Commencement: 16th August, 2019.

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20. INTERNATIONAL DEVELOPMENT ASSOCIATION (MALAWI ELECTRICITY ACCESS PROJECT) LOAN (AUTHORIZATION) ACT (ACT 23 OF 2019)

An Act to authorize the Government of the Republic of Malawi to borrow and receive from International Development Association (IDA), the equivalent of one hundred and fifty million one hundred and sixteen thousand United States Dollars (US$ 150,116,000).

Date of Commencement: 22nd November, 2019.

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21. AFRICAN DEVELOPMENT FUND MULTINATIONAL NCALA ROAD CORRIDOR DEVELOPMENT PROJECT, PHASE V) LOAN (AUTHORIZATION) ACT (ACT 24 OF 2019)

An Act to authorize the Malawi Government to borrow from the African Development Fund, sums of money in various convertible currencies, not exceeding the equivalent of twenty-six million six hundred thousand Units of Account (UA 26,600, 000).

Date of Commencement: 22nd November, 2019.

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22. EUROPEAN INVESTMENT BANK (ADDITIONAL FINANCING FOR MALAWI M1 ROAD REHABILITATION PROJECT) LOAN (AUTHORIZATION) ACT (ACT 25 OF 2019)

An Act to authorize the Malawi Government to borrow from the European Investment Bank, an additional sum of fifteen million five hundred thousand euros (EUR 15,500, 000).

Date of Commencement: 22nd November, 2019.

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23. SUPPLEMENTARY APPROPRIATION (2018/2019) ACT (ACT 26 OF 2019)

An Act to appropriate the additional sum of twenty-one billion, eight hundred eighteen million, five hundred seventy-two thousand, and fifty-six Kwacha to the services of the financial year ending 30th June, 2019.

Date of Commencement: 22nd November, 2019.

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24. APPROPRIATION ACT (ACT 27 OF 2019)

An Act to appropriate the sum of one trillion, seven hundred thirty-seven billion, two hundred and three million, eight hundred eighty-nine thousand, eight hundred and four Kwacha to the goods and services of the financial year ending 30th June, 2020.

Date of Commencement: 22nd November, 2019.

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25. INTERNATIONAL DEVELOPMENT ASSOCIATION (MOZAMBIQUE-MALAWI REGIONAL INTERCONNECTOR PROJECT) LOAN (AUTHORIZATION) ACT (ACT 29 OF 2019)

An Act to authorize the Government of Malawi to borrow from the International Development Association, sums of money in various convertible currencies, not exceeding the aggregate, the equivalent to eleven million Special Drawing Rights (SDR 11,000,000).

Date of Commencement: 22nd November, 2019.

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26. AFRICAN DEVELOPMENT FUND (SUSTAINABLE FISHERIES, AQUACULTURE DEVELOPMENT AND WATERSHED MANAGEMENT PROJECT) LOAN (AUTHORIZATION) ACT (ACT 30 OF 2019)

An Act to authorize the Government of Malawi to borrow from the African Development Fund, sums of money in various convertible currencies, not exceeding the equivalent of six million five hundred and ten thousand Units of Account (UA 6,510,000).

Date of Commencement: 22nd November, 2019.

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AMENDING LEGISLATION

1. CORRUPT PRACTICES (AMENDMENT) ACT (ACT 1 OF 2019)

An Act to amend the Corrupt Practices Act.

Date of Commencement: 15th February, 2019.

Subs: s 6.

Inserts: ss 6A and 6B.

See: Corrupt Practices Act.

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2. MALAWI CITIZENSHIP (AMENDMENT) ACT (ACT 11 OF 2019)

An Act to amend the Malawi Citizenship Act.

Date of Commencement: 22nd February, 2019.

Subs: ss 6 and 7.

Inserts: Seventh Schedule.

Repeals: ss 8, 9, 10 and 11.

See: Malawi Citizenship Act.

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3. APPROPRIATION (2018/19) (AMENDMENT) ACT (ACT 16 OF 2019)

An Act to amend the Appropriation Act, 2018.

Date of Commencement: 3rd May, 2019.

Subs: Schedule.

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4. CUSTOMS AND EXCISE (AMENDMENT) ACT (ACT 28 OF 2019)

An Act to amend the Customs and Excise Act.

Date of Commencement: 22nd November, 2019.

Amends: ss 6, 65, 82, 83, 143, 155 and Part XVI Title.

Inserts: ss 131A, 131B, 131C, 131D, 131E, 131F, 131G, 131H, 131I and 131J.

Subs: s 167.

See: Customs and Excise Act.

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5. TAXATION (AMENDMENT) ACT (ACT 31 OF 2019)

An Act to amend the Taxation Act.

Date of Commencement: 22nd November, 2019.

Amends: s 112.

Inserts: ss 36C and 91B.

Subs: ss 36A, 102A, Eleventh Schedule and Fourteenth Schedule.

See: Taxation Act.

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6. VALUE ADDED TAX (AMENDMENT) ACT (ACT 32 OF 2019)

An Act to amend the Value Added Tax Act.

Date of Commencement: 22nd November, 2019.

Amends: s 63, First Schedule and Second Schedule.

Subs: s 64.

See: Value Added Tax Act.

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