Related documents
- Is amended by Defence Force (Amendment) Act
Malawi
Defence Force Act
Chapter 12:01
- Commenced on 1 September 2004
- [This is the version of this document from 2 February 2018.]
- [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.]
- [Amended by Defence Force (Amendment) Act (Act 7 of 2018) on 2 February 2018]
Part I – Preliminary
1. Short title
This Act may be cited as the Defence Force Act.2. Interpretation
3. Active service
4. Establishment and maintenance of the Defence Force
5. Employment of the Defence Force
The Defence Force shall be charged with the defence of, and maintenance of order in, Malawi and with such other duties as are in accordance with the Constitution and this Act.6. Employment of the Defence Force outside Malawi
The President may in accordance with Chapter XVI of the Constitution order that the whole or any of the Defence Force be employed out of or beyond Malawi.7. Co-operation with other forces
8. Visiting forces
The President may, on the advice of the Defence Council, permit the presence in Malawi of visiting forces in accordance with the relevant treaty, agreement or arrangement to which the Government is a party.9. External training and attachments
Part II – Defence Council
10. The Defence Council
11. Performance of functions of the Defence Council
Without prejudice to any other power which may be conferred upon the Defence Council under this Act, the Defence Council may provide for all or any of the following matters—Part IIA – Defence and Security Committee
[Part IIA inserted by section 6 of Act 7 of 2018]11A. Function of Defence and Security Committe
The Defence and Security Committee of the National Assembly, established under section 162 of the Constitution, shall—11B. Oath for members of Defence and Security Committee
A member of the Defence and Security Committee or any officer serving the Defence and Security Committee shall, before he assumes office, be required to take an oath of secrecy which shall be in the form as set out in the Second Schedule hereto.[section 11B inserted by section 6 of Act 7 of 2018]Part III – Officers
12. Commissions Board
13. Grant of Commissions
14. Compulsory resignation
15. Compulsory retirement and discharge
16. Appointment and transfer of officers
17. Power to make regulations for this Part
Part IV – Enlistment and terms of services of soldiers in the Regular Force
Division 1 — Enlistment
18. Recruiting officers
Any person authorized in that behalf by regulations, in this Act referred to as a “recruiting officer”, may enlist recruits in the Regular Force in the prescribed manner.19. Enlistment
20. Terms of enlistment
The term for which a person enlisting in the Regular Force may be enlisted shall be seven years colour service from the date of his attestation.[section 20 amended by section 11 of Act 7 of 2018]21. Re-engagement and continuation in service
22. Prolongation of service
Any soldier of the Regular Force whose service expires during a state of national defence, insurrection, hostilities or public emergency may be retained in the Regular Force and his service prolonged for such period as the commanding officer may direct.[section 22 amended by section 13 of Act 7 of 2018]Division 2 — Discharge and transfer to Reserve Force
23. Discharge
24. Transfer to Reserve Force
25. Postponement of discharge or transfer pending proceedings for offences, etc.
26. Discharge upon prescribed grounds
An officer or a soldier of the Regular Force may be discharged by the appropriate superior authority, at any time during the currency of any term of engagement—27. Right of soldier to purchase discharge
28. Restrictions on reduction in rank of warrant officers and non-commissioned officers
A warrant officer or non-commissioned officer of the Force, other than a lance-corporal, shall not be reduced in rank except by order of a court-martial or the Defence Council or of an officer not below the rank of lieutenant colonel authorized by Regulations made under this Act to act for the purpose of this subsection.29. Right of warrant officer to discharge on reduction to ranks
A warrant officer of the Regular Force who is reduced to the ranks may thereupon claim to be discharged unless a state of national defence, insurrection, hostilities or public emergency exists.Division 3 — Miscellaneous and supplementary provisions
30. Rules for reckoning service
In reckoning the service of any soldier of the Regular Force towards discharge or re-engagement or transfer to the Reserve Force, there shall be excluded therefrom—31. Validity of attestation and enlistment
32. False answers in attestation papers
Part V – Discipline, trial and punishment of military offences
Division 1 — Treachery, cowardice and other offences arising out of military service
33. Aiding the enemy
34. Communication with the enemy
35. Cowardly behavior
36. Offences against morale
Any person subject to military law under this Act who—37. Becoming prisoner of war through disobedience or willful neglect and failing to rejoin force
38. Offences by or in relation to sentries, etc.
39. Looting
Any person subject to military law under this Act who—Division 2 — Mutiny and insubordination
40. Mutiny
41. Failure to suppress mutiny
Any person subject to military law under this Act who, knowing that a mutiny is taking place or is intended fails to use his utmost endeavours to suppress or prevent it or fails to report without delay that the mutiny is taking place or is intended shall, on conviction by court-martial or by the High Court—42. Insubordinate behavior
43. Disobedience to particular orders
44. Obstruction of provost officers
Any person subject to military law under this Act who—45. Disobedience to standing orders
Division 3 — Desertion, absence without leave, etc.
46. Desertion
47. Absence without leave
Any person subject to military law under this Act who—48. Assisting and concealing desertion and absence without leave
Any person subject to military law under this Act who—49. Falsely obtaining or prolonging leave
Any person subject to military law under this Act who, for the purpose of obtaining leave or prolonging his leave, knowingly makes any false statement shall be guilty of an offence and shall, on conviction by court-martial or by the High Court, be liable to imprisonment for two years or any less punishment provided by this Act.50. Failure to perform military duties
Any person subject to military law under this Act who, without reasonable excuse, fails to attend for any, parade or any military duty of any description or leaves any such parade or duty before he is permitted to do so shall be guilty of an offence and shall, on conviction by court-martial or by the High Court, be liable to imprisonment for two years or any less punishment provided by this Act.Division 4 — Malingering and drunkenness
51. Malingering
52. Drunkenness
Division 5 — Offences relating to property
53. Offences relating to public and service property
54. Offences in relation to property of members subject to service law
Any person subject to military law under this Act who—55. Miscellaneous offences relating to property
56. Loss and hazarding of aircraft, vessel or vehicle of the Defence Force
57. Improper carriage of persons and goods
Any person subject to military law under this Act who, being in command of any aircraft, vessel or vehicle of the Defence Force or being a member of its crew, without lawful authority—Division 6 — Offences relating to billeting and requisitioning of vehicles, aircraft or vessels
58. Billeting offences
Any person subject to military law under this Act who—59. Offences in relation to requisitioning of vehicles, aircraft or vessel
60. Dangerous flying, navigation or driving
[heading substituted by section 26 of Act 7 of 2018]61. Low flying
62. Annoyance by flying or navigating
Any person subject to military law under this Act who being—Division 7 — Offences relating to, and by, persons in custody
63. Irregular arrest and confinement
64. Performing and unlawful release of prisoners
65. Resistance to arrest
66. Escape from confinement
Any person subject to military law under this Act who escapes from arrest, prison or other lawful custody (whether military or not), shall, on conviction by court-martial or the High court, be liable to imprisonment for two years or any less punishment provided for by this Act.Division 8 — Offences in relation to courts-martial
67. Offences in relation to courts-martial
68. False evidence
Division 9 — Miscellaneous offences
69. Injuries disclosures
70. Making of false statement on enlistment
71. Making of false documents
Any person subject to military law under this Act who—72. Scandalous conduct of an officer
73. Ill-treatment of officers or men of inferior rank
If—74. Disgraceful conduct
Any person subject to military law under this Act who is guilty of disgraceful conduct of a cruel, indecent or unnatural kind shall, on conviction by court-martial or by the High Court, be liable to imprisonment for two years or any less punishment provided by this Act.75. False accusation, etc.
Any person subject to military law under this Act who—76. Attempts to commit military offences
Any person subject to military law under this Act who attempts to commit an offence against any of the foregoing provisions of this Part shall be guilty of an offence and shall, on conviction by court-martial or by the High Court, be liable to the like punishment as for that offence:Provided that if the offence is one punishable by death he shall not be liable to any greater punishment than imprisonment.77. Conduct to the prejudice of military discipline
Any person, subject to militry law under this Act, who—78. Political activities
79. Prize offences
Division 10 — Civil offences
80. Civil offences
Division 11 — Punishments
81. Punishment of officers
82. Punishment of soldiers
83. Field punishment
Field punishment shall consist of such duties or drills, in addition to those which the offender might be required to perform if he were not undergoing punishment, and such loss of privileges, as may be provided by or under regulations to be made by the Defence Council, and may include confinement in such place or manner as may be so provided and such personal restraint as may be necessary to prevent the escape of the offender and as may be so provided.Division 12 — Arrest
84. Power to arrest offenders
85. Avoiding delay after arrest
Division 13 — Investigation of, and summary dealings with, charges
86. Investigation of charges by commanding officer
Before an allegation against a person subject to military law under this Act (hereinafter referred to as “the accused”) that he has committed an offence against any provision of this Part is further proceeded with, the allegation shall be reported, in the form of a charge, to the accused’s commanding officer and the commanding officer shall investigate the charge in the prescribed manner.87. Charges to be dealt with summarily or by court-martial
88. Further proceedings on charges against non-commissioned officers and soldiers
89. Further proceedings on charges against officers and warrant officers
90. Dismissal of charges referred to the Commander
91. Power of commanding officers to delegate powers
Regulations made under this Act may confer on commanding officers power to delegate the powers of commanding officers, in such cases and to such extent and to such officer or class of officers as may be specified in the regulations.92. Limitations of powers to summary dealing with charges
Division 14 — Court-martial: General provisions
93. Trial by and powers of, court-martial
Subject to this Act, a court-martial convened under this Act shall have power to try any person subject to military law under this Act for any offence which under this Act is triable by court-martial and to award for any such offence any punishment authorized by this Act for that offence.94. Officers having power to convene court-martial
95. Constitution of court-martial
96. Supplementary provisions of court-martial
97. Place for sitting of court-martial and adjournment to other places
Division 15 — Court-martial: provisions relating to trial
98. Challenges by accused
99. Administration of oaths or affirmations
100. Court-martial to sit in open court
101. Dissolution of court-martial
102. Decisions of court-martial
103. Finding and sentence
104. Power to convict of an offence other than that charged
105. Rules or evidence
106. Privileges of witnesses others at court-martial
A witness before a court-martial or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court.107. Offences by civilians in relation to court-martial
Where in Malawi any person not subject to military law, under this Act—Division 16 — Confirmation, revision and review of proceedings of court-martial
108. Confirmation of proceedings of court-martial
109. Petition against finding or sentence
At any time after a court-martial has sentenced the accused, but not later than the prescribed time after confirmation is completed the accused may in the prescribed manner present a petition against the finding or sentence or both.110. Revision of findings of court-martial
111. Powers of the Defence Council on confirmation
112. Approval of death sentence by President
Subject to the proviso to section 150, a sentence of death shall not be carried into effect unless it has been approved by the President.113. Review of finding and sentence of court-martial'
114. Reconsideration of sentences of imprisonment and detention
Division 17 — Review of summary findings and awards
115. Review of summary findings and awards
Division 18 — Findings of insanity
116. Provisions where accused found insane
Division 19 — Commencement and duration of sentences
117. Commencement of sentences
118. Duration of imprisonment and detention
119. Suspension of sentences
120. Restriction on serving of sentences of detention in prisons
A person shall not be required to serve any part of a military sentence of detention in a military or civil prison:Provided that in such cases and subject to such conditions as may be specified by or under Imprisonment and Detention Regulations he shall, while in that prison, be confined and otherwise dealt with in the same manner as a person confined therein under like sentence of a civil court.121. Special provision as to civil prisons in Malawi
A person sentenced to death or imprisonment and committed or transferred to a civil prison in pursuance of regulations made under section 140 or Imprisonment and Detention Regulations shall, while in that prison, be confined and otherwise dealt with in the same manner as a person confined therein under a like sentence of a civil court.122. Special provisions as to carrying out or serving sentences outside Malawi
The President may from time to time make arrangements with the authorities of any country or territory outside Malawi whereby sentences of death passed by courts-martial may in accordance with regulations made under this Act be carried out in establishments under the control of those authorities, and military sentences of imprisonment or detention may, in accordance with regulations under this Act, be served wholly or partly in such establishments.123. Country in which sentence of imprisonment or detention to be served
124. Duties of officers in charge of prisons and others to receive prisoners
Division 20 — Trial of persons ceasing to be subject to military law under this Act and time limits for trials
125. Trial and punishment of offences under this Act notwithstanding offender ceasing to be subject thereto
Division 21 — Relation between military and civil courts and finality of trials
126. Powers of civil courts
127. Persons not to be tried under this Act for offences already disposed of
128. Resolution of conflicts of jurisdiction
Division 22 — Inquiries
129. Body of inquiry
130. Inquiries into absence
Division 23 — Miscellaneous provisions
131. Restitution or compensation for theft, etc.
132. Appointment of judge advocate
133. Promulgation
Any finding, sentence, determination or other thing required by this Act to be promulgated shall be promulgated either by being communicated to the accused or in such other manner as may be prescribed or as the Defence Council or the President, as the case may be, may direct.134. Custody of proceedings of court-martial and right of accused to copy thereof
135. Indemnity for prison officers, etc.
No action shall lie in respect of anything done by any person in pursuance of a military sentence of imprisonment or detention if the doing thereof would have been lawful but for a defeat in a warrant or other instrument made for the purposes of that sentence.Division 24 — Rules of procedure, etc.
136. Rules of procedure
137. Imprisonment and detention regulation
The Minister may, with the advice of the Defence Council, make regulations (in this Act referred to as “Imprisonment and Detention Regulations”) with respect to all or any of the following matters, that is to say—138. Board of Inquiry Rules
139. Miscellaneous regulations
The Minister may, on the advice of the Defence Council, make regulations with respect to all or any of the following matters, that is to say—Division 25 — Interpretation of Part V
140. Interpretation of Part V
Part VI – Appeals from courts-martial
141. Right of appeal
142. Application for leave to appeal
143. Determination of appeals in ordinary cases
144. Powers of court of appeal in special cases
145. Commencement of sentence
The term of any sentence passed by the court of appeal under any of the provisions of section 144 shall, unless the court otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal is brought, and a sentence passed by the court of appeal shall be deemed for the purposes of this Act to be a sentence passed by the court-martial, being a sentence that has been confirmed.146. Appeals to be final
Any determination by the court of appeal of any appeal or other matter which it has power to determine under this Part shall be final, and no appeal shall lie from the court of appeal to any other court.147. Proceedings may be heard in absence of appellants
An appellant shall not be entitled to be present at the hearing of an appeal to the court of appeal under this Part or to any proceedings preliminary or incidental to such an appeal except where rules of court provide that he shall have the right to be present or the court of appeal gives him leave to be present, and accordingly any power of the court under this Part to pass a sentence may be exercised despite the absence of the appellant.148. Defence of appeals
It shall be the duty of the Director of Public Prosecutions on an appeal against conviction by court-martial to undertake the defence of the appeal.149. Right of appellant to present his case in writing
An appellant may if he so desires, instead of presenting his case orally, present it in writing in the prescribed form.150. Suspension of death sentence
Where a conviction by court-martial involves sentence of death—151. Person not to be tried again where conviction quashed
Where the conviction of a person by a court-martial for an offence has been quashed under this Part, he shall not be liable to be tried again for that offence by a court-martial or by any other court.152. Removal of prisoners for purposes of this Part
Imprisonment and Detention Regulations may provide in what manner an appellant, when in custody, is to be taken to, kept in custody and brought back from any place at which he is entitled to be present for the purposes of this Part or any place to which the court of appeal or a judge thereof may order him to be taken for the purpose of any proceedings of the court of appeal.153. Furnishing on appeal, of documents relating to trial
In the case of every appeal, or application for leave to appeal, under this Part to the court of appeal against a conviction by court-martial, it shall be the duty of the secretary of the Defence Council to furnish to the registrar of the court of appeal, in accordance with rules of court, the proceedings of the court-martial (including any proceedings with respect to the revision of the findings or sentence of the court-martial in pursuance of section 110 (1)) the proceedings with respect to the confirmation of the findings and sentence of the court-martial and any petition presented by the person convicted.154. Duties of registrar of court of appeal with respect to appeals, etc.
155. Saving of powers of reviewing authorities
Nothing in this Part shall affect the exercise by the President of the powers conferred by section 113 in respect of a conviction by a court-martial so far as regards the exercise thereof at a time before the lodging with the registrar of the court of appeal of an appeal or an application for leave to appeal to that court against the conviction, and nothing in this Part shall affect the exercise by the President of the prerogative of mercy.156. Composition of court of appeal
At the hearing of any appeal from any court-martial, the court of appeal shall consist of an uneven number of judges, not being less than three.157. Exercise of certain powers of court of appeal by a judge
Any judge of the court of appeal may—158. General provisions as to procedure
Part VII – Forfeitures and deductions and enforcement of maintenance liabilities
159. Forfeitures and deductions; general provisions
160. Forfeiture of pay for absence from duty
161. Deductions for payment of civil penalties
Where a person sentenced or ordered by a civil court, whether within or outside Malawi, to pay a sum by way of fine, penalty, damages, compensation or costs in consequence of being charged before the court with an offence is at the time of the sentence or order, or subsequently becomes, an officer or a soldier of the Defence Force, then, if the whole or any part of that sum is met by a payment made by or on behalf of any military authority, the amount of the payment may be deducted from his pay.162. Compensation for loss occasioned by wrongful act or negligence
163. Deductions for barracks damage
164. Remission of forfeitures and deductions
Any forfeiture or deduction imposed under this Part or under regulations made under this Act may be remitted by the Defence Council or in such manner or by such authority as may be provided by such regulations.165. Enforcement of maintenance and affiliation orders by deduction from pay
166. Deductions from pay for maintenance of spouse or child
167. Limit of deductions from pay for maintenance of spouse or child
168. Service of process in maintenance proceedings
Part VIII – Billeting and requisitioning of vehicles, aircraft or vessels
Division 1 — Billeting
169. Billeting requisitions
At any time when this section is in operation the Defence Council or any officer authorized by the Defence Council in that behalf not below field rank in Malawi may issue a billeting requisition requiring the officer-in-charge of police for any area in Malawi specified in the requisition to provide billets at such places in that area, for such numbers or members of the Defence Force and, if the requisition so provides, for such number of vehicles, aircraft or vessels in use for the purpose of the Defence Force being vehicles, aircraft or vessels of any kind specified in the requisition, as may be so specified.170. Premises in which billets may be provided
171. Provisions of billets
172. Billeting schemes
173. Accommodation to be provided and payment therefor
174. Appeals against billeting
175. Compensation for damage
176. Refusal to receive persons billeted etc.
Any person who—177. Application to civilians employed with the Defence Force
In relation to persons employed with any body of the Defence Force not entitled under the provisions of this Part to be billeted, being persons of such descriptions as may be prescribed by regulations made under this Act, those provisions shall apply as they apply in relation to members of the Defence Force.178. Suspension of laws against billeting
While section 169 is in operation, any part of a law that prohibits, restricts or regulates quartering or billeting on any inhabitants of Malawi shall not apply to such billeting in pursuance of a billeting requisition.Division 2 — Requisitioning of vehicles, aircraft or vessels
179. Requisitioning orders
180. Provisions of ssvehicles, aircraft or vessels
181. Assistance of police authorities
The officer-in-charge of police for any area specified in a requisitioning order shall, on a request to that effect made by or on behalf of the officer to whom the order is issued, give instructions for securing that so far as is practicable police officers will be available, if required, for accompanying officers or soldiers requisitioning vehicles, aircraft or vessels in pursuance of the order.182. Period for which vehicles, aircraft or vessels to be furnished
Where a vehicle, aircraft or vessel has been furnished in pursuance of a requisitioning order it may be retained, so long as section 178 is in operation, for any period for which it is required for the purpose specified in the order or for any other purposes connected with the needs of any part of the Defence Force.183. Payment for vehicles, aircraft or vessels furnished
184. Avoidance of hardship in requisitioning of vehicles, aircraft or vessels
In deciding which of alternative vehicles, aircraft or vessels is to be specified in an order under section 179, or is to be the subject of a direction under section 180 (1) (b), the officer or soldier by whom the order is issued or direction given shall act in such manner as in his opinion will cause least hardship.185. Record and inspection of mechanically propelled vehicles, aircraft or vessels
The Defence Council may, by general notice published in the Gazette require persons having in their possession in Malawi mechanically propelled vehicles, aircraft or vessels or trailers normally drawn by mechanically propelled vehicles, aircraft or vessels, if required so to do by such authority or person as may be specified in the notice—186. Enforcement of provisions as to requisitioning
187. Application to horses, food, forage and stores
188. Damage by vehicles, aircraft or vessels being delivered for requisitioning
The person using a vehicle, aircraft or vessel for the purpose of its being furnished in pursuance of a direction under section 180 (2) (b) shall be deemed as respects any claim in respect of injury or damage to any other person or property, to be so using the vehicle, aircraft or vessel as a servant of the Government.189. Bringing into operation of sections 169 and 179
Part IX – Government and general provisions
Division 1 — Command
190. Command and precedence
191. Command of Defence Force
191A. Pension and other benefits of the Commander, etc.
The Commander and the Deputy Commander shall, upon retirement, receive a pension or other benefits as may, from time to time, be determined by the Defence Council.[section 191A inserted by section 40 of Act 7 of 2018]192. Powers of command of members of cooperating forces
193. Military police
194. Provost marshal
194A. Judge Advocate General
195. Directorate of Legal Services
Division 2 — Redress of complaints
196. Complaints by officers
197. Complaints by soldiers
Division 3 — Exemption for officers and soldiers
198. Exemption from service as assessor or a juror
An officer or a soldier of the Regular Force shall be exempted from serving as an assessor or a juror in any civil court:Provided that an officer of the rank of captain or above may serve as an assessor or a juror in a civil court during any trial for an offence against this Act.[section 198 amended by section 43 of Act 7 of 2018]199. Exemption from tolls, etc.
200. Exemption from taking in execution of property used for military purposes
No judgment, decree or order given or made against an officer or a soldier of the Defence Force by any court in Malawi shall be enforced by the levying of execution on any service property, nor shall any distress be made thereon.Division 4 — Provisions relating to deserters and absentees without leave
201. Arrest of deserters and absentees without leave
202. Proceedings before a civil court, where persons suspected of illegal absence
203. Deserters and absentees without leave surrendering to police
204. Certificates of arrest or surrender of deserters and absentees
205. Duties of superintendents of prisons and others to receive deserters and absentees
Division 5 — Offences relating to military matters punishable by civil courts
206. Punishment for pretending to be a deserter
Any person who falsely represents himself to any military or civil authority to be a deserter from the Defence Force shall be guilty of an offence and shall be liable to a fine of K10,000 and to imprisonment for three months.207. Punishment for procuring and assisting desertion
Any person who—208. Punishment for obstructing officers or soldiers in execution of duty
Any person who willfully obstructs or otherwise interferes with any officer or soldier of the Defence Force, acting in the execution of his duty, shall be guilty of an offence and shall be liable to a fine of K10,000 and to imprisonment for three months.209. Punishment for aiding malingering
Any person who—210. Unlawful purchase, etc., of military stores
210A. Unlawful wearing of uniform
A member who wears any article—211. Illegal dealing in documents relating to pay, pension, mobilization, etc.
212. Unauthorized use of and dealing in decorations, etc.
Division 6 — Provisions as to evidence
213. General provisions as to evidence
214. Proof of outcome of civil trial
215. Evidence of proceedings of court-marshal
Division 7 — Miscellaneous provisions
216. Temporary reception in civil custody of persons under escort
217. Avoidance or assignment of, or charge on, military pay, pension, etc.
218. Power of certain officers to make statutory declarations
Part X – Militia
219. Composition, discipline and functions of the Militia
220. Procedure for enlistment
221. Training
222. Embodiment
223. Discharge
224. Postponement of discharge
Where the time at which a member of the Militia would otherwise be entitled to be discharged occurs at a time when the Militia or any part thereof is employed under section 222, he may be required to prolong his service for such further term as the President may order.225. Failure to attend on embodiment or training
226. Failure to fulfil training obligations
Where a member of the Militia, without leave lawfully granted, or such sickness or other reasonable cause as may be allowed in the prescribed manner, fails to appear at the time and place appointed for preliminary training or for annual training, or fails to attend the number of drills or instructional parades or to fulfil the other conditions relating to preliminary or annual training which may be prescribed, he shall be guilty of an offence and shall be liable to a fine of K10,000.227. Power to make regulations under this Part
Subject to the foregoing provisions of this Part, the Minister may with the advice of the Defence Council, make regulations for the better carrying out of this Part and generally for the good government and organization of the Militia and for providing for matters required by this Part to be prescribed and without prejudice to the generality, of the foregoing such regulations may make provision with respect to all or any of the following matters, that is to say—Part XI – Reserve Force
228. Composition
229. Discharge from Reserve Force
230. Reporting Reserve Force
Officers and soldiers of the Reserve Force shall be required to report to such authority and to attend such examinations before a medical board as may be directed by the Defence Council.231. Embodiment
232. Training of Reserve Force
233. Failure to fulfil training obligations
Where a member of the Reserve Force, without leave lawfully granted, or such sickness or other reasonable cause as may be allowed in the prescribed manner, fails to appear at the time and place appointed for training or fails to attend the number of drills or instructional parades or to fulfil the other conditions relating to training which may be prescribed, he shall be guilty of an offence and he shall be liable to a fine of K10,000.234. Postponement of discharge
Where the time at which a member of the Reserve Force would otherwise be entitled to be discharged occurs at a time when the Reserve Force, or any part thereof, is employed under section 231, he may be required to prolong his service for such further term as the Defence Council may order.235. Failure to attend on embodiment
236. Power to make regulations under this Part
Subject to the foregoing provisions of this Part, the Minister may with the advice of the Defence Council, make regulation for the better carrying out of this Part and generally for the good government and “organization of the Reserve Force and for providing for matters required by this Part to be prescribed and, without prejudice to the generality of the foregoing, such regulations may make provision with respect to all or any of the following matters, that is to say—Part XII – Application of Act and supplementary provisions
Division 1 — Persons subject to military law
237. Persons subject to military law
238. Application of Act to civilians
239. Application of Act to members of friendly forces
240. Application of Act to Militia and Reserve Force
The provisions of Part V relating to the award of fines and stoppages, and Part VII, shall not apply to members of the Militia except when undergoing training either voluntary or as may be prescribed by section 221, or when employed under section 222, or to officers and soldiers of the Reserve Force except when reporting under section 231 or employed under section 231 or section 232.241. Power to make regulations
Subject to the provisions of this Act, the Minister may, with the advice of the Defence Council, make regulations for the better carrying out of this Act and generally for the good government and organization of the Defence Force and for providing matters required by this Act to be prescribed and, without prejudice to the generality of the foregoing, such regulations may make provision with respect to all or any of the following matters, that is to say-242. Powers exercisable in subsidiary legislation
243. Defence Council with Solicitor General's advice in certain cases
Notwithstanding the powers conferred upon the Defence Council by sections 108, 110, 111, 115 and 196, those powers shall not be exercised except upon advice of the Solicitor General.244. Execution of orders, instruments, etc.
245. Repeal
The Army Act is repealed.[Cap. 12.01]History of this document
02 February 2018 this version
Amended by
Defence Force (Amendment) Act
31 December 2014
Consolidation
Read this version
01 September 2004
Commenced
Subsidiary legislation
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Documents citing this one 1
Judgment 1
1. | Mhango v Attorney General (Malawi Defence Force) (Civil Cause 563 of 2015) [2016] MWHC 718 (1 July 2016) |