Related documents
Malawi
Legal Education and Legal Practitioners Act, 2018
Act 31 of 2018
- Published in Malawi Gazette Supplement on 2 November 2018
- Assented to on 24 October 2018
- Commenced on 1 January 2019 by Legal Education and Legal Practitioners Act, 2018: Commencement
- [This is the version of this document as it was from 2 November 2018 to 30 May 2024.]
Part I – Preliminary
1. Short title and commencement
This Act may be cited as the Legal Education and Legal Practitioners Act, 2017, and shall come into force on a date to be appointed by the Minister, by notice published in the Gazette.2. Interpretation
In this Act, unless the context otherwise requires—“client” means a person on whose account, a legal practitioner may hold, holds or receives money;“Council” means the Malawi Council of Legal Education established under section 3;“Institute” means the Malawi Institute of Legal Education established under section 14;“legal practitioner” means a person—(a)who has been admitted to practice the profession of the law before a court; and(b)whose name has been inscribed on the Roll;“Malawi Law Examination” means examination in the local laws, legal practice and procedure of Malawi set by the Institute, from time to time, in accordance with section 26;“National Council for Higher Education” means the National Council for Higher Education established under the National Council for Higher Education Act;[Cap.30:12]“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 practice as a legal practitioner;“Society” means the Malawi Law Society established under section 63.Part II – The Malawi Council of Legal Education
3. Establishment of Council of Legal Education
There is hereby established a council of legal education which shall be a body corporate to be called “the Malawi Council of Legal Education” with perpetual succession and a common seal, with power to hold land, to sue and be sued in its corporate name.4. Object and functions of Council
5. Powers of Council
For the better performance of its functions, the Council shall have power to—6. Member of Council
7. Tenure and vacancy
8. Invited persons
The Council may, in its discretion at any time and for any period, invite any person to attend any meeting of the Council and take part in the deliberations of the Council, but the invited person shall not be entitled to vote at the meeting.9. Meetings of Council
10. Procedure of Council
11. Allowances
Members of the Council shall be paid an allowance determined by the Minister from time to time.12. Funding of Council
The Council shall be adequately funded for the operations of the Council and the Institute by sums appropriated by the National Assembly for this purpose and may raise money by way of fees, donations, subscriptions, gifts or charges.13. Accounts and audit of Council
Part III – The Malawi Institute of Legal Education
14. Establishment of Institute of Legal Education
15. Functions of Institute
16. Fees and charges
17. Executive Director of Institute
18. Duties of the Director
19. Removal of Executive Director
20. Staff of Institute
21. Consultants and instructors
Part IV – Admission to practice
22. Admission to practice
23. Qualifications for admission to practice
24. Admission to practice for legally qualified public officers
25. Admission to practice in a specific cause
26. Malawi Law Examination
27. Attorney General and Society party to proceedings
28. Applicant to make full and frank disclosure
29. Oath or affirmation before admission
Part V – Legal practice
30. Annual licence
31. Restrictions on practice
32. Legal practitioner is officer of court
Every legal practitioner shall be deemed to be an officer of the court.33. Order of precedence
Legal practitioners shall take precedence in the following order—34. Legal practitioners’ list
35. Setting up legal practice
A legal practitioner shall not establish a legal firm, whether as sole practitioner or in partnership with other legal practitioners, unless—36. Client account
37. Accounting for client’s money
38. Embezzlement
39. Remuneration for legal practitioners
40. Agreement with respect to lees
41. Action for recovery of fees
42. Pro bono work
43. Clerks to legal practitioners
44. Client’s rights and interests
Part VI – Notaries public
45. Appointment of notary public
46. Functions of notary public
The functions of a notary public shall include—47. Certificate to practice as notary public
48. Jurat to state where and when oath, etc. is taken
A notary public before whom an oath, affidavit, declaration or acknowledgement is taken or made shall state truly in the jurat or attestation at what place and on what date the oath, affidavit, declaration or acknowledgement is taken or made.49. Suspension or cancellation
The Chief Justice may—50. Unlawfully acting as notary public
51. Powers of Chief Justice
The Chief Justice may make rules for the better carrying out of this Part.Part VII – Senior Counsel
52. Conferment of Senior Counsel
53. Subsistence of honour
54. Number of Senior Counsel
Where the President is conferring the honour of Senior Counsel, the number of Senior Counsel being conferred shall not exceed three (3) legal practitioners during one (1) calendar year:Provided that the number of three (3) shall not include a serving Attorney General or Solicitor General, as the case may be.55. Attorney General, Solicitor General
The President may confer the honour of Senior Counsel on a sitting Attorney General or Solicitor General who has served that office for at least two (2) years.56. Honorary Senior Counsel
The President may, after consultation with the Honours Committee, confer on any person, as he deems fit, the honour of Senior Counsel honoris causa, if the person consents to the conferment.57. Honours Committee
There shall be an Honours Committee of the Society which shall consist of—58. Tenure and vacancy
59. Meetings of Honours Committee
60. Procedure and quorum
61. Disclosure of interest
62. Powers of Chief Justice
The Chief Justice may make rules for the better carrying out of this Part.Part VIII – The Malawi Law Society
63. Establishment of Malawi Law Society
There is hereby established the Malawi Law Society which shall be a body corporate with perpetual succession and a common seal, with power to hold land, and to sue and be sued in its corporate name.64. Objects of Society
The objects for which the Society is established are to—65. Powers of Society
The Society shall have powers to—66. Membership of Society
The membership of the Society shall consist of the following—67. Every legal practitioner to be member of Society
68. Honorary members
The Society may confer honorary membership, either for life or for any period as it may deem appropriate, on any person it deems fit, and who consents to the election.69. Fees and subscription
70. Resignation and expulsion
71. Cessation of membership
Any 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.72. Delegation of powers and functions
73. Society’s power to make rules
74. Chapters of Society
75. Executive Committee
76. Tenure and vacancy for Executive Committee
77. Meetings of Society
78. Secretariat of Society
The Secretariat of the Society shall consist of the Director and other members of staff of the Society appointed under this Part.79. Director of Society
80. Duties of Director
Subject to the general and special directions of the Society, the Director shall be responsible for the day to day management of the Society and shall exercise executive and administrative control over the staff of the Society.81. Removal of Director
82. Staff
83. Funds of Society
84. Society Levy
85. Penalty upon failure to pay Levy
86. Accounts and audit of Society
Part IX – Discipline
87. Application to all legal practitioners
Every legal practitioner shall be subject to the jurisdiction of the High Court, and the Disciplinary Committee on matters of discipline.88. Saving powers of court
Nothing under this Part shall supersede, lessen or interfere with the powers vested in the Chief Justice or any judicial officer to deal with misconduct or an offence committed by a legal practitioner.89. Disciplinary powers of High Court
90. Establishment of Disciplinary Committee
91. Functions of Disciplinary Committee
The Disciplinary Committee shall—92. Minutes of meetings of Disciplinary Committee
The Disciplinary Committee shall keep minutes of the proceedings of every meeting of the Disciplinary Committee.93. Tenure and vacancy for Disciplinary Committee
94. Proceedings of Disciplinary Committee
95. Time limits
96. Penalties
97. Striking off
98. Suspension
99. Publication of names of legal practitioners struck off or Suspended
The Society shall publish, in the Gazette and in at least two (2) newspapers with the widest circulation, names of legal practitioners who have been struck off the Roll or have been suspended and, in the case of suspension, the period of suspension.100. Re-admission
101. Disclosure of interest
102. Evidence
103. Right to legal representation
A legal practitioner against whom a complaint is made and has been brought before the Disciplinary Committee is entitled to legal representation.104. Oath of secrecy
A member of any committee established under this Part shall, on appointment, take an oath of secrecy prescribed under this Act.105. Allowances
A member of a committee established under this Part shall be paid allowances as determined by the Society.Part X – The Fidelity Fund
106. Establishment of Fidelity Fund
107. Objects of Fund
108. Sources of funds
The sources of funds for the Fund shall consist of—109. Insurance contracts for purposes of indemnification
110. Possession of Fund Certificates
111. Application for and issue of Fidelity Fund certificate
112. Contributions to Fund by legal practitioners
113. Payments from Fund
If the amount of the Fund, including the assets thereof, is less than fifty per centum (50%) of the total income of the Fund for the previous year, the Society may, at its discretion, refuse to pay or may postpone the payment of any amount in respect of the purposes referred to in section 107.114. Limitation on liability
115. Claims against Fund
116. Actions against Fund
117. Subrogation
On paying money out of the Fund in settlement in whole or in part of a claim under this Act, the Fund shall be subrogated to the extent of the payment to all the rights and legal remedies of the claimant against a legal practitioner or a person in relation to whom the claim arose, or in the event of his death or insolvency or other legal disability, against any person having authority to administer his estate.118. Exemption of Fund from certain laws
119. Management and auditing of Fund
Part XI – Miscellaneous
120. Indemnification in respect of certain acts in good faith
A person shall not institute an action for damages—121. Powers of Minister
122. Repeal and savings
History of this document
31 May 2024 amendment not yet applied
01 January 2019
02 November 2018 this version
24 October 2018
Assented to
Cited documents 0
Documents citing this one 11
Gazette 5
Judgment 5
Bill 1
1. | Legal Education and Legal Practitioners (Amendment) Bill 2024 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Legal Education and Legal Practitioners (Malawi Law Society) (Pro Bono Services) Rules, 2021 | Government Notice 51 of 2021 | 17 September 2021 |
Malawi Law Society (Elections) Rules, 2021 | Government Notice 50 of 2021 | 17 September 2021 |
Malawi Law Society (Continuing Legal Education) Rules, 2021 | Government Notice 49 of 2021 | 17 September 2021 |
Legal Education and Legal Practitioners (Malawi Law Society) (Honours Sub-Committee) Rules, 2021 | Government Notice 48 of 2021 | 17 September 2021 |