Convicted Persons (Employment on Public Work) Act (Chapter 9:03)
Malawi
Convicted Persons (Employment on Public Work) Act
Chapter 9:03
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Commenced on 28 May 1954
- [This is the version of this document at 31 December 2014 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi (L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
This Act may be cited as the Convicted Persons (Employment on Public Work) Act. In this Act, unless the context otherwise requires—“court” means a subordinate court and includes a Traditional Court to the extent to which it is empowered under the Traditional Courts Act to make an order to perform public work.[Cap. 3:01] A person ordered by a court to perform public work shall—(a)work for a period not exceeding eight hours each day (excluding Sundays and public holidays) on such work as shall be allotted to him by the District Commissioner of the District in which such person was convicted or by any person authorized by such District Commissioner in that behalf;(b)reside in such place as the District Commissioner shall direct, or, if the court so orders, in a camp. Where sentence of fine or imprisonment or an order to perform public work comes before the High Court on appeal or in exercise of its powers of revision, the High Court may alter any sentence of fine or imprisonment to an order to perform public work, or an order to perform public work to a sentence of fine or imprisonment. The Minister may make Rules—(a)prescribing the nature of the public work to be performed under this Act;(b)establishing camps in which persons ordered to perform public work may be required to reside;(c)prescribing the manner in which persons ordered to perform public work shall be supervised;(d)prescribing anything which, under this Act, may be or is to be prescribed;(e)generally for the better carrying into effect of this Act. Any rules made under the Convicted persons (Employment on Work) Ordinance, l946 (now repealed) and in force at the time of the coming into operation of this Act shall be deemed to have been made under this Act and shall continue in force until other Rules shall be made by virtue of this Act.[22 of 1946]1. Short title
2. Interpretation
3. Power or court to order persons to perform public work
4. Payment of fine either in full or in part
5. Duties of persons ordered to perform public work
6. Penalty for failure to comply with an order to perform public work
7. Revision and appeal
8. Rules
9. Savings