Evidence by Commissions Act
- Assented to on 24 July 1967
- Commenced on 28 July 1967
- [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 Evidence by Commissions Act.
Part I – Evidence by commissions outside Malawi
2. Evidence in civil proceedingsWhere in any civil proceedings in any court in Malawi, an order for the examination of any witness has been made and a commission, order or other request for the examination of such witness has been addressed to any court of competent jurisdiction outside Malawi, such latter court or the chief judge thereof may nominate some fit person to take the examination, and any deposition or examination taken before an examiner so nominated shall be admissible in evidence to the same extent as if it had been taken by or before the court to which the commission, order or request was addressed.
3. Evidence in criminal proceedingsWhere in any criminal proceedings in Malawi an order for the examination of any witness, who is to be found outside the jurisdiction of the Malawi courts, has been made, and a commission, order or other request for the examination of such witness has been addressed to a court of competent jurisdiction in the country in which such witness is to be found, such court or the chief judge thereof may nominate any judge or magistrate or other judicial officer within the jurisdiction of such court to take the examination of such witness and any deposition or examination so taken shall be admissible in evidence to the same extent as if it had been taken by or before the court to which the said commission, order or other request was addressed.[9 of 1977]
4. Effect of evidence taken on commissionWhenever, in pursuance of sections 2 and 3 any person is examined outside Malawi, such person may be examined on oath, affirmation or otherwise in accordance with the law in force in the place where the examination is taken, and any deposition or examination so taken shall be as effectual for all purposes as if the witness had been so examined before the court in Malawi ordering the examination.
Part II – Evidence by commissions within Malawi
5. Examination of witnesses in matters before foreign courts or tribunals
6. Certificate of diplomatic representative
7. Examination on oathEvery person authorized to take the examination of witnesses by order made in pursuance of this Part may take all such examinations upon the oath or affirmation of the witness to be administered by the person so authorized.
8. Expenses of witnessEvery person whose attendance is required under this Part shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial.
9. Refusal to answer questions, etc.
10. Courts and judges having authority under this Part
11. Persons giving false evidenceNotwithstanding any other written law, every person examined upon oath or affirmation as a witness under this Part, who upon such examination wilfully gives any false evidence shall be guilty of perjury and liable to the penalties therefor.
12. Countries to which this Part appliesThe countries to which this Part applies shall be such countries as the Minister may, by notice published in the Gazette, declare to be countries to which this Part applies.
Part III – Law ascertainment
13. Ascertainment of law outside Malawi
14. Certified copies of opinion
15. Application of opinion
Part IV – Miscellaneous
16. Proof of acts of state
17. RulesThe Minister may, in consultation with the Chief Justice, make rules as shall be necessary or proper for giving effect to this Act and regulating the procedure thereunder.
History of this document
31 December 2014 this version
28 July 1967
24 July 1967