Malawi
Gaming Act
Chapter 47:03
- Commenced on 1 August 1998
- [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 title
This Act may be cited as the Gaming Act.2. Interpretation
In this Act, unless the context otherwise requires—"Board" means the Gaming Board established under section 3(1);"Chairman" means the person designated as such under section 3(2);"game of chance" includes a game of chance and skill combined or a pretended game of chance, but does not include an athletic game or sport;"gaming" means the playing of a game of chance for winnings in money or money’s worth;"gaming machine" means a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;"gaming premises" means premises which are kept or used (whether on one occasion or more) for gaming, and to which the public has access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;"instruments of gaming" includes cards, dice, counters, coins, tickets, gaming tables, boards, boxes, birds and animals, used for the purpose of gaming;"licensed gaming premises" means premises licensed under section 14 as premises which the public may use for the purpose of gaming;"licensee" means a person issued with a licence under section 14;"money" includes a cheque, bank note, postal order or money order;"newspaper" includes a journal, magazine or other periodical publication;"tax" means the tax payable under section 17;"unlawful game" means a game of chance the chances of which are not alike to all players, including the banker or other person or persons by whom the game is managed or against whom the other players stake or play;"winning" includes winnings of any kind and a reference to the amount or to the payment of winnings shall be construed accordingly.[21 of 1998]Part II – Gaming Board
3. Establishment of Board
4. Powers of the Board
Part III – Control and licensing of gaming
5. Applications for licences
6. Provision of licences
7. Display of licence and surrender, suspension or cancellation
8. Duration of licence
Every licence issued under this Act shall, unless therein otherwise provided, expire on the 31st March next following the date of issue.[21 of 1998]9. Books to be kept by licensee
10. Submission of accounts by licensees
11. Licences not to be transferred
Any person who, without the approval of the Board, transfers or purports to transfer a licence issued under this Act to another person shall be guilty of an offence and liable to a fine not exceeding K5,000 and to imprisonment not exceeding twelve months.[21 of 1998]12. Fees
There shall be paid to the Board for every licence issued by the Board a fee to be prescribed by the Board.[21 of 1998]13. Offences relating to unlicensed gaming premises
14. Board may license gaming premises
15. Offences relating to unlicensed gaming premises
16. Gaming with young persons an offence
17. Gaming tax
18. ***
[Repealed by 21 of 1998]19. ***
[Repealed by 21 of 1998]20. ***
[Repealed by 21 of 1998]21. Gaming machines
22. Board may authorize use of gaming machine
23. Gaming in street an offence
Part IV – Miscellaneous provisions
24. Obtaining of money by cheating at a game
Any person who—25. Appeals from decision of Board
Any person aggrieved by a decision of the Board made under this Act may, within twenty-one days of the decision, apply to the High Court for review of the decision of the Board.26. Power to enter and inspect land or premises
27. Cancellation of licence on conviction, etc.
28. Penalty for late payment of tax
Any person who fails to pay the whole of the tax due from him under this Act within the prescribed period shall be liable to pay, in addition to the amount in default, a penalty equal to five per centum of the amount for each week, or part thereof, during which the default continues.29. Power of court to deal with anything produced to it
The court before which any person is convicted of any offence under this Act may order anything produced to the court, and shown to the satisfaction of the court to relate to the offence to be forfeited and destroyed or dealt with in such other manner as the court may order.30. Power of Board to sue for recovery of any moneys due
Any fee due to the Board, and any tax or any penalty in respect therefor, may be sued for and recovered with costs by and in the name of the Board.31. Funds, accounts and audit
32. Regulations
The Minister may, in consultation with the Board, make regulations providing for—33. Immunity
No member of the Board or any officer thereof shall be personally liable for any act or default done or omitted to be done, in good faith, in the course of his duties under the Act.34. Penalty for an offence against a Regulation
Any regulation made under this Act may, notwithstanding the provisions of the General Interpretation Act, prescribe a fine not exceeding K10,000 and imprisonment not exceeding two years for an offence committed against any provision of such regulation.[Cap. 1:01][21 of 1998]History of this document
31 December 2014 this version
Consolidation
01 August 1998
Commenced