Restriction and Security Orders Act
- Commenced on 1 November 1954
- [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 titleThis Act may be cited as the Restriction and Security Orders Act.
2. InterpretationIn this Act, unless the context otherwise requires—“convicted person” means a person in respect of whom any court certifies to the Minister that he has been convicted, either by that court or by any inferior court from which bis case has been brought by way of appeal, of any offence punishable with imprisonment otherwise than only in default of payment of a fine;“judge” means a Judge of the High Court;“magistrate” means, subject to section 6 (2) and (3), a person appointed to be a magistrate for the purpose of this Act under section 21;“person charged” means a person in respect of whom it is alleged that there are grounds for making a restriction order or security order under this Act and includes a person in respect of whom such an order has been made;“restriction order” means an order prohibiting the person in respect of whom it is made from entering or from leaving an area within Malawi without the consent of the officer specified in the order;“security order” means an order requiring the person in respect of whom it is made to give security in two or more sureties in such amount and for such time as may be therein specified to keep the peace and to be of good behaviour, or for indemnifying public funds for all costs, charges and expenses incurred in his regard, or for both such purposes, as may be appropriate in the case;“undesirable person” means a person who is or has been conducting himself so as to be dangerous to peace, good order, good government or public morals, or who is or has been attempting, or conducting himself in a manner calculated, to raise discontent or disaffection among the citizens or the inhabitants of Malawi, or to promote feelings of ill-will and hostility between different races or classes of the population of Malawi.
3. Power to make restriction ordersSubject to this Act, the Minister may, if he thinks fit, make a restriction order in respect of any person who is—
4. Power to make security orders
5. Procedure for making ordersExcept where a court has, in accordance with this Act, given a certificate recommending that an order should be made, no restriction order or security order shall be made under this Act except where a judge or magistrate has, in accordance with section 7, made a report on the case and the Minister is satisfied, having regard to the findings of fact and any conclusions of law as stated in the report, that such order may lawfully be made.
6. Service of notice and arrest
7. Powers of judges or magistrates
8. Detention in custody pending decisionWhere a judge, magistrate or a court recommends the making of a restriction order or security order on the grounds that the person charged is an undesirable person or a convicted person, the person charged may, if the judge, magistrate or court, as the case may be, shall so order, be detained in such manner as the judge, magistrate or court may direct pending the decision of the Minister for a period not exceeding twenty-eight days, and shall be deemed to be in lawful custody while so detained.
9. Contents of orders
10. Execution of orders
12. Persons undergoing sentenceIf a person in respect of whom a security order or restriction order is made under this Act has been sentenced to any term of imprisonment, such sentence shall be served before the order is carried into effect unless the Minister otherwise directs.
13. Revocation and variation of orders
14. Penalties for breach of order
15. Penalty for harbouringAny person who, without lawful excuse, knowingly harbours or conceals any person who—
16. Institution of proceedingsNo proceedings shall be instituted under this Act except by the Director of Public Prosecutions or with his previous sanction in writing.
17. EvidenceIn any proceedings under this Act—
18. Minister may make orders in relation to persons subject to restriction orders
19. Arrest without warrantAny police officer may arrest without a warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this Act.
21. Appointment of magistratesThe Minister may, by notice published in the Gazette or by writing under his hand, appoint any Resident Magistrate to be a magistrate for the purposes of this Act.
History of this document
01 November 1954