- Commenced on 19 September 2003
- [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 Lotteries Act.
2. InterpretationIn this Act, unless the context otherwise requires—"Board" means the National Lotteries Board established under section 3;"Chairperson" means the person designated as Chairperson of the Board under section 6;"date" means in relation to a lottery, the date on which the winners of that lottery are determined;"licensee" means the person to whom the licence for the National Lottery has been issued under subsection (l) of section 2;"lottery" includes any game, scheme, arrangement, system plan, promotional competition or device of distributing prizes by lot or chance and any game, scheme, arrangement, system, plan, competition or device, which the Minister may by notice in the Gazette declare to be a lottery;"National Lottery" means the lottery contemplated in section 21 and includes all the lotteries conducted under the licence for the National Lottery, taken as a whole;"net proceeds of the National Lottery" means the sums that are payable to the Board under paragraph (e) of subsection (3) of section 22 but not the sums which are paid in prizes of the National Lottery;"newspaper" includes a journal, magazine or other periodical publication;"participant", in relation to a lottery, means a person who is in possession of a valid ticket in that lottery;"place" means any place, whether or not it is a public place and includes any premises, building, dwelling, flat, room, office, shop, structure, vehicle, vessel or aircraft;"prescribe" means prescribe by the Minister by regulation;"political office" means the office of a Cabinet Minister, a Member of Parliament, a Member of a City, Town or District Council, as the case may be;"prize" means the prize awarded to the winner of a lottery;"promoters" means persons promoting other lotteries referred to in section 36;"software" means a set of instructions fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to bring about a result;"subscription" means the payment, or delivery of any money goods article, matter or thing, including any ticket, coupon or entry form, for the right to compete in a lottery;"ticket" means, in relation to a lottery, any symbol, sign, token, coupon, warrant, card, printed paper, document or list or any other means or device which confers or purports to confer the right to take part in a lottery and which is issued by or on behalf of the lottery in question.
Part II – Establishment of National Lotteries Board
3. Establishment of the National Lotteries BoardThere is hereby established a Board to be known as the National Lotteries Board (hereinafter referred to as the "Board") which shall be a body corporate with perpetual succession and a common seal and shall have the capacity of suing and being sued and, subject to the provisions of this Act, of doing all such acts as a body corporate may by law perform.
4. Composition of the Board
5. Qualifications of membersThe person to be appointed as a Member of the Board shall be—
6. Chairperson of the BoardThe Minister shall designate one of the members appointed under section 4, other than an ex officio member, as Chairperson.
7. Tenure and vacation of office of members
8. Meetings of the Board
9. Remuneration of the BoardThe members of the Board shall be paid such remuneration and allowances as the Minister may determine.
10. Functions of the BoardThe Board shall have the following functions—
11. Powers of the BoardThe Board shall have the following powers to—
12. Secretariat of the BoardThe Secretariat of the Board shall consist of a chief executive officer and other employees of the Board appointed under this Act.
13. Executive Director of the Board
14. Other employees
15. Procedures for the Board
16. Annual Report
Part III – Financial provisions
17. Funds of the Board
18. FinancesThere shall be paid out of payments made to the Board in terms of section 35 such sums as are necessary to defray any expenses incurred by the Board, including the remuneration, allowances and other employment benefits of the Executive Director and members of staff of the Board.
19. Accounts and audit
20. Financial yearThe financial year of the Board shall be the period commencing on the date of commencement of this Act and ending on the following 30th June and thereafter it shall be a period of twelve months ending on 30th June every year.
Part IV – Licensing of the National Lottery
21. License to conduct National Lottery
22. Requirements and conditions of licence
23. Variation of conditions of licence
24. Enforcement of conditions of licence
25. Grounds for revocation of licenceThe licence granted under section 21 may be revoked by the Board on the following grounds if—
26. Notice of revocation
27. Suspension of licence
28. Revocation of licence
Part V – Establishment of National Lottery Distribution Fund
29. Establishment of National Lottery Distribution FundThere is hereby established a fund to be known as the National Lottery Distribution Fund (hereinafter referred to as "the Fund") which shall be managed by the Board.
30. Fund to vest in and administered by the Board
31. Revenue of the FundThe Fund shall consist of—
32. Banking account
33. Investment of money not immediately required
34. Allocation of money in the Fund
35. Payments from Fund in respect of expenses
Part VI – Authorization of other lotteries
36. Authorization of other lotteries
37. Powers of the Board in respect of other lotteries
38. Imposition of condition in respect of other lotteriesWithout prejudice to the generality of paragraph (b) of subsection (1) of section 37, the Board may, in respect of any lottery authorized by it, impose conditions under the said paragraph—
39. Utilization of gross proceeds of a lottery for certain purposes
40. Prescribed fees
41. Invalid conditions by promotersFor the purposes of any civil proceedings brought in respect of any ticket or chance in any lottery authorized under the provisions of section 36, a condition imposed by the promoters of the lottery requiring that tickets or chances in the lottery shall not be sold or prizes awarded, to any specified class or classes of persons shall be deemed to be null and void
42. Power to require incorporation of promotersBefore authorizing the promotion of a lottery under the provisions of subsection (1) of section 36, the Board may require the promoters of the lottery to become a body corporate under any written law for the time being in force relating to incorporation.
43. Lotteries incidental to certain entertainment
44. Private lotteries
Part VII – Offences and penalty
45. Offences by bodies corporateWhere a person convicted of an offence under this Act is a body corporate, every person who at the date of the commission of the offence was a director or officer of such body corporate shall also be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge.
46. Unauthorized lotteries
47. General offences
48. Offences relating to National Lottery
49. PenaltiesAny person convicted of an offence under this Act, for which no penalty is provided for, shall be liable to a fine of K500,000 and to imprisonment for four years.
Part VIII – Miscellaneous provisions
50. Regulations in respect of National Lottery and other lotteries
51. SavingsNothing in this Act shall apply in relation to any lottery or competition in respect of which there is no subscription.
52. Lottery debts enforcementAny lottery debt lawfully incurred by a person in the course of any lottery shall, notwithstanding provisions of any law or the common law, be enforceable in a court of law.
History of this document
19 September 2003