Malawi
Commissions of Inquiry Act
Chapter 18:01
- Commenced on 27 March 1914
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short title
This Act may be cited as the Commissions of Inquiry Act.2. Power to issue Commissions of inquiry into matters of public nature, etc.
Particulars of Commissions
3. Power to appoint fresh Commissioners and to alter and revoke Commissions
In case any Commissioner shall be or become unable or unwilling to act or shall die, the President may appoint another Commissioner in his place; and any Commission issued under this Act may be altered as the President may deem fit by any subsequent Commission issued by the President, or may be revoked altogether by a notification to that effect published in the Gazette.4. Commissions not affected by change of President
No Commission issued under this Act shall lapse by reason of, or be otherwise affected by, the absence of the President issuing the same, or by his ceasing to hold office whether as a result of his death or for any other reason.5. As to oath of office by Commissioners
It shall be the duty of the Commissioner appointed under this Act to make and subscribe an oath or affirmation in the form in the Schedule, which oath or affirmation may be taken before the President, or before such person as the President may appoint and shall be deposited by the Commissioner with the Registrar of the High Court.6. Power to appoint Secretary— his duties
The President may appoint a Secretary to attend the sittings of the Commission, to record their proceedings, to keep their papers, summon witnesses and minute their testimony, and generally to perform such duties connected with such inquiry as the Commissioners shall prescribe.7. Duties of Commissioners defined
It shall be the duty of the Commissioners, after taking such oath or making such affirmation, to make a full, faithful, and impartial inquiry into the matter specified in the Commission, to conduct such inquiry in accordance with the directions (if any) contained therein; to report in due course to the President, in writing, the result of such inquiry, and also, if required, to furnish to the President a full statement of the proceedings of the Commission, and of the reasons leading to the conclusions arrived at or reported.8. Division of opinion of Commissioners
If the Commissioners shall, in any case, be equally divided on any question that arises during the proceedings of the Commission, the Chairman of the Commission shall have a second or casting vote.9. Commissioners’ power to regulate proceedings
The Commissioners acting under this Act may make such rules for their own guidance, and the conduct and management of proceedings before them, and as to the times and places for their sittings, not inconsistent with their Commission, as they may from time to time think fit, and may from time to time adjourn for such time and to such place as they may think fit, subject only to the terms of their Commission.10. Power to summon and examine witnesses and privilege of Commissioners from suit
The Commissioners acting under this Act shall have the powers of the High Court to summon witnesses, and to call for the production of books, plans and documents and to examine witnesses, and parties concerned on oath, and no Commissioner shall be liable to any action or suit for any matter or thing done by him as such Commissioner. All summonses for the attendance of witnesses or other persons or the production of documents may be in the form given in the Schedule, and shall be signed by one of the Commissioners, and oaths and affirmations may be administered by one of the Commissioners or by their Secretary.11. False evidence
Any witness who shall wilfully give false evidence in any such inquiry concerning the subject matter of such inquiry shall be guilty of perjury, and be liable to be prosecuted and punished accordingly.12. Duty of witnesses summoned:
Expenses of witnesses
Penalty for contumacy, insult or interruption of proceedings
13. Appearance of legal practitioner
Any person whose conduct is the subject of inquiry under this Act, or who is in any way implicated or concerned in the matter under inquiry, shall be entitled to be represented by a legal practitioner at the whole of the inquiry, and any other person who may consider it desirable that he should be so represented may, by leave of the Commission, be represented in manner aforesaid.14. Commissions, etc., to be published in Gazette
Every Commission under this Act, and all alterations thereof or revocation of such Commission, shall be published in the Gazette, and shall take effect from the date of such publication.15. As to proceedings for penalties
No proceedings shall be commenced for any penalty under this Act except by the direction of the Director of Public Prosecutions.History of this document
31 December 2014 this version
Consolidation
27 March 1914
Commenced