regulations

Fix laws or face huge damages claims – judge warns Malawi lawmakers on the state of COVID-19 disaster legislation

In a long and highly unusual judgment, a judge of Malawi’s high court has shown that the country’s legislation is completely unprepared to manage the coronavirus pandemic, and without the appropriate regulations or, in some cases, even appropriate laws. The judge made these findings in a case that concerned 10 Chinese nationals visiting the country. In a series of steps by officials of Malawi’s immigration and citizenship services some were deported, while the remaining four are still in Malawi although attempts were made to send them back to China.

Read judgment

The decision delivered by Judge Kenyatta Nyirenda in this case is long, dense and in parts highly unusual in style.

In view of the significance of the judgment, for Malawi and other countries needing to make regulations to manage the coronavirus pandemic, this discussion of the judgment is longer than usual. It is divided into three parts:

1. The story of the Chinese visitors and initial argument in the case they have brought

Customary Land Act and Regulations Now in Force in Malawi

The Customary Land Act, 2016 of Malawi commenced in March 2018.  The commencement notice was followed by Customary Land Regulations, 2018 in April 2018.

The Customary Land Act, 2016 has commenced with effect from 1 March 2018.   To further operationalize the customary land fraemwork, government gazetted on 20 April 2018 the Customary Land Regulations, 2018.

Read both on MalawiLII:

 

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