Legal Education and Legal Practitioners Act
- Commenced on 12 April 1965
- [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.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Legal Education and Legal Practitioners Act.
2. InterpretationIn this Act, unless the context otherwise requires—“Council” means the Council of Legal Education established by section 3;“Director” means the Director of the Institute;[25 of 2010]“Institute” means the Malawi Institute of Legal Education under Part IIA;[25 of 2010]“legal practitioner” mean a person who has been admitted to practise the profession of the law before the High Court, or before any court subordinate thereto, and whose name has been inscribed upon the Roll;“Malawi Law Examination" means the examination in the local laws, practice and procedure of Malawi to be set by the Council from time to time in accordance with section 10;“Registrar” means the Registrar of the High Court;“Roll” means the Roll of Legal Practitioners maintained by the Registrar on which is inscribed the name of every person admitted to practise as a legal practitioner, and, save for the purposes of subsections (4) and (5) of section 11, includes the Supplementary Roll;“Supplementary Roll” means the Roll opened under subsection (4) of section 11.[26 of 1990]
Part II – The Malawi Council of Legal Education
3. Establishment of Council of Legal EducationThere is hereby established a Council of Legal Education which shall be a body corporate to be styled “the Malawi Council of Legal Education”, with perpetual succession and a common seal, with power to hold land and to sue and be sued in its corporate name.
4. Functions of the CouncilThe functions of the Council shall be—
5. Members of the CouncilThe Council shall consist of the Chief Justice of Malawi, who shall be chairman of the Council, and the following other members, that is to say—
6. Tenure of membersAny person appointed to the Council shall hold office as a member of the Council for such period not exceeding four years as may be specified in his instrument of appointment unless he sooner resigns, or is removed from office, or ceases to have the qualification necessary as a prerequisite to appointment. At the conclusion of any person’s term of office, he shall be eligible for reappointment.
7. Procedure of CouncilThe quorum of the Council shall be five, and the Council may regulate its own procedure; and the validity of any of the proceedings of the Council shall not be affected by any vacancy in the membership of the Council or by any defect in the appointment of a member, or by reason that a person not entitled to do so took part in any proceedings.
8. Powers of CouncilThe Council shall have power to do such things as it considers expedient for the carrying out of its responsibility, but no remuneration or allowance shall be paid to any member of the Council in respect of his office:Provided that the Minister may from time to time authorize the payment of travelling and other allowances to members of the Council at the same rate as the like allowances are payable to officers in the service of the Government.
Part IIA – The Malawi Institute of Legal Education
8A. Establishment of the Institute
8B. Functions of the Institute
8C. Fees and charges
8D. Director of the Institute
8E. Duties of the DirectorSubject to the general and special directions of the Council, the Director shall be responsible for the management of the Institute and shall exercise executive and administrative control over the other staff of the Institute.[25 of 2010]
8F. Other staff of the Institute
8G. Consultants and instructors of the Institute
8H. Funds of the Institute
8I. Books of accounts and audit
Part III – Admission to practise
9. Admission to practise
9A. Conditions for recognition of a foreign law qualification
10. Malawi Law Examination
11. Admission to practise of legally qualified public officers
11A. Conditional admission to practise
12. Procedure on applications for admission to practise
12A. Reciprocal recognition to practise the profession of lawNotwithstanding the other provisions of this Part, recognition to practise the profession of law in Malawi may be granted to any person on the basis of, and in accordance with, any bilateral or multilateral agreement entered into in writing between Malawi and any other country or any group of countries providing for the reciprocal recognition of persons admitted to practise the profession of law in one country to be admitted to practise in the other country or in any country in such group of countries.[9 of 2004]
Part IV – Articled clerks
13. ***[Repealed by Act No. 9 of 2004]
Part V – Notaries public
14. InterpretationIn this Part, the expression “to practise as a notary public” means to perform mutatis mutandis the functions and duties commonly performed by a notary public in England.
15. Appointment of notaries public
16. Certificate to practise as notary public
17. Jurat to state where and when oath, etc., is takenEvery notary public before whom any oath, affidavit, declaration or acknowledgment is taken or made shall state truly in the jurat or attestation at what place and on what date the oath, affidavit, declaration or acknowledgment is taken or made.
18. Suspension or cancellationAny certificate granted under section 16 may be suspended or cancelled by the Chief Justice in the event of a notary public ceasing to be entitled to practise as a legal practitioner in Malawi, or cancelled if, in the opinion of the Chief Justice, the notary public fails to carry out satisfactorily his duties as a notary public.
20. Powers of Chief JusticeThe Chief Justice may make rules for carrying out the purposes of this Part.
Part VI – Discipline
21. Disciplinary powers of High Court
22. When legal practitioner may not practise
23. Annual licence
24. Unlawfully acting as a legal practitioner etc., an offence
Part VII – The Malawi Law Society
25. Establishment of Malawi Law Society, vesting of assets and dissolution of the Nyasaland Law Society
26. Objects of Society
27. Membership of the SocietyThe membership of the Society shall consist of the following—
28. Every legal practitioner to be member of the Society
29. Persons entitled to become members
30. Honorary membersThe Society may elect as honorary members, either for life or for such period as it may deem appropriate, such persons whom it may think fit and who consent to such election.
31. Fees and subscriptionThe members of the Society shall pay to the Society such fees and subscription and at such times as may be prescribed by the Minister, after consultation with the Minister of Finance:Provided that honorary members shall not be required to pay any subscription.
32. ResignationNo member of the Society who is a member by reason of section 28 may resign from the Society so long as he has in force a licence to practise, but, except as aforesaid, any member may resign, or may be expelled upon such grounds as may be specified by the Society, after having been given a reasonable opportunity of answering any allegation made against him.
33. Cessation of membershipAny member of the Society, other than an honorary member, who ceases to qualify for membership shall automatically cease to be a member of the Society.
34. ElectionAn annual election shall be held by the Society not later than the 28th day of February in every year, at which election the Society shall elect such officers or committees from its members as may be deemed necessary.
35. Delegation of powers and functionsThe Society may from time to time delegate all or any of its powers or functions to any one or more of its officers or to any committee of the Society.
36. Society’s power to make rules
37. Disciplinary Committee
Part VIII – Miscellaneous
38. Ex officio legal practitioner
39. Legal practitioner is officer of CourtEvery legal practitioner shall be deemed to be an officer of the High Court.
40. Legal practitioners not to practise in certain courts except in accordance with the Traditional Courts Act, etc.Notwithstanding anything contained in this Act, no legal practitioner shall be entitled to practise before a court established under the Traditional Courts Act or any Act replacing that Act except in accordance with that Act or any Act amending or replacing it.[Cap 3:03]
41. Order of precedenceLegal practitioners shall take precedence according to the dates they signed, or are deemed under section 11 (3) to have signed, the Roll:Provided that the Attorney General and the Solicitor General shall take precedence before all other legal practitioners and in that order.[26 of 1990][12 of 1991]
42. Legal practitioners list
43. Clerks to legal practitioners
History of this document
31 December 2014 this version
12 April 1965
|Legal Practitioners (Hourly Expense Rates for Purposes of Taxing Party and Party Costs) Rules, 2018||Government Notice 84 of 2018|