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The Malawi Forfeiture Act 1966—a surfeit of discretion

Published online by Cambridge University Press:  28 July 2009

Simon Roberts
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Type
Legislation
Information
Journal of African Law , Volume 10 , Issue 2 , Summer 1966 , pp. 131 - 134
Copyright
Copyright © School of Oriental and African Studies 1966

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References

1 The Constitution of Malawi (Amendment) Act, No. 1 of 1964; the Penal Code (Amendment) Acts, Nos. 24 and 61 of 1965.

2 No. 1 of 1966.

3 See the speech of the Prime Minister, introducing the Bill; at p. 435 of the Report of the Proceedings of the 3rd Session of the Malawi Parliament, January 19, 1966. Published by the Government Printer, Zomba.

4 Ibid., p. 442.

5 Section 2.

6 Section 4(1).

page 132 note 1 See p. 442 of the Report of the Proceedings of the Third Session of the Malawi Parliament. Speaking of currency offences, the Prime Minister explained: “… the majority of people engaged in that sort of things are Indians”.

page 132 note 2 Section 5 (d).

page 132 note 3 Section 5 (a) and (b).

page 133 note 1 Section 5 (c).

page 133 note 2 Section 6(1). Speaking in Parliament when he introduced the Bill, Dr. Banda explained that he proposed to appoint the Committee himself and supervise its activities. He is reported as saying: “ … I mean business on this Bill. I will appoint a Chairman myself, in fact all the members of the Committee, and I will see to it that they do their work …” See p. 436 of the Report of the Proceedings of the 3rd Session of the Malawi Parliament.

page 133 note 3 Section 6 (3).

page 133 note 4 Section 6 (2).

page 133 note 5 Section 7.

page 133 note 6 At p. 437 of the Report of the Proceedings of the Malawi Parliament cited above it is indicated that Dr. Banda contemplated that the indemnity should afford protection for persons other than those charged with administering the Act.

page 134 note 1 See the speech of Mr. M. H. Blackwood, at p. 438 of the Proceedings.

page 134 note 2 Dr. Banda is reported as saying: “There was an incident of this kind which made me furious, and that is why I am introducing this Bill now. You know what it was? (Interjection: Yes.) One of these refugees now in Tanzania or Zambia sued one of my police officers for £25, and the Court awarded the money. I was furious.” At p. 435 of the Proceedings.

page 134 note 3 Constitution of Malawi (Amendment) Act, No. 1 of 1964.

page 134 note 4 Penal Code (Amendment) Act, No. 61 of 1965.