Malawi Education Act 2013

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Africa Legislation Commons
Malawi
Education Act
Chapter 30:01
Legislation as at 31 December 2014
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Education Act
Contents
Part I – Preliminary ............................................................................................................................................................................................ 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
3. Application .................................................................................................................................................................................................. 2
Part II – Promotion of education .................................................................................................................................................................. 3
4. General duties and powers of the Minister ................................................................................................................................... 3
5. Goals of education in Malawi ............................................................................................................................................................. 3
Part III – Advisory Council ............................................................................................................................................................................... 4
6. Establishment and powers of the Advisory Council .................................................................................................................... 4
7. Composition of the Council and its procedure .............................................................................................................................. 4
8. Invited persons .......................................................................................................................................................................................... 5
9. Reporting ..................................................................................................................................................................................................... 5
10. Orders to be published ....................................................................................................................................................................... 5
Part IV – Grants and loans in aid of schools and other education institution .............................................................................. 5
11. Expenditure by Minister ...................................................................................................................................................................... 5
Part V – Primary education ............................................................................................................................................................................. 5
12. Provision of primary education ........................................................................................................................................................ 5
13. Free and compulsory primary education ...................................................................................................................................... 6
14. Appointment of education committees ......................................................................................................................................... 6
15. Duties of local government authorities ........................................................................................................................................ 6
16. Development plans ............................................................................................................................................................................... 7
17. Powers of local government authorities ....................................................................................................................................... 7
18. Composition of education committee ............................................................................................................................................ 8
19. Delegation of duties and powers of education committees .................................................................................................. 8
20. Duties of secretary ................................................................................................................................................................................ 8
21. Establishment of school management committee .................................................................................................................... 9
22. Notice to be published ........................................................................................................................................................................ 9
23. Functions of school management committee ............................................................................................................................. 9
24. Obstruction of school management committee ...................................................................................................................... 10
Part VI – Management of secondary schools and colleges ............................................................................................................... 10
25. Management of Government secondary schools and colleges .......................................................................................... 10
26. Content of order establishing a Board of Governors ............................................................................................................. 10
27. Responsibilities of proprietor of a secondary school or college ........................................................................................ 11
28. Board of Governors of assisted secondary schools and colleges ...................................................................................... 11
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29. Contents of order, assisted secondary schools or colleges .................................................................................................. 12
30. Stamping and registration ............................................................................................................................................................... 13
Part VII – Establishment, classification and registration of schools and colleges .................................................................... 13
31. Establishment of Government schools and colleges ............................................................................................................. 13
32. Establishment of private schools or colleges ........................................................................................................................... 13
33. Classification of schools or colleges ............................................................................................................................................ 13
34. Registration of schools and colleges ........................................................................................................................................... 13
35. Duty of proprietor to conform to registered particulars ....................................................................................................... 13
36. Procedure for establishing a school or college ....................................................................................................................... 14
37. Application for registration of a school or college ................................................................................................................. 14
38. Variation of establishment .............................................................................................................................................................. 15
39. Register of Schools and Colleges, publication and inspection thereof ........................................................................... 15
40. De-registration of a school or college ........................................................................................................................................ 15
41. Complaints ............................................................................................................................................................................................. 15
42. Education Appeals Tribunal ............................................................................................................................................................. 16
43. Powers of the Education Appeals Tribunal ................................................................................................................................ 17
44. Power to close schools or colleges .............................................................................................................................................. 17
45. Power to re-open school or college and payment of compensation ............................................................................... 18
46. Minister to handover possession to local government authority ...................................................................................... 19
47. Power to take possession ................................................................................................................................................................. 20
48. Failure to close school or college ................................................................................................................................................ 21
49. Unsuitable publications .................................................................................................................................................................... 21
Part VIII – Inspection of schools and colleges ...................................................................................................................................... 21
50. Appointment of inspectors .............................................................................................................................................................. 21
51. Inspection of schools and colleges .............................................................................................................................................. 21
52. Functions of an inspector ................................................................................................................................................................ 21
53. Powers of inspector ............................................................................................................................................................................ 22
54. General duties of proprietor ........................................................................................................................................................... 22
55. Conducting school or college without consent of Minister ................................................................................................ 23
56. Refund of grant in certain cases ................................................................................................................................................... 23
Part IX – Establishment of the Teachers Council of Malawi and Registration of Teachers .................................................... 23
57. Establishment of Council .................................................................................................................................................................. 23
58. Composition of the Council ............................................................................................................................................................. 23
59. Vacation of members from office .................................................................................................................................................. 24
60. Meetings of the Council ................................................................................................................................................................... 24
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61. Disclosure of interest ........................................................................................................................................................................ 25
62. Functions of the Council .................................................................................................................................................................. 25
63. Powers of the Council ....................................................................................................................................................................... 25
64. Committees ............................................................................................................................................................................................ 26
65. Appointment of Registrar and other staff .................................................................................................................................. 26
66. Duties of the Registrar ...................................................................................................................................................................... 27
67. Qualifications and requirements for registration ..................................................................................................................... 27
68. Licence to teach .................................................................................................................................................................................. 28
69. Teaching without licence or authority prohibited ................................................................................................................... 28
70. Appeals .................................................................................................................................................................................................... 28
71. Offences relating to teaching and teachers .............................................................................................................................. 29
72. Evidence of entries in Registers of Teachers and of other records ................................................................................... 29
73. Funds of the Council ......................................................................................................................................................................... 29
74. Accounts .................................................................................................................................................................................................. 29
75. Audits ....................................................................................................................................................................................................... 30
Part X – Curriculum and instructions in schools and colleges ........................................................................................................ 30
76. National curriculum for schools and colleges .......................................................................................................................... 30
77. Teacher training curriculum ............................................................................................................................................................. 30
78. Language of instruction ................................................................................................................................................................... 31
79. Syllabus ................................................................................................................................................................................................... 31
80. Religious instruction .......................................................................................................................................................................... 31
81. Textbooks and other instructional materials ............................................................................................................................ 32
Part XI – Establishment of the Malawi Institute of Education ........................................................................................................ 32
82. Establishment of the Institute ....................................................................................................................................................... 32
83. Composition of the Board ................................................................................................................................................................ 32
84. Duties of the Board ............................................................................................................................................................................ 33
85. Powers of the Board .......................................................................................................................................................................... 34
86. Vacation of office ................................................................................................................................................................................ 34
87. Secretary of the Board ...................................................................................................................................................................... 34
88. Meetings of the Board ...................................................................................................................................................................... 34
89. Procedure at Board meetings ......................................................................................................................................................... 35
90. Executive Director ............................................................................................................................................................................... 35
91. Deputy Executive Director ............................................................................................................................................................... 35
92. Other staff .............................................................................................................................................................................................. 36
93. Terms and conditions of service .................................................................................................................................................... 36
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94. Proposals and reports to the Board ............................................................................................................................................. 36
95. Withdrawal and suspension of students or participants ...................................................................................................... 36
96. Finance and Audit Committee ........................................................................................................................................................ 36
97. Control of finances .............................................................................................................................................................................. 36
98. Accounts .................................................................................................................................................................................................. 37
99. Expenditure ........................................................................................................................................................................................... 37
100. Appeals for public subscription .................................................................................................................................................. 37
101. Borrowing and investments .......................................................................................................................................................... 37
102. Property of the Institute ................................................................................................................................................................ 37
Part XII – Students ........................................................................................................................................................................................... 37
103. Duty to obey school or college rules ........................................................................................................................................ 37
104. Medical examination ....................................................................................................................................................................... 38
Part XIII – Fees .................................................................................................................................................................................................. 38
105. Minister may prescribe certain fees .......................................................................................................................................... 38
Part XIV – Miscellaneous provision ........................................................................................................................................................... 38
106. Power of Minister to make regulations or rules ................................................................................................................... 38
107. Delegation ............................................................................................................................................................................................ 39
108. Defective appointment of member to be of no effect ........................................................................................................ 40
109. General penalty for offences ........................................................................................................................................................ 40
110. Service of notices and other documents ................................................................................................................................. 40
111. Repeal and savings .......................................................................................................................................................................... 40
112. Transitional provisions .................................................................................................................................................................... 40
v
vi
Education Act Malawi
Malawi
Education Act
Chapter 30:01
Commenced on 6 December 2013
[This is the version of this document at 31 December 2014.]
[Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi
(L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
An Act to provide for the establishment, organization, governance, control, regulation and financing of
schools and colleges; to provide for the establishment of the Teachers Council of Malawi; to provide for
the establishment of the Malawi Institute of Education; and to provide for incidental matters thereto
Part I – Preliminary
1. Short title
This Act may be cited as the Education Act.
2. Interpretation
In this Act, unless the context otherwise requires—
“Advisory Council” means a Council established under section 6;
“assisted college” means a college which is maintained in whole or in part by grants-in-aid;
“assisted school” means a school which is maintained in whole or in part by grants-in-aid;
“Board” means the Board of the Malawi Institute of Education;
“Board of Governors” means a Board of Governors established under section 25;
“college” means a teacher training college other than a university established under any written law or
any other university recognized by the Minister;
“Council” means the Teachers' Council of Malawi established under section 57;
“Education Appeals Tribunal” means a tribunal established under section 42;
“Government college” means a college wholly maintained by the Ministry out of public funds;
“Government school” means a school wholly maintained by the Ministry out of public funds;
“Government Teaching Service Commission” has the meaning ascribed to it under the Government
Teaching Service Commission Act;
[Cap. 30:08]
“grant-in-aid” means a grant of money from public funds or the funds of any public authority or local
government authority in aid of any school, college or education activity;
“Institute” means the Malawi Institute of Education established under section 82;
“local government authority” means a District Council, Town Council, Municipal Council or City
Council;
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“maintain”, in relation to a school or college, means to pay the current outgoing expenses of the school
in respect of staff salaries, wages, tuition and boarding costs, rent, repairs, electricity and water supply
and similar expenses;
“manager”, in relation to a school or college, means a person other than the head teacher or principal,
who, on behalf of, or instead of, the proprietor, attends to the maintenance of a school or the
employment and supervision of staff;
“parent”, in relation to a student, includes a guardian, whether by customary law or otherwise, and every
person who has the actual custody of the student;
“primary education” means at least the first seven levels of formal education;
“primary school” means a school at which primary education is provided;
“proprietor”, in relation to a school or college, means the person in whom is vested the ownership,
custody or control of the place at which the school or college is carried on, and of the buildings,
equipment and other things provided for the student attending the school or college and, where such
ownership, custody or control is vested in more than one person, includes both or all of them, and any
person registered as the person authorized to act as a manager on his or their behalf, but shall not include
a landlord or other owner who has no right to immediate possession;
“Register of Schools and Colleges” means the register of schools and colleges established and
maintained in accordance with section 34;
“school” means an institution at which a student receives regular secular instruction whether by
personal tuition or by open and distance learning and any assembly of students for the purpose of
receiving any such regular secular instruction, and any institution or place from which regular secular
instruction emanates, or is imparted by means of open and distance learning, and includes any part of a
school and any playing fields, recreational facilities, workshops, dormitories, kitchens, sick bays, hostels,
laboratories staff quarters and ancillary buildings used in connection with a school, but does not include
—
(a) any institution, assembly or place maintained or approved by a Ministry or Department other than
the Ministry for the purpose of providing specialized instruction; or
(b) any institution, assembly or place in which the instruction is, in the opinion of the Minister,
wholly or mainly of a religious character:
Provided that any class, division or section of any such last mentioned institution, assembly or place in
which instruction is, in the opinion of the Minister, wholly or mainly devoted to secular subjects, shall be
deemed to be a school;
“student” means a person of any age for whom education is provided or is required to be provided under
this Act and any person enrolled on any register of enrollment of persons in attendance at a school or
college maintained in a school or a college;
“teacher” means a person authorized or licensed to teach in accordance with this Act;
“university” means a university established under any written law, and any university recognized by the
Minister by notice published in the Gazette.
3. Application
This Act shall not apply to—
(a) a university;
(b) any education institution which is established, administered, controlled, licensed or supervised
under the provision of any other law;
(c) an institution established by a department of the Government other than the Ministry, except as
may be prescribed by order in consultation with the Minister responsible for the portfolio subject
under such department; and
(d) any other institution that provides education solely of a religious, social or recreational nature.
Part II – Promotion of education
4. General duties and powers of the Minister
(1) It shall be the duty of the Minister to—
(a) promote education for all people in Malawi; irrespective of race, ethnicity, gender, religion,
disability or any other discriminatory characteristics;
(b) formulate policies, plan and manage information systems at national level;
(c) mobilize and allocate resources;
(d) design and develop the national curriculum;
(e) set and maintain national education standards;
(f) monitor, assess and evaluate the education system; and
(g) provide effective mechanisms for a transparent and accountable education system at all
levels.
(2) In the exercise and performance of all the duties and powers conferred and imposed upon the
Minister by this Act, the Minister shall have regard—
(a) to the general guiding principles of access, quality, relevance, efficiency, equality, equity,
liberalization, partnership, decentralization, transparency and accountability; and
(b) in particular, to the general principle that, in so far as is compatible with the provision
of efficient instruction and training and the avoidance of excessive public expenditure,
students are to be educated in accordance with the wishes of their parents.
5. Goals of education in Malawi
(1) The purpose of education in Malawi shall be to equip students with knowledge, skills and values to
be self-reliant, and to contribute to national development.
(2) Without prejudice to the generality of subsection (1), the national goals of the education system in
Malawi shall be to—
(a) promote national unity, patriotism and a spirit of leadership and loyalty to the nation;
(b) develop in the student, respect for the Constitution of Malawi and the principles of good
governance;
(c) inculcate in the student, acceptable moral and ethical behaviour;
(d) develop in the student, an appreciation of one's culture and respect of other people's
culture;
(e) develop in the student, an awareness of appropriate environmental resource utilization and
management practices;
(f) develop in the student, an appreciation of the impact of rapid population growth on the
environment and delivery of social services;
(g) impart vocational and entrepreneurship skills in the student in order to raise personal
income and improve living standards;
(h) develop in the student respect of practical work in order to stimulate industrial
development;
(i) promote equality of educational opportunity for all Malawians by identifying and removing
barriers to achievement;
(j) develop in the student knowledge, understanding and skills needed by Malawians to
compete successfully in the modem and ever-changing world;
(k) develop in the student a spirit of inquiry, independent thinking and problem solving; and
(l) promote innovation and development of appropriate technologies.
Part III – Advisory Council
6. Establishment and powers of the Advisory Council
(1) There is hereby established an Advisory Council to advise the Minister on matters affecting
education.
(2) The powers and functions of the Advisory Council shall be to—
(a) advise the Minister on educational matters upon the Advisory Council’s own initiative or
any question referred to the Advisory Council by the Minister;
(b) monitor and evaluate the implementation of educational policies;
(c) monitor the improvement and maintenance of quality in the education system;
(d) initiate review of overall effectiveness of particular aspects of the education system;
(e) foster public awareness and understanding of education policies;
(f) provide the Minister with professional information and advice for the development and
execution of national policies of education; and
(g) exercise and perform such other powers and functions conferred or imposed upon it by or
under this Act.
7. Composition of the Council and its procedure
(1) The Advisory Council shall, subject to this section, consist of fifteen members who shall hold office
for a period of three years and the members may be eligible for re-appointment at the expiry of
that term for one more term.
(2) The Minister shall, for the purposes of appointing members of the Advisory Council, by notice
in the Gazette, invite bodies or institutions with interest in education to nominate persons for
appointment.
(3) The members of the Advisory Council shall be persons with sufficient interest or experience in the
education sector or in some special aspect of the education sector.
(4) The Chairperson and Vice-Chairperson of the Advisory Council shall be elected from among the
members at the first meeting of the Council.
(5) The Secretary of the Advisory Council shall be an official from the Ministry.
(6) The Advisory Council shall determine its own procedures.
8. Invited persons
The Advisory Council may invite any person or persons to attend any meeting of the Council or any of its
committees and such person or persons may take part in the proceedings of that meeting but shall not be
entitled to vote.
9. Reporting
The Chairperson of the Advisory Council shall report to the Council at each meeting the action taken by
the Minister in any matter on which the Council has advised the Minister.
10. Orders to be published

The order appointing an Advisory Council, and every appointment, revocation of appointment, and
resignation of a member of an Advisory Council, shall be published in the Gazette.
Part IV – Grants and loans in aid of schools and other education institution
11. Expenditure by Minister

The Minister may, from time to time, from public funds available for such purpose—
(a) establish, maintain or make grants or advances on loan in aid of schools or colleges and services
related to education;
(b) maintain or make grants or advances on loan in aid of boarding accommodation, physical training
and recreation at schools and colleges;
(c) maintain or make grants or advances on loan in aid of anybody or persons, institutions or
organizations which promote the education of the people of Malawi or a substantial section
thereof; and
(d) subject to the Technical, Entrepreneurial and Vocational Education and Training Act or any
other written law, make grants or advances on loan in aid of any person who provides technical
instruction by way of an apprenticeship scheme or otherwise.
[Cap. 55:07]
Part V – Primary education
12. Provision of primary education
(1) The provision of primary education shall be the responsibility of the local government authority
for the area over which it exercises its jurisdiction.
(2) Notwithstanding subsection (1), a local government authority may enter into an agreement with
another local government authority to administer and manage primary schools in the jurisdiction
of the other local government authority.
13. Free and compulsory primary education

The provision of primary education in Government schools shall be free of tuition to all and compulsory
for every child below eighteen years of age.
14. Appointment of education committees
(1) Every local government authority shall appoint an education committee to which it shall refer all
matters relating to the performance of its duties and exercise of its powers under this Act.
(2) Every local government authority shall appoint an officer to be secretary to the committee.
(3) A committee appointed under subsection (1) shall submit quarterly and specific reports to the local
government authority.
(4) Every local government authority shall consider a report from its education committee before
exercising any of its powers under this Act.
15. Duties of local government authorities

The duties of a local government authority shall be to—
(a) implement the Government primary education policy in its area of jurisdiction;
(b) estimate the immediate and prospective needs of its area in respect of primary schools and
primary education and the financial and other resources available for the establishment,
maintenance, staffing and other requirements of such schools;
(c) prepare and submit to the Minister a plan (in this Act referred to as a “development plan”)
within such time and in such form as the Minister may direct, showing the action which the local
government authority proposes should be taken for furthering primary education in its area and
to prepare and submit to the Minister further development plans from time to time whenever
required by the Minister, and to carry into effect development plans for its area published by the
Minister;
(d) provide such funds as are available to it for the establishment and maintenance of primary schools,
educational services related to primary education, physical training and recreation at primary
schools and other expenses of primary education in its area in accordance with the primary
education development plan for its area as the local education authority shall publish from time to
time;
(e) exercise control, in accordance with this Act and any subsidiary legislation made under this
Act, over primary schools in its area, to allocate funds provided for such schools and to control
expenditure in accordance with estimates approved under any written law applicable to the
authority and, in particular, to ensure that money provided by or through such local government
authority for a particular purpose at any school is so used or is refunded;
(f) prepare and submit to the National Local Government Finance Committee established under
the Local Government Act annual estimates of revenue and expenditure in respect of matters
relating to primary education in its area in such form as the National Local Government Finance
Committee may, by rule, prescribe;
[Cap. 22:01]
(g) compile financial records and keep such financial books and other documents, and make such
returns in respect of financial and other matters relating to primary education as the National
Local Government Finance Committee, with the concurrence of the Minister responsible for
Finance, may prescribe;
(h) comply with all policies adopted and guidelines issued by the Minister in accordance with powers
conferred on him by this Act; and
(i) make recommendations to the Minister with respect to the ownership, management and
registration of private primary schools.
16. Development plans
(1) A development plan shall cover such period as a local government authority may in any case decide
and may provide for all matters in respect of which the local government authority has duties and
powers.
(2) In the preparation of its development plan, a local government authority shall consult the
proprietors or persons representing the proprietors of all schools other than schools maintained
by the local government authority which would, in the opinion of the local government authority,
be affected by the execution of the plan and shall, after preparing the plan as soon as practicable
furnish to the proprietors of every school such particulars relating to the plan as are sufficient to
show the manner in which the school would be affected by the execution thereof.
(3) Where a development plan has been prepared under this section, a local government authority
shall, if it is of the opinion that no particulars or insufficient particulars of the plan have been
furnished to any person who, in its opinion, would be affected by the execution of the plan, give
such directions as it considers expedient for securing that sufficient particulars are so furnished.
(4) A local government authority shall make available a copy of the development plan to the
proprietor of every primary school in its area.
17. Powers of local government authorities

For the purposes of fulfilling its duties under this Act, every local government authority shall have power
to—
(a) receive subvention or sums of money as Parliament shall appropriate for the purpose of primary
education;
(b) seek and receive, with the approval of the Minister responsible for Finance, grants-in-aid from
public or private funds;
(c) allocate funds for the establishment and maintenance of primary schools, educational services
related to primary education, physical training and recreation at primary schools in its area;
(d) provide funds for scholarships and bursaries for maintenance and transport of pupils attending
courses of instruction approved by the Minister within its area or outside;
(e) determine the siting and establishment of primary schools, through the education development
plan or otherwise,
(f) require a proprietor of any primary school in its area to provide such information regarding the
staff, students, classes and equipment of such school, the fees payable and received for tuition,
boarding and otherwise, the funds available for maintenance and expansion of such schools and all
such other information as it may require for the purpose of the preparation of development plans;
(g) allocate, in accordance with regulations made under this Act, funds provided by the Minister for
primary schools in its area;
(h) maintain primary schools in its area, educational services related to primary education, physical
training and recreation connected herewith;
(i) where it is justifiable, withhold any grant-in-aid to any assisted primary schools;
(j) inspect the buildings, furniture and equipment of and records, books and accounts kept at all
primary schools in its area, report to the Minister the result of such inspections, and take steps to
remedy any faults found; and
(k) attend to the performance of all its other duties under this Act or under any subsidiary legislation
made under this Act.
18. Composition of education committee
(1) Every education committee shall consist of such number of members as may be appointed by a
local government authority from time to time.
(2) A chairperson of the committee shall be elected from among its members at the first meeting of
the committee.
(3) A local government authority may, by simple majority resolution, remove from the membership
of the committee, any member of the committee on reasonable grounds of which the member has
had written notice of not less than twenty-one days.
(4) Vacancies in the committee may be filled from time to time by appointing members from the local
government authority.
(5) An officer appointed as secretary of the committee shall attend all meetings of the committee but
shall not be entitled to vote.
(6) An education committee may, where necessary co-opt any person to attend a meeting of the
education committee but such a person shall not be entitled to vote.
19. Delegation of duties and powers of education committees
(1) Every local government authority may delegate the performance of its duties under section 15 (a),
(b), (c), (e) and (g), and the exercise of its powers under section 17 (b), (d), (e), (f), (j), and (h), to its
education committee.
(2) The education committee of a local government authority shall prepare for the approval of the
local government authority—
(a) draft annual estimates of revenue and expenditure in respect of matters relating to primary
education in the area of the authority; and
(b) draft development plans.
20. Duties of secretary

A secretary of an education committee shall—
(a) undertake the preliminary preparation of the work of the committee, including the preparation of
estimates, education development plans, reports and other documents;
(b) carry out school inspections on behalf of the committee;
(c) take such other executive action as a local government authority or the committee may lawfully
direct;
(d) when required, assist and advise school management committees and proprietors of primary
schools;
(e) interpret Government educational policy to the local government authority and the committee;
and
(f) carry out any other functions which the local government authority may direct.
21. Establishment of school management committee
(1) Each local government authority shall establish a school management committee in respect of a
Government primary school or assisted primary school.
(2) In establishing the school management committee, the local government authority shall ensure
that—
(a) the community served by the school is represented;
(b) where applicable, the proprietor who established the school is represented; and
(c) there is a representative of the local government authority.
(3) The local government authority may co-opt, on the committee persons who are not members of
the committee but where a matter is to be decided through a vote, the co-opted persons shall not
be entitled to vote.
22. Notice to be published

The Minister shall, by a notice published in the Gazette, provide for—
(a) the number of members of a school management committee;
(b) the membership representing the proprietor, a local government authority and the parents of
students or the communities served by the school or group of schools;
(c) the tenure of office of the members and the method of ensuring continuity of membership of the
committee;
(d) the revocation of the appointment of, the retirement and resignation of members of the committee
and the appointment of new members and of temporary members in the case of absence or
inability to act of any member;
(e) the co-option on the committee of persons who are not members; and
(f) such other matters as the Minister may prescribe in respect of the constitution, functions or
procedure of the committee.
23. Functions of school management committee
(1) Subject to this Act, the function of a school management committee shall be to assist in certain
aspects of management and to advise a local government authority on any matter the committee
deems appropriate.
(2) Without prejudice to the generality of subsection (1), the functions of the school management
committee shall be to—
(a) observe the attendance and punctuality of teachers and students and advise the proprietor
on the times at which the school session shall begin and end on any day;
(b) advise the proprietor on the appointment, supervision and dismissal of any non-teaching
staff;
(c) advise the proprietor on the appointment, resignation or dismissal of any teacher from the
school;
(d) satisfy itself as to the maintenance of the school fabric and the provision of school furniture
and equipment to the standards approved by a competent authority;
(e) satisfy itself as to the implementation of reports by inspecting officers, where the reports
relate to any matter mentioned in this subsection;
(f) advise the proprietor on the provision of religious instruction to an agreed syllabus, which
in the case of schools established by a religious body, shall be in accordance with the
tradition of the religious body;
(g) satisfy itself as to the proper payment of salaries to teachers;
(h) consider and advise the proprietor whether the conduct of the school is generally in
accordance with the wishes of the parents; and
(i) advise the proprietor on the admission or refusal of students.
24. Obstruction of school management committee

If a local government authority is satisfied that a proprietor of an assisted school is obstructing the work
of a school management committee, the local government authority may suspend payment of any money
due to be paid from public funds to that school.
Part VI – Management of secondary schools and colleges
25. Management of Government secondary schools and colleges
(1) The management of Government secondary schools and Government colleges shall be under the
control of the Minister.
(2) The Minister may, where he considers such action desirable for the improvement of education,
by order published in the Gazette, establish a Board of Governors for any Government secondary
school Functions of school management committee or college or group of Government secondary
schools or Government colleges.
(3) A Board of Governors established under subsection (2) shall have such powers and duties as are set
out in the order by which it is established, and shall, subject to section 26, be composed of such
persons as the Minister may determine.
26. Content of order establishing a Board of Governors
(1) An order establishing a Board of Governors under section 25 shall provide for—
(a) the Board's exercise of the duty of management of a secondary school or a college or
group of secondary schools or colleges specified in the order subject to such limitations or
restrictions as may be so specified;
(b) the number of members of the Board;
(c) the representation on the Board of the Ministry, parents of students, the community or
communities served by the secondary school or college or group of secondary schools or
colleges and such bodies or organizations as, in the opinion of the Minister, are necessary to
be represented on the Board;
(d) the method by which continuity of membership of the Board will be provided;
(e) the revocation of the appointment of, the retirement and resignation of members of the
Board and the appointment of new members and of temporary members in case of absence
or inability to act of any members thereof; and
(f) such other matters as the Minister may consider necessary in respect of the constitution,
functions or procedure of the Board.
(2) A Board of Governors established under subsection (1) shall be a body corporate, if the order
by which it is established so provides, by the name of the Board specified in such order, with
perpetual succession and may sue and be sued in its name and shall have power to enter into
contracts and to own land.
(3) With the consent of the Minister responsible for Finance, any such order or any subsequent order
may vest in such body corporate any property used for the purposes of any school or college
affected by the order.
(4) An order made under this section may be added to, varied, or revoked by the Minister at any time.
(5) Where any property is vested in a Board of Governors, the order vesting the property shall provide
for the responsibilities, duties and powers of the Board in respect of the use of such property at
times when it is not required to be used for purposes of education.
27. Responsibilities of proprietor of a secondary school or college
(1) The responsibility for the management of a secondary school or college other than Government
owned, shall rest on the proprietor.
(2) In cases where the proprietor of a secondary school or a college consists of more than one person,
all such persons shall be jointly and severally responsible for the management of the secondary
school or the college and each shall be responsible for the acts and omissions of the others relating
to such management.
(3) The proprietor may, with the written consent of the Minister, and subject to the provisions of
Part VII relating to registration, appoint a suitable and qualified person as manager to perform
his duties during the temporary absence of the proprietor from Malawi or in other circumstances
approved by the Minister.
(4) The appointment of a manager shall in no way relieve or excuse the proprietor from his
responsibilities and liabilities under this Act.
(5) Any proprietor who would have been liable under this Act to any penalty for anything done or
omitted to be done, if such a thing had been done or omitted to be done by him personally, shall
be liable to the same penalty if such thing has been done or has been omitted to be done by his co-
proprietor, manager, servant or agent.
28. Board of Governors of assisted secondary schools and colleges
(1) Where, in the opinion of the Minister, it is desirable that a Board of Governors should be set
up to manage an assisted secondary school or assisted college or a group of assisted secondary
schools or assisted colleges, he shall consult the proprietor, of the secondary school or college or
proprietors of the group of secondary schools or colleges, as the case may be, for that purpose.
(2) Where, in the opinion of the proprietor of any assisted secondary school or assisted college or
group of assisted secondary schools or assisted colleges, it is desirable that a Board of Governors
be set up to manage the secondary school or college or group of secondary schools or colleges,
the proprietor or proprietors as the case may be, shall submit a proposal for that purpose to the
Minister.
(3) The Minister may, by order published in the Gazette, establish a Board of Governors for a secondary
school or college or group of secondary schools or colleges to which such proposals relate in
accordance with any agreement which may be reached between him and the proprietor.
29. Contents of order, assisted secondary schools or colleges
(1) An order establishing a Board of Governors under section 28 shall provide for—
(a) the name of the Board;
(b) the Board’s exercise of the duty of management of the secondary school or college or
group of secondary schools or colleges specified in the order, subject to such limitations or
restrictions as may be specified;
(c) the membership of the Board, including representation on the Board of the Ministry,
the proprietor, parents of the students, or the community or communities served by the
secondary school or college or group of secondary schools or colleges, and such bodies or
organizations as may be agreed upon by the Minister and the proprietor all in such numbers
and proportions as may be so agreed;
(d) the method by which the continuity of the membership of the Board may be provided;
(e) the revocation of the appointment of, the retirement and resignation of members of the
Board and the appointment of new members thereof and of temporary members thereof in
case of absence or inability to act of any members thereof;
(f) the respective responsibilities, duties and powers of the Board and of the persons, if any,
in whom any land or other property is vested in trust for or for the benefit of any secondary
school or college affected by the order and in respect of the use of the buildings and grounds
of any such secondary school or college at times when they are not required to be used for
purposes of education; and
(g) such other matters as the Minister may, in agreement with the proprietor, consider
necessary in respect of the constitution, functions or procedure of the Board.
(2) A Board of Governors established under subsection (1) shall be a body corporate, if the order by
which it is established so provides, by the name of the Board specified in the order, with perpetual
succession and may sue and be sued in its name and shall have power to enter into contracts and
to own land.
(3) An order under section 28 may vest all or any property of the proprietor in the Board of Governors
or in the trustees of the secondary school or college, or group of secondary schools or colleges
thereby affected.
(4) In any case in which property is or remains vested in the trustees of a secondary school or college
or group of secondary schools or colleges, the order establishing a Board of Governors thereof
may provide that the Board shall have the sole responsibility for management of the secondary
school or college or group of secondary schools or colleges and in such case the trustees shall,
notwithstanding any other provision of this Act, be under no liability as proprietors for any act or
omission in relation to the management of the secondary school or college or group of secondary
schools or colleges by the Board of Governors thereof, who shall be solely responsible for their own
acts and omissions.
(5) An order made under section 28 may be varied or added to by the Minister at any time with
the agreement of the proprietor or proprietors of the secondary school or college or group of
secondary schools or colleges thereby affected:
Provided that if such proprietor or proprietors have died or ceased to exist, such variation or
addition may be made without any such agreement.
30. Stamping and registration
(1) An order made under section 25 or 28 by which any property is vested shall not be liable to stamp
duty and any officer concerned with the registration of title, or documents relating to the title of
the land affected by such order shall, at the request of the Minister, register the same or a copy
thereof without payment of any fee:
Provided that the order or copy shall not be presented for registration except in accordance with
the regulations and forms ordinarily governing registration in such registry.
Part VII – Establishment, classification and registration of schools and colleges
31. Establishment of Government schools and colleges
(1) The Minister may, for the purpose of discharging his functions under this Act, establish and
maintain such Government schools and Government colleges for the provision of education.
(2) The establishment of a Government school or a college other than a school providing primary
education, may include the establishment or provision of hostels and other buildings for the
boarding of students and housing of teachers, as the case may be.
32. Establishment of private schools or colleges
(1) Subject to subsection (2), any person may establish and maintain a private school or college at his
own cost and expense.
(2) No school or college other than a Government school or Government college shall be established
except with the approval of the Minister.
33. Classification of schools or colleges

All schools and colleges shall be classified as follows—
(a) Government school or Government college;
(b) assisted school or assisted college; and
(c) private school or private college.
34. Registration of schools and colleges
(1) The Minister shall cause to be established and maintained in the prescribed form, a Register of
Schools and Colleges, in which shall be entered the particulars required or permitted under this
Act or any subsidiary legislation made under this Act.
(2) For the purposes of such Register, a system of classification shall be adopted which distinguish
schools offering primary education from other schools.
35. Duty of proprietor to conform to registered particulars
(1) The education provided in any school or college shall be in accordance with the particulars, from
time to time, registered in respect of such school.
(2) Any proprietor of a school or college, who refers to such school or college in any correspondence,
advertisement or literature of any sort or description in such manner as to suggest that the
school or the college is of a type or classification other than that in which it is, for the time being,
registered under this Part, commits an offence.
(3) The proprietor of any school or college who does any act calculated to lead to the belief that the
school or the college is registered while it is not registered under this Act commits an offence.
36. Procedure for establishing a school or college
(1) Any person desirous of establishing a school or college shall first apply to the Minister for the
registration thereof, in accordance with section 34 and any subsidiary legislation made under this
Act.
(2) The Minister may, refuse any application for registration of a school or college if any of the
conditions specified in subsection (3) or any other condition under this Act is not satisfied.
(3) The Minister shall register a school or college, if he is satisfied—
(a) that the school or college and any hostel premises or other facilities provided or to be
provided at the school or college, are suitable and adequate in accordance with the
prescribed minimum requirements applicable to a school or college;
(b) that the proprietor is—
(i) a resident of Malawi; and
(ii) a fit and proper person to be responsible for a school or college of the classification
and type in respect of which the application is made; and
(c) with the undertaking of the proprietor that—
(i) adequate financial provision has been made or guaranteed for the maintenance of the
school or college for a reasonable period;
(ii) the teaching staff to be employed at the school or college are sufficiently qualified for
the purpose of efficient provision of quality education; and
(iii) the school or college shall not impose restrictions of whatever nature with respect to
the admission of students, recruitment and appointment of staff.
(4) No person shall erect any building intended for use as a school or college before he first obtains an
approval from the Minister or a local government authority, as the case may be.
(5) No person shall enroll any student in a school or college before he first registers the school of the
college under this Act.
37. Application for registration of a school or college

A person who wishes to establish a school or college shall apply in writing to the Minister for the
registration of a school or college in the prescribed manner and shall give particulars regarding—
(a) the classification of the school or the college sought to be established;
(b) the standards, forms and classes to be provided; and
(c) the name(s) and address of the proprietor or proprietors of the school or the college.
38. Variation of establishment
(1) A proprietor of a school or college shall ensure that no variation in the establishment of the school
or college takes place without the prior written approval of the Minister.
(2) In this Part, the expression “variation in the establishment of a school or college” includes—
(a) the provision of any nature, type or form of education different from the nature, type or
form of education particulars of which have been registered in respect of such school or
college in the Register of Schools and Colleges;
(b) the provision of any class, standard or form additional to those of which particulars have
been entered in the Register of Schools and Colleges, whether or not such class, standard or
form is in parallel to any registered class, standard or form in the school or college;
(c) the alteration of any qualification for admission to the school or college;
(d) the transfer of the school or the college to a new site; or
(e) any change in or transfer or proprietorship or ownership of the school or the college
including the admission of a partner or new partner, death or retirement of any proprietor
or partner and the appointment or change of any manager.
(3) An application for variation in the establishment of a school or college shall be made in the
manner prescribed under this Act.
(4) The Minister may refuse any such application and shall give reasons for the refusal.
(5) Upon approval of a variation in the establishment of a school or college, the Minister shall issue a
new certificate of registration in respect of the school or college.
39. Register of Schools and Colleges, publication and inspection thereof
(1) the Minister shall establish and maintain in such form as he deems fit, a Register of Schools and
Colleges.
(2) The Minister shall, at least once every year, cause to be published in the Gazette and at least in
one local newspaper with wide circulation, the names of schools or colleges for the time being
registered under this Part.
(3) The Register of Schools and Colleges shall be open for inspection at the offices of the Ministry by
the general public at all reasonable times and the Ministry shall disseminate copies of the Register
to all local government authorities for similar purposes.
40. De-registration of a school or college

Upon the cancellation of the registration of any school or college, the Minister shall cause notice of such
cancellation to be published in the Gazette and at least in one local newspaper with wide circulation.
41. Complaints
(1) If, after an inspection conducted at school or college under section 48 following a complaint
lodged by any person regarding a school or college and the Minister is satisfied that the school or
college is objectionable upon all or any of the grounds of complaint set out in subsection (3), the
Minister shall by notice in writing inform the proprietor of the school or the college accordingly
the measure necessary to remedy the matters complained of within such period, not being more
than six months from the date of service of the notice.
(2) The notice shall also state whether the school or the college should be closed, where applicable,
or payment of grants-in-aid be withheld or postponed if the measures necessary to remedy the
complaint are not taken.
(3) The following may be grounds of complaint—
(a) that the school or the college is redundant having regard to the development plan for the
area in which the school or college is situated;
(b) that the school or the college premises or any part thereof are unsuitable for a school or
college;
(c) that the accommodation provided at the school or the college premises is inadequate or
unsuitable having regard to the number, age and sex of the students attending the school or
the college;
(d) that efficient and suitable instruction is not being provided at the school or the college
having regard to the age and sex of the students attending the school or the college;
(e) that the proprietor of the school or the college or any teacher employed therein is not a fit
and proper person to be the proprietor of a school or college or to be a teacher in any school
or college, as the case may be;
(f) that the curriculum approved by the Minister is persistently and materially departed from at
the school or the college;
(g) that there is no adequate supervision and control of staff; or
(h) that there has been an infringement of section 35 (1).
(4) If it is alleged by any notice of complaint served under this section that any person employed as
a teacher at the school or college is not a fit and proper person to be a teacher in any school or
college, that person shall be named in the notice and the particulars contained in the notice shall
specify the grounds of the allegation, and a copy of the notice shall be served upon him.
(5) Every notice of complaint served on a proprietor under this section shall limit the time, not being
less than thirty days after the service of the notice or copy, within which the complaint may be
referred to the Education Appeals Tribunal appointed under section 42.
(6) Any proprietor upon whom a notice of complaint is served under this section may, within the time
limited by the notice, refer the notice to the Education Appeals Tribunal in such manner as may be
provided by rules made under this Act.
(7) Any teacher named in a notice of complaint may refer the complaint to the Government Teaching
Service Commission in accordance with rules made under the Government Teaching Service
Commission Act.
[Cap. 30:08]
42. Education Appeals Tribunal
(1) There is hereby established an Education Appeals Tribunal appointed by the Minister on
recommendation from the Government Teaching Service Commission.
(2) Members of the Education Appeals Tribunal shall elect a chairperson and a vice-chairperson from
among their number at the first meeting of the Education Appeals Tribunal.
(3) The Minister may make rules with respect to the hearing of complaints by the Education Appeals
Tribunal and subject thereto the Education Appeals Tribunal shall have powers to determine its
own procedure.
(4) The Minister may make such financial provision as he may think fit for—
(a) the appointment of a secretary and other staff, if any, for the Education Appeals Tribunal;
(b) the remuneration of members of the Education Appeals Tribunal and reimbursement of
their expenses; and
(c) defraying of any reasonable expenses incurred by the Education Appeals Tribunal.
(5) Any sum payable under any provision made by the Minister under subsection (4) shall be paid out
of money provided by Parliament.
43. Powers of the Education Appeals Tribunal

Where a notice of complaint under section 41 is referred to the Education Appeals Tribunal, the Tribunal
shall, after affording all parties concerned an opportunity to be heard, and after considering such
evidence as may be tendered by them or on their behalf, have power—
(a) to order that the complaint be dismissed;
(b) to order that the school or the college in respect of which the notice of complaint was served be
closed;
(c) to order that the school or the college be closed unless the requirements of the notice, subject to
such modifications, if any, as may be specified in the order are complied with to the satisfaction of
the Minister before the expiration of such time as may be specified in the order; or
(d) if the complaint relates to a teacher, to direct that the consideration of the complaint so far as
it relates to the school or college, be postponed until any reference by the teacher named in the
complaint, to the Government Teaching Service Commission has been disposed of.
44. Power to close schools or colleges
(1) The Minister may order any school or college to be closed in any case where he is satisfied that—
(a) a notice of complaint regarding the school or college, which has been duly served under
section 41, has not been duly referred to the Education Appeals Tribunal and that the
matters complained of have not been remedied within the time limited by the notice of
complaint, or that the notice stated that a matter complained of was irremediable;
(b) the school or college is being conducted in a manner detrimental to the physical, mental or
moral welfare of the students attending such school or college;
(c) any instruction at the school or college is being imparted to any student which is prejudicial
to peace, good order or good government;
(d) any publication which is for the time being declared to be unsuitable for use in schools or
colleges or any copy or extract thereof, has been used or referred to in, or in the course of,
any instruction given in the school or college; or
(e) the school or the college is not registered under this Act:
Provided that the Minister shall not order the school or the college to be closed on the
ground set out in section 41 (3) (a) if, in the notice of complaint, it was stated that in the
Minister’s opinion the appropriate action would be the withholding or postponement of
payment of grant-in-aid, in such a case the Minister may withhold or postpone payment of
any grant to the school or college.
(2) The Minister may order the re-opening of a school or college closed under this section where—
(a) a proprietor of the school or college complies with the notice of complaint; and
(b) the school or college has remained closed for a period of less than six months.
(3) The proprietor of any school or college ordered to be closed under this section may appeal against
such order to the Education Appeals Tribunal in accordance with rules made under this Act.
45. Power to re-open school or college and payment of compensation
(1) In any case where—
(a) a school or college has been ordered to be closed under section 43 or 44 and, if any appeal is
permissible, the time for an appeal under section 44 has expired without any appeal having
been made in accordance with section 44 (3); or
(b) a school or college has remained closed for a consecutive period of six months, and it
appears to the Minister to be in the public interest that the school or college should be
re-opened, the Minister may, by notice in writing, inform the proprietor of the school
or the college of his intention to take possession of the school or college and thereafter
the Minister may take possession thereof and make arrangements for the re-opening and
management of the school or college as provided in section 46.
(2) A notice under subsection (1)—
(a) shall require the proprietor of the school or the college to hand over to a Ministry officer
designated in such notice, the school or the college and all moveable and immovable
property usually used, at the date of the order closing the school or the college, in
connexion with the school or the college on a date specified in such notice being not less
than one month from the date of service of the notice; or
(b) may offer a sum by way of compensation or may propose a means by which the amount
of compensation may be settled and shall require the proprietor to make a claim for
compensation within such time not being less than three months as is stated in the notice if
he does not accept the Minister's offer or proposal.
(3) As soon as convenient after service of a notice under subsections (1) and (2) the Minister shall
publish in the Gazette a declaration that the school or college is required for a public purpose.
(4) If, within the time stated in the notice under subsection (2), the proprietor does not accept the
offer or proposal made in the notice—
(a) but does claim compensation, the payment of compensation shall be governed by
subsections (5) to (12); and
(b) does not claim compensation, the amount, if any, offered by way of compensation in the
notice shall be the amount payable by way of compensation and may be paid to such person
and in such manner as is provided in the Lands Acquisition Act.
[Cap. 58:04]
(5) Subject to the prior provisions of this section, the Lands Acquisition Act shall apply to the
acquisition of the school or the college and payment of compensation in respect thereof with
following variations—
(a) a notice and declaration under this section shall be deemed to be a notice and declaration
under section 5 of the Lands Acquisition Act;
[Cap. 58:04]
(b) section 9 of the Lands Acquisition Act shall be subject to this section;
[Cap. 58:04]
(c) compensation shall not be payable in respect of any property or part of any property to the
extent that such property or part thereof was purchased or constructed out of public funds,
in such cases subsection (8) shall apply.
[Cap. 58:04]
(6) In any case where the property handed over to, or taken by the Minister under this Part consists
of or includes moveable property used in connection with the school or the college, the
compensation payable in respect of such moveable property shall be limited to the value of the
moveable property that was not purchased out of public funds.
(7) Subject to subsection (6), compensation for moveable property shall be a sum equal to the price
which the proprietor thereof could, immediately before the service of notice, under subsection (1),
have reasonably been expected to obtain upon a sale of such moveable property on the basis of a
willing seller and willing purchaser, regard being had to the condition of the property at the time
when possession is obtained by the Minister.
(8) Where a dispute arises regarding the amount of compensation payable under subsection (6), such
dispute may, if the court considers it convenient, be heard and determined at the same time as
proceedings in relation to the acquisition of land forming part of the school or college.
(9) In any case where compensation is payable in respect of any property which was purchased or
constructed partly out of funds provided by the proprietor and partly out of public funds the
amount of compensation payable shall be a proportion of the value of the property equal to the
proportion of the total cost provided by the proprietor.
(10) In all proceedings under this section, the onus of proving the total cost of the property and the
amount contributed by the proprietor shall be on the person claiming compensation and the
phrase “public funds” shall throughout this section be deemed to include the value of any labour
and materials voluntarily contributed by the people in the district in which the school or college is
situated.
(11) Where any dispute arises regarding the persons entitled to compensation under this section, the
fact that any person is registered as proprietor in the Register of Schools and Colleges shall not be
conclusive evidence of title to the land.
(12) Where a dispute arises regarding ownership of any moveable property before compensation is paid,
the dispute shall be decided by the court and the Minister may pay into court the sum awarded, as
compensation and such payment into court shall be a complete discharge to the Minister from his
obligations to pay compensation.
(13) Where no dispute regarding ownership of moveable property has arisen before the compensation
agreed or awarded therefore has been paid to the person registered as proprietor in the Register
of Schools and Colleges, the receipt by the registered proprietor shall be a complete discharge
to the Minister from his obligations to pay compensation but shall not hinder any subsequent
proceedings by any other person claiming to have a better right thereto against the person to
whom such payment has been made.
46. Minister to handover possession to local government authority

Where the Minister takes over possession of a primary school under this Act, he shall, within a period
of six months, handover the school to a local government authority of the area in which the school is
situated.
47. Power to take possession
(1) For the purpose of re-opening a school or college under section 45, the Minister may, if the school
or the college or any part thereof is not handed over in accordance with the notice under that
section—
(a) take possession of the school or the college and the site thereof including any land usually
used for educational and recreational purposes in connexion with the school or the college
before the school or the college was closed;
(b) take possession of any movable property which is then in the school or the college or was in
the school or the college at the date of the order closing the school or the college, and was
usually used in connection with the school or the college;
(c) subject to the Waterworks Act, take water for the purpose of the school or the college from
any source of supply whether natural or artificial;
(d) do, or authorize the doing, in relation to such school or college, anything which a person
being the absolute owner thereof would be entitled to do by virtue of such ownership;
(e) make any arrangements, including the payment of managers or a managing body with such
powers as he may think fit to vest in him or them, in relation to the management of the
school or college;
(f) give such directions as appears to him to be necessary or expedient in respect of any of the
foregoing matters and which he is authorized to give under this Act or any rules made under
this Act; and
(g) request any person who was, at the date of the order closing the school or the college,
using or in occupation or possession of such school or college, school or college site, land,
movable property or source of water supply, to furnish in relation thereto such information
as may be in his possession to such persons or authority as may be specified in the request.
(2) Any police officer may, on written request by the Minister for assistance, give assistance to the
Minister in implementing this section and may for that purpose use such force as appears to him
reasonably necessary.
(3) Where the Minister takes possession of any movable property under the powers conferred by
subsection (1), he may use or deal with, or authorize the use of, or dealing with, the property in
such manner as he thinks fit, and may hold or sell or otherwise dispose of such property as if the
Government were the absolute owner thereof:
Provided that any such property which is proved to the satisfaction of the Minister to belong to any
member of the former staff of the school or the college shall be returned to the owner if claimed
within two months from the date when possession was taken.
(4) Where the source of any water supply or other utilities is the property of any statutory undertaker,
water or other utilities shall not be taken from such source except with the consent of such
statutory undertaker.
(5) Any person who—
(a) hinders or obstructs the Minister or any Ministry officer acting in the course of his duty, or
any person exercising powers, or performing duties conferred or imposed, by or under this
section; or
(b) fails to comply with any request made to him under subsection (1) (g),
commits an offence and shall, upon conviction, be liable to a fine of K100,000 and to imprisonment
for two years.
48. Failure to close school or college

Any proprietor who fails to close, in accordance with this Act, a school or college ordered to be closed
under section 43 or 45 commits an offence and shall, upon conviction, be liable to a fine of K l, 000, 000
and in default of payment to imprisonment for five years, and to a further fine of K 100, 000 for each day
on which the offence continues after conviction therefor and, of such further fine, or imprisonment for
such period as is prescribed by the Penal Code.
[Cap. 7:01]
49. Unsuitable publications
(1) The Minister may by notice published in the Gazette declare any publications or periodical
publication to be unsuitable for use in schools or in colleges, and such a declaration made in
respect of a periodical publication shall include past and future issues thereof unless otherwise
specified.
(2) For the purposes of this section, the expressions “publication” and “periodical publication”
have the meanings assigned to them respectively by section 45 of the Penal Code, and such a
declaration as aforesaid shall be deemed to extend to all copies and translations, in whatsoever
language, of such publication or periodical publication.
[Cap. 7:01]
Part VIII – Inspection of schools and colleges
50. Appointment of inspectors
(1) There shall be appointed, by name or office, public officers each of whom shall perform the
functions of an inspector of schools and colleges.
(2) Any person appointed under subsection (1) shall have relevant qualifications and not less than ten
years experience in teaching, administration and management of an education institution.
51. Inspection of schools and colleges
(1) The Minister shall cause any school or college to be inspected by an inspector for the purposes of
ensuring that the school or college complies with this Act and of ascertaining whether that school
or college is being properly and efficiently conducted.
(2) Every inspector shall make a report in respect of every school or college inspected with respect to
such matters as the Minister may require him to report upon.
(3) An inspector shall make available a copy of the inspection report send to the Minister under
this section to the school or college concerned, and in case of a primary school, to the local
government authority responsible for the area in which the primary school is situated.
52. Functions of an inspector

An inspector shall—
(a) promote the highest standards of quality in the provision of education;
(b) keep the Minister informed of the state of the education service and ensure that the State is
getting value for the money it spends on education;
(c) ensure compliance with the provisions of this Act;
(d) act as a facilitator and guide to teachers in the teaching and learning process;
(e) participate in the development and revision of the curriculum; and
(f) recommend to the Minister priorities for the continued training of teachers.
53. Powers of inspector
(1) An inspector may—
(a) at all reasonable times, enter the premises of any school or college or any place in which it
is reasonably suspected that a school or college is conducted;
(b) enter any premises upon which he has reason to suspect that an offence against this Act has
been or is being committed;
(c) after entering the premises of any school or college, require any manager, principal or
teacher to produce any book, document or other article or to furnish any information
relating to the administration or management of or teaching or activities in the school or
college;
(d) remove for further examination any book, document or other article which he has reason
to suspect is evidence of the commission of an offence against this Act or of grounds for
cancellation of the registration of the school or college or of any teacher in the school or
college;
(e) make an entry in the school or college log book recording the date of inspection and such
remarks as the inspector desires to make; and
(f) do such other things or acts as may be necessary for the furtherance of the purpose of
inspection.
(2) Any person who, in any way, hinders or obstructs an inspector lawfully entering and making an
inspection at any school or college under subsection (1) commits an offence and, upon conviction,
shall be liable to a fine of K100,000 and to imprisonment for (12) twelve months.
54. General duties of proprietor
(1) A proprietor of every school or college shall conduct the school or college in accordance with this
Act and with any subsidiary legislation made under this Act and shall obey the lawful directions
and requirements of the Minister given and made under the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the proprietor shall—
(a) keep a record in such form as may be prescribed, of teachers employed at the school or the
college showing their qualifications;
(b) ensure that the school or college is properly conducted and follows a curriculum approved
by the Minister;
(c) ensure that the head teacher keeps a register of enrollment of students and register of their
daily attendance in such form as may be prescribed;
(d) furnish to the Minister and persons or bodies designated by him such statistical information
and other returns as he or they may require;
(e) ensure that funds provided by Government or any local government authority for any
purpose at the school or college are expended for the purpose specified or are refunded; and
(f) ensure that National Examinations are conducted in accordance with the Malawi National
Examination Board Act or any other written law as may be applicable.
[Cap. 30:04]
(3) The proprietor of every assisted school or assisted college shall ensure that the salaries and
conditions of service of teachers employed by him are in accordance with any subsidiary legislation
made by the Minister under this Act.
(4) The proprietor of any school or college who fails to comply with any of the requirements of
this section commits an offence and shall, upon conviction, be liable to a fine of K300,000 and
imprisonment for two years.
55. Conducting school or college without consent of Minister

Any person who, without the prior consent in writing of the Minister, owns or conducts a school or
college or acts as manager for a school or a college commits an offence and shall be liable to a fine of
K1,000,000 and to imprisonment for five years.
56. Refund of grant in certain cases
(1) The proprietor of a school or a college shall be liable to refund the whole of any grant-in-aid made
to the school or college if it is found that the grant made was greater in amount than it should have
been owing to any misrepresentation or false return made by the proprietor.
(2) In the event of it being found that any grant-in-aid made was greater in amount than it should
have been owing to a bona fide mistake on the part of the proprietor, the excess amount only shall
be refunded and may, at the discretion of the Minister, be deducted from the grant next payable to
such proprietor or manager.
(3) In any case where any grant-in-aid is made to a school or college for a specific purpose and that
purpose is not carried out the grant shall be refunded.
Part IX – Establishment of the Teachers

Council of Malawi and Registration of Teachers
57. Establishment of Council

There is hereby established the Teachers Council of Malawi, (hereinafter referred to as “the Council”),
which shall be a body corporate having perpetual succession and common seal and shall, under that
name, be capable of suing and being sued and of purchasing or otherwise acquiring, holding and
alienating movable or immovable property and subject to the provisions of this Act, of performing all
such acts as bodies corporate may by law perform.
58. Composition of the Council
(1) The Council shall consist of—
(a) the following members appointed by the Minister—
(i) three persons having relevant knowledge, skill and experience in matters of
education, in particular teacher training;
(ii) two representatives from religious umbrella bodies on matters of education;
(iii) a representative of private schools;
(iv) a representative of the Teachers Union of Malawi; and
(v) a Dean of a Faculty of Education of a university; and
(b) the following ex officio members—
(i) the Executive Director of the Malawi National Examination Board or his designated
representative;
(ii) a representative of the caucus of local government authorities appointed by that

caucus;
(iii) the Secretary for Education or his designated representative;
(iv) the Chairperson of the Government Teaching Service Commission or his designated
representative; and
(v) the Director of Malawi Institute of Education or his designated representative.
(2) Members of the Council, other than ex officio members, shall serve on the Council for a period of
three years, or until such earlier date as may, at the time of his appointment, be determined by the
person or authority appointing him, and may be eligible for re-appointment for one more term.
(3) Members of the Council shall elect a Chairperson and Vice Chairperson from among their number
at the first meeting of the Council.
(4) An ex officio member shall not be elected Chairperson or Vice-Chairperson of the Council.
59. Vacation of members from office
(1) The office of a member of the Council, other than an ex officio member, shall become vacant—
(a) upon the expiry of the period of his appointment;
(b) upon his death;
(c) if he is adjudged bankrupt;
(d) if he is sentenced to imprisonment term without the option of a fine for an offence against
any written law;
(e) if he fails to attend three consecutive meetings, of the Council, of which he has had notice;
(f) upon giving notice in writing of his resignation; and
(g) if he becomes, by reason of mental or physical infirmity, incapable of performing his duties
as a member.
60. Meetings of the Council
(1) The Council shall meet at such place, and at such time, as the Chairperson of the Council may
determine and shall meet at least once in every four months.
(2) An ordinary meeting of the Council shall be convened by the Chairperson by notice in writing
issued to the members fourteen days prior to the date of the meeting.
(3) The Chairperson may, at his discretion, and shall at the written request of six or more members
and within seven days of such request cause an extraordinary meeting of the Council to be
summoned at such place and time as he may appoint.
(4) The Chairperson or in his absence, the Vice-Chairperson, shall preside at meetings of the Council
and the quorum at any meeting of the Council shall be one half of the members.
(5) In the absence of both the Chairperson and Vice-Chairperson, the members present and forming a
quorum shall elect one of their number to preside over a meeting of the Council.
(6) Minutes of each meeting of the Council shall be kept by the Registrar.
(7) The decision of the Council at any meeting on any matter shall be that of the majority of the
members present and voting, and at all meetings the person presiding shall have, in the event of
an equality of votes, a casting vote in addition to his deliberative vote.
(8) The Council shall determine its own procedure for the conduct of its meetings, and the meetings of
any committees it may establish.
61. Disclosure of interest

If a member acquires any pecuniary or other interest, direct or indirect, in any matter and is present at a
meeting of the Council at which the matter is the subject of consideration by the Council, he shall as soon
as practicable after the commencement of the meeting disclose the fact to the Council, and shall not take
part in the consideration or discussion of, or vote on any question with respect to the matter.
62. Functions of the Council

The Council shall be the sole registering authority of all persons required to be registered or licensed as
teachers under this Act and shall have the following further functions—
(a) to establish and maintain, in such form as it thinks fit, a Register of Teachers and a Roll of Licensed
Teachers;
(b) to take part in all matters affecting the education and training of teachers;
(c) to advise the Minister on any matter falling within the scope of this Act;
(d) to promote professional and ethical standards in the teaching profession; and
(e) to communicate to the Minister any information acquired by the Council relating to matters of
education in general and teacher education in particular.
63. Powers of the Council

For the better performance of its functions, the Council shall, subject to the provisions of this Act, have
power—
(a) to remove from or restore to the Register any name which has been recommended as such by the
Government Teaching Service Commission or any employer;
(b) to acquire, hire or dispose of property, borrow money on security of assets of the Council, accept
any donation or accept and administer any trust;
(c) to consider any matter affecting the teaching profession and make representations thereon to the
Minister or take such action in connection therewith as the Council may consider necessary;
(d) upon application by any person, to recognize any qualification held by that person, whether
such qualification has been obtained in Malawi or elsewhere, as being equal, either wholly or in
part to any prescribed qualifications, whereupon such person shall, to the extent to which the
qualifications have been so recognized, be deemed to hold such prescribed qualifications;
(g) to perform such other functions as may be prescribed or assigned to the Council by the Minister;
and
[Please note: numbering as in original.]
(h) generally to do such things as the Council deems necessary or expedient to achieve the objects of
this Act.
64. Committees
(1) The Council may establish any number of committees to carry out any special or general functions
determined by the Council and may delegate to any such committee, such of the functions of the
Council as the Council may consider expedient.
(2) The chairperson of each committee shall be appointed by the Council from among the members of
the Council.
(3) Any committee may co-opt as members of the committee, persons who are not members of the
Council.
(4) The chairperson of a committee may, at any time and place, convene a meeting of his committee.
(5) The Council may, at any time, direct the chairperson of any committee to convene a meeting of
such committee and such chairperson shall, as soon as practicable, comply with such direction.
(6) Every committee shall inform the Council of its activities and shall conduct its proceedings in such
a manner as the Council may direct.
(7) Any member of a committee shall, in respect of expenses incurred by him in travelling or
subsistence while discharging his duties as member of that committee, be paid out of the funds of
the Council, such allowances as the Council may determine.
65. Appointment of Registrar and other staff
(1) Subject to the provisions of this section, the Council—
(a) shall appoint a Registrar upon such terms and conditions approved by the Minister; and
(b) may appoint a Deputy Registrar and such other employees as it considers necessary or
desirable in the discharge of its duties and upon such terms and conditions as it may
determine.
(2) The Council may delegate to the Registrar the appointment of other employees of such grades as
determined by the Council on such terms and conditions as the Council may consider appropriate
and the Registrar shall, after he has employed any person, report the fact thereof to the Council at
its next meeting.
(3) The Registrar shall be the secretary to the Council and to every committee established under
section 64 and shall, on the instructions of the Chairperson of the Council or the chairperson of
any committee, convene a meeting of the Council or committee, as the case may be.
(4) If the Registrar is absent or unable to carry out any of his functions under this Act, the Deputy
Registrar or any other officer of the Council shall exercise, during the period the Registrar is so
absent or unable to act, such functions of the Registrar as the Chairperson of the Council may
designate.
66. Duties of the Registrar
(1) The Registrar shall—
(a) keep a Register of Teachers and a Roll of Licensed Teachers;
(b) under the direction of the Council—
(i) enter in the Register of Teachers or the Roll of Licensed Teachers, particulars
required under this Part of every person whom he registers or licenses as a teacher;
(ii) make in the Register of Teachers or the Roll of Licensed Teachers any necessary
alterations on the name, address, qualification or other particulars of a registered or
licensed person;
(c) erase from the Register of Teachers or Roll of Licensed Teachers the name of a registered or
licensed person who—
(i) dies;
(ii) applies for removal of his name from the Register of Teachers or Roll of Licensed
Teachers;
(iii) has been convicted of a criminal offence;
(iv) has been guilty of such misconduct that renders him unsuitable for employment as a
teacher; and
(v) for a continuous period of five years, has not been engaged in teaching or in the
administration of educational services.
(2) For the purposes of this section, “misconduct” shall include professional misconduct, conduct
prejudicial to law and order and conduct prejudicial to the physical, mental or moral welfare of any
student in any school or college.
(3) Where the Registrar erases or removes from the Register of Teachers or Roll of Licensed Teachers,
the name of a person registered or licensed, he shall enter in the Register of Teachers or Roll of
Licensed Teachers of the reasons therefor.
(4) The Registrar shall publish any names erased or removed from the Register or Roll of Licensed
Teachers, as the case may be, in the Gazette and two widely circulated newspapers.
67. Qualifications and requirements for registration
(1) Any person—
(a) who successfully completes a course of training as a teacher which is approved or

recognized by the Minister and the Council;
(b) who satisfies the Council that he is of good character and has satisfactorily completed a
probationary period of employment as a teacher approved by the Minister; and
(c) whose name has not at any time been removed from the Register, shall be entitled, on
application made in that behalf to the Registrar, to be registered as a teacher, and shall be
issued an authority to teach.
(2) An application for registration as a teacher shall be made in such form as the Minister may
prescribe.
(3) Every registered teacher shall notify the Registrar of any change in his particulars as contained in
the Register.
68. Licence to teach
(1) The Council may issue a licence to any person to teach for such period as it thinks fit
notwithstanding that such person has not completed a course of training as a teacher or has not
attended such a course, and may, from time to time, review any such licence for a further period.
(2) The Registrar shall cause to be entered in the Roll of Licenced Teachers such particulars as the
Council may by rules prescribe, of all persons to whom a licence to teach has been issued.
(3) The Council may make a licence issued under this section subject to such conditions, including
that the person may teach only a particular subject or subjects or may teach only a particular class
or classes in a school or college.
(4) The Council may, after affording the person an opportunity to be heard, withdraw the licence of
any licensed teacher at any time, and may refuse to renew the licence of any licensed teacher.
(5) The Council shall from time to time cause to be published in the Gazette and in at least one local
newspaper with wide circulation in the country, the names of persons to whom a licence to teach
has been issued.
69. Teaching without licence or authority prohibited
(1) No person shall teach in any school or college unless he holds a licence to teach or authority to
teach issued by the Council.
(2) Any person who holds a licence to teach shall not teach otherwise than in accordance with the
conditions stated on the licence.
(3) Any person who contravenes this section commits an offence and shall, on conviction, be liable to
a fine of K300,000 and imprisonment for two years.
70. Appeals
(1) Any person aggrieved by—
(a) the refusal of the Council to register or license him or any particulars which he wishes to be
registered under this Act; or
(b) the removal from the Register of Teachers or the Roll of Licenced Teachers of his name or
particulars which he considers he is entitled to under this Act to have been entered against
his name in the Register of Teachers or the Roll of Licensed Teachers, may, after notice
to the Council and within three months after the date on which notice is given to him by
the Registrar of such refusal or removal, appeal to the Education Appeals Tribunal in such
manner as may be prescribed.
(2) The Education Appeals Tribunal may—
(a) dismiss the appeal;
(b) if it is of the opinion that the Council has not acted in accordance with the provisions of
this Act, make an order that the name of the appellant or particulars, as the case may be, be
entered in the Register of Teachers or Roll of Licensed Teachers; or
(c) may refer the matter back to the Council for further consideration.
71. Offences relating to teaching and teachers

Any person who—
(a) not being the holder of an authority to teach or licence to teach issued under this Act, teaches or
assists in teaching in any school or college;
(b) employs or engages as a teacher any person who is not the holder of an authority to teach or
licence to teach issued under this Act;
(c) being a person licensed to teach under this Act, teaches or assists in teaching otherwise than in
accordance with conditions stated on his licence; or
(d) employs or engages such person referred to in paragraph (c) above to teach or assist in teaching
otherwise than in accordance with the conditions stated on his licence,
commits an offence and shall, upon conviction, be liable to a fine of K500,000 and to imprisonment for
three years.
72. Evidence of entries in Registers of Teachers and of other records
(1) Entries in the Register of Teachers or the Roll of Licensed Teachers and the contents of an
authority or licence to teach may be proved by copies thereof or extracts therefrom upon which is
endorsed a certificate, purporting to be signed by the Registrar, stating that the copy is a true copy.
(2) A certificate purporting to be signed by the Registrar stating that a person is or is not registered
in the Register of Teachers or Roll of Licensed Teachers shall be primafacie evidence, in all legal
proceedings, of the facts stated in such certificate.
(3) Every certificate purporting to be signed by the Registrar under this section shall be admissible
as evidence, in all legal proceedings, without proof of the handwriting or official position of the
person signing the certificate.
73. Funds of the Council
(1) The funds of the Council shall consist of—
(a) such moneys as may be appropriated by Parliament for the purposes of the Council;
(b) registration and annual membership fees; and
(c) such other moneys and assets as may vest in or accrue to the Council, whether in the course
of its functions or otherwise.
(2) The Council may accept moneys or other assets as may accrue to the Council by way of grants,
subsidies, bequests, donations or gifts from any other person.
74. Accounts
The Council shall cause to be kept proper books of accounts and other records relating thereto in respect
of its funds and shall in every respect comply with the provisions of the Public Audit Act, the Public
Finance Management Act and the Public Procurement Act.
[Cap. 37:01]
[Cap. 37:02]
[Cap. 37:03]
75. Audits
The accounts of the Council shall be examined and audited annually by auditors appointed by the
Council.
Part X – Curriculum and instructions in schools and colleges
76. National curriculum for schools and colleges
(1) The Minister shall promote the development of a national curriculum for schools and colleges
that is comprehensive, balanced, flexible, integrated, diversified and relevant to the needs of the
student and society.
(2) The national curriculum shall—
(a) prepare students for the world of work, social and political participation in the context of a
rapidly changing and dynamic global economy and society;
(b) be student-centered and non-authoritarian, and encourage active participation of students

in the learning process;
(c) stimulate critical and effective reasoning and develop problem solving and information
processing skills;
(d) foster self-discipline;
(e) treat knowledge as provisional and contestable;
(f) promote moral and ethical behaviour;
(g) develop necessary understanding, values and skills for sustainable development;
(h) promote respect for human rights;
(i) promote unity in diversity through a flexible framework which allows for the
accommodation of cultural differences and needs;
(j) take into account cross-cutting emerging and contemporary issues;
(k) promote entrepreneurial and technological values and skills; and
(l) prepare students for life long training.
(3) The national curriculum shall provide a general education based on positive values and attitudes,
and academic and vocational skills.
(4) The areas of study across different learning contexts shall be as prescribed from time to time by
the Minister.
(5) The design and development of the national curriculum, including the preparation of syllabuses,
books and other learning materials shall be the responsibility of the Institute.
77. Teacher training curriculum
(1) Any curriculum for teacher training shall take into account the national curriculum and shall be
diversified to meet the needs of education for all.
(2) The areas of study and the structure of the teacher training curriculum shall be as prescribed by
the Minister.
(3) The design and development of teacher training curriculum, including the preparation of
syllabuses, trainers manuals and other instructional materials shall be undertaken by the Institute
in accordance with the provisions of this Act.
78. Language of instruction
(1) The medium of instruction in schools and colleges shall be English.
(2) Without prejudice to the generality of subsection (1), the Minister may, by notice published in the
Gazette prescribe the language of instruction in schools.
79. Syllabus
The Minister shall exercise supervision and control over the instruction given in all schools or colleges to
which this Act applies and may control the course of instruction in any school and colleges or category of
schools by prescribing the syllabus which shall be followed in the school or college or category of schools
or colleges.
80. Religious instruction
(1) Religious instruction shall be given in every Government school or Government college and
assisted schools or assisted colleges of any category but need not be included in a correspondence
course.
(2) The syllabus for religious instruction in the case of Government schools or Government colleges
shall be prescribed by the Minister and in the case of any other school or college shall be submitted
by the proprietor for the information of the Minister.
(3) If a parent of any student in attendance at any Government school or Government college or
assisted school or assisted college requests that he be wholly or partly excused from attendance
at religious worship in the school or college or from attendance at both religious worship and
religious instruction until the request is withdrawn, the student shall be excused from such
attendance accordingly.
(4) A minister of religion shall have right of access at such reasonable times as may be agreed to any
school or assisted college for the purpose of giving religious instruction to students whose parents
have not made a request under subsection (3).
(5) Where a parent of a student attending a school or a college requires him to attend religious
worship or religious instruction of a kind which is not provided in the school or the college, the
proprietor of the school or the college shall make such arrangements as may be practicable for
the student to receive religious instruction and attend religious worship of the kind desired by the
parent.
(6) The Minister may, by order published in the Gazette, direct that this section shall not apply to any
school or college or classification or type of schools or colleges or students of a particular religious
persuasion in any school or college.
(7) No assisted school or assisted college shall be permitted to give religious instruction to or enforce
divine worship on any student contrary to the wishes of a parent of the student.
(8) In the case of the proprietor of an assisted school or assisted college failing to provide religious
instruction as required by this section or providing religious instructions contrary to this section,
the Minister may withhold or postpone payment of grant-in-aid.
81. Textbooks and other instructional materials
(1) The Institute shall be responsible for establishing and implementing a quality assurance process
through the evaluation of textbooks, teachers guides, other instructional materials and, shall
prescribe the criteria for the publication of textbooks, teacher guides and other instructional
materials.
(2) All textbooks, teachers’ guides and other instructional materials which meet the prescribed
publishing criteria and are recommended for use in schools by the Institute, shall bear a symbol on
their covers signifying that the textbooks or other instructional materials have been approved by
the Ministry and the list of such books and other instructional materials shall be published in the
Gazette and in at least one local newspaper with wide circulation in the country.
(3) The Institute shall make available the list of all textbooks and instructional materials approved
for use in schools for public information, and shall distribute copies thereof to all users of such
information.
(4) A person who is involved in the development of education materials shall not be involved in the
evaluation process of the education materials.
(5) The Institute shall develop an enforceable code of conduct for publishers, authors, officials of
the Ministry and the Institute that ensures that no conflict of interest situations or privileged
relationships occur.
(6) Procedures for the evaluation of textbooks shall take into account the necessary lead time for
research, trialing and consultation in order to achieve the highest level of quality.
(7) Selection of textbooks from the approved list shall occur, as far as possible, at institutional level.
(8) Government, local government authorities and proprietors, as the case may be, shall be
responsible for the provision, in schools or colleges, of adequate instructional materials approved
and selected in accordance with the provisions of this section.
Part XI – Establishment of the Malawi Institute of Education
82. Establishment of the Institute
(1) There is hereby established a body to be known as the Malawi Institute of Education which shall—
(a) be a body corporate having perpetual succession, and common seal;
(b) be capable of suing and being sued in its corporate name;
(c) have power, subject to this Act, to do or perform all such other acts or things which a body
corporate may lawfully do or perform.
(2) The Institute shall be governed by a Board which shall be responsible for the work and functions of
the Institute, subject to such limitations or restrictions as are prescribed in this Act.
83. Composition of the Board
(1) The Board shall consist of—
(a) the following members appointed by Minister—
(i) a Vice-Chancellor of a university, who shall be the Chairperson;
(ii) Dean of Faculty of Education of a university or college of higher learning;
(iii) two persons with expertise in the field of finance or any other appropriate field;
(iv) a representative of an organization of private schools;
(v) two representatives from religious organization; and
(b) the following ex officio members—
(i) the Secretary responsible for education or his designated representative;
(ii) the head of inspectorate and methods advisory in the Ministry responsible for
education;
(iii) the Secretary to Treasury or his designated alternate;
(iv) a representative of the Ministry responsible for pre-service and in-service teacher
education; and
(v) the Executive Director of the Malawi National Examination Board or his designated
representative.
(2) The Members of the Board, other than the ex officio members, shall serve for a period of three years
or until such earlier date as may, at the time of his appointment, be determined by the person or
authority appointing him, and may be eligible for re-appointment for one more term.
84. Duties of the Board
(1) The responsibility of the Board shall be to—
(a) design, develop and evaluate the national curriculum for schools and colleges;
(b) evaluate textbook, teachers’ guides and other instructional materials produced by
publishers;
(c) review school and college curricula;
(d) establish and implement programmes for continuing professional development of teachers
and other educational personnel;
(e) conduct education research;
(f) publish textbooks, teachers’ guides and other instructional materials;
(g) disseminate relevant education information through the production and publication of
journals and otherwise;
(h) train and assist in the training of teachers;
(i) provide training and professional services for teachers and offer advisory services to other
sectors; and
(j) admit students and participants into courses offered by the Institute.
(2) For the purposes of this section, “students” include participants in programmes and seminars
conducted by the Institute.
85. Powers of the Board
(1) The Board shall have the power to do or perform any act or thing necessary for the purposes of
discharging its responsibilities, subject to the provisions of this Act and of any other written law
and to any written policy decisions taken by the Minister.
(2) Without prejudice to the generality of subsection (1), the Board shall have the following powers—
(a) to ensure that there is proper management and administration of the Institute;
(b) to approve the programmes of work of the Institute, including the organization of courses
and the selection of students or participants;
(c) to approve and from time to time review the staff establishment of the Institute;
(d) to approve and employ all categories of staff required by the Institute;
(e) to consider the financial estimates required to carry out the work of the Institute and
control expenditure of necessary recurrent and capital funds;
(f) to evaluate, from time to time, the work of the Institute;
(g) to co-opt additional members and establish whatever committees that may be needed;
(h) to appoint such Boards of Study and Boards of Examiners, as may be required for the
effective conduct of Institute courses and examinations; and
(i) to award degrees, diploma's and certificates in the courses of study conducted by the
Institute.
86. Vacation of office

A member of Board other than an ex officio member, shall cease to be a member if he—
(a) fails to attend three consecutive meetings of the Board without a valid excuse, of which he has had
notice;
(b) adjudged bankrupt;
(c) dies;
(d) is sentenced for an offence against any written law, to a term of imprisonment without an option
of a fine;
(e) becomes incapacitated by reason of physical or mental disability; or
(f) resigns by giving one month notice to the Chairperson of the Board.
87. Secretary of the Board

The Executive Director of the Institute shall, unless the Board otherwise directs, be the secretary of the
Board.
88. Meetings of the Board
(1) The Board shall meet in ordinary meetings at least three times a year.
(2) An ordinary meeting of the Board shall be convened by the Chairperson by notice in writing issued
to the members fourteen days prior to the date of the meeting.
(3) The Chairperson may, at his discretion, and shall at the written request of six or more members
and within seven days of such request cause an extraordinary meeting of the Board to be
summoned at such place and time as he may appoint.
(4) Every notice given under subsection (3) shall include the agenda of the matters to be considered at
the meeting.
89. Procedure at Board meetings
(1) Subject to subsections (2) and (3), at any meeting of the Board—
(a) the quorum shall be formed by two-thirds (2/3) of the members thereof;
(b) only the members present may vote and each member shall have one vote;
(c) every matter shall be determined by a majority of the members present and voting, and in
the event of an equality in the votes, the Chairperson, or any other member presiding, shall
have a casting vote in addition to his deliberative vote; and
(d) the members present and forming the quorum may, if both the Chairperson and the Vice-
Chairperson are absent or otherwise unable to act, elect one of their number to preside
thereat.
(2) A member who is aware that he has a personal, proprietary, or pecuniary interest in a matter
which is to be considered or is being considered by the Board, shall declare the interest to the
Chairperson in writing, and shall not take part in the deliberations or to vote on the matter.
(3) A member who is unable to attend a meeting of the Board—
(a) may, with the written consent of the Chairperson, submit to the Board, in writing, his views
on any matter to be considered by the Board; and
(b) shall not be entitled to vote on any matter which has been considered by the Board at that
session.
90. Executive Director
(1) There shall be an officer of the Institute who shall be designated as the Executive Director.
(2) The Executive Director shall be appointed by the Board from among persons who have experience
in teaching, curriculum development and management of an educational institution.
(3) Except as is otherwise expressly provided by this Act, the Executive Director shall, subject to any
general or special directions given by the Board, be the principal administrator in control of the
internal organization and the day-to-day management of the Institute.
91. Deputy Executive Director
(1) The Institute shall have a Deputy Executive Director who shall be appointed by the Board from
among persons who have experience in teaching, curriculum development and management of an
educational institution.
(2) The Deputy Executive Director shall be responsible to the Executive Director and shall assist the
Executive Director in every respect to promote the proper management of the Institute.
92. Other staff

In addition to the Executive Director and Deputy Executive Director, the Board shall appoint such other
staff as may be required to carry out the functions of the Institute.
93. Terms and conditions of service

The Executive Director, Deputy Executive Director and other staff appointed by the Board shall be subject
to such terms and conditions of service as the Board shall, with the approval of the Minister, determine.
94. Proposals and reports to the Board
(1) Except as is provided under subsection (2), any proposal or report by any person relating to the
management or activities of the Institute shall be submitted in writing to the Board.
(2) Where a member of staff of the Institute wishes to submit any proposal or report to the Board
under this section, he shall do so through the Executive Director.
95. Withdrawal and suspension of students or participants
(1) The Board may withdraw from the Institute any student or course participant for any cause which
it considers to be seriously adverse to the discipline or management of the Institute.
(2) The Executive Director may suspend from the Institute any student for any cause which he
considers adequate to warrant either suspension, or withdrawal by the Board under subsection
(1), and in such event he shall as soon as possible, report in writing the circumstances of the
suspension to the Board for final decision.
96. Finance and Audit Committee
(1) The Board shall establish a Finance and Audit Committee to which the Board may delegate any
or all of its executive functions on financial matters, subject to the general policy, control and
guidance of the Board.
(2) The Finance and Audit Committee shall make recommendations to the Board on the following
matters—
(a) the investment and management of the Institute's money;
(b) the annual budget of the Institute;
(c) the control of expenditure authorized by the Board; and
(d) the preparation and presentation of the annual accounts of the Institute.
(3) The Board shall appoint, from among its members, a chairperson of the Finance and Audit
Committee with experience in finance.
97. Control of finances

The Executive Director shall, on behalf of the Board, control the day-to-day expenditure of the Institute,
and shall present an account of such expenditure to the Board three times a year or as often as the Board
may direct.
98. Accounts
The Board shall furnish the Minister annually, or as often as the Minister may direct, accounts in respect
of finances and property of the Institute, as well as an estimate of income and expenditure of the
Institute for the following year, and in this regard, the Board shall comply with the relevant provisions of
the Public Audit Act and the Public Finance Management Act.
[Cap. 37:01]
[Cap. 37:02]
99. Expenditure
(1) The Board shall pay all expenses connected with the Institute, and shall retain in a current account
with a registered bank such funds as are necessary for the day-to-day administration of the
Institute.
(2) The annual expenditure of the Institute shall not exceed the amount approved by the Minister, and
any virement between heads shall be at the direction of the Finance and Audit Committee of the
Board.
100. Appeals for public subscription

The Board may, with the approval of the Minister, appeal to the public or any person or body for
subscriptions and donations towards any project or purpose which it considers to be for the benefit of the
Institute.
101. Borrowing and investments

Subject to the Public Audit Act, the Board may—
(a) with the prior approval of the Minister, borrow moneys for any stated purpose of the Institute and,
in such event, shall ensure that proper provision is made for the repayment of such moneys and for
the payment of any interest thereon or other charges in respect thereof; and
(b) invest, on such terms as may be approved by the Minister, such funds as are not immediately
necessary for the day-to-day administration of the Institute.
[Cap. 37:01]
102. Property of the Institute

The Board shall keep all property of the Institute in good state of repair, and may make such alterations
to the grounds, buildings, fixtures, or fittings as it may consider to be for the benefit of the Institute.
Part XII – Students
103. Duty to obey school or college rules
(1) Every student, on entry to any school or college of any category, shall undertake to obey all
rules and orders given by the school or college and which conform with the directions of a local
government authority or Minister, as the case may be.
(2) A Board of Governors of any school or college may direct any such school or college to cancel or
vary any standing order or rule made by the school or college.
104. Medical examination

The Minister or a local government authority, as the case may be, may, after notification of parents,
cause a medical examination to be carried out in respect of students at any school or college but such
consent may be dispensed with if, in the opinion of the management of school or college, circumstances
so require on account of emergency or other factors.
Part XIII – Fees
105. Minister may prescribe certain fees
(1) The Minister may from time to time make regulations prescribing the fees which shall be charged
in any Government school or college other than a government primary school.
(2) Such regulations may prescribe fees for—
(a) tuition and other charges in schools and colleges;
(b) the accommodation, including boarding of students at any school or college; or
(c) special courses of instruction provided for students.
(3) In any regulations made under this section, the Minister may—
(a) fix different rates of fees for different students, schools and colleges; or
(b) prescribe the circumstances in which fees may be refunded or remitted, whether in whole or
in part; and
(c) prescribe the time or date when fees shall be payable in Government schools or Government
colleges and the person to whom it shall be paid.
(4) The regulations made under this section may prescribe payment of fees to a proprietor of a school
or college or to a body constituted or established under this Act or to a person delegated to receive
fees on behalf of the proprietor or the body.
Part XIV – Miscellaneous provision
106. Power of Minister to make regulations or rules
(1) The Minister may make regulations or rules for the purposes of this Act in respect of any matter for
which the power to make regulations or rules has not been specially conferred under any other Part
of this Act.
(2) Without derogation from the generality of subsection (1), regulations or rules made under this
section may provide for—
(a) anything which by this Act may be prescribed and generally for the effective administration
of this Act;
(b) the conditions for payment of grants-in-aid and advances on loans;
(c) the requirements for school or college buildings, premises and equipment;
(d) the conditions for the grant and withdrawal of bursaries and scholarships;
(e) the establishment and control of the scales of salary to be paid to teachers in assisted
schools or colleges and the other conditions of service of such teachers;
(f) the compulsory attendance of schools by students in any area and the manner in which
compulsory attendance is to be ensured;
(g) the conditions for admission to any school or college and the conditions for expulsion or
exclusion from Government schools and colleges and assisted schools and colleges;
(h) the manner in which the inspection or supervision of schools or colleges shall be carried
out;
(i) safeguards for the health of students and staff in any school or college and the manner in
which school or college medical inspection shall be carried out;
(j) the regulation of procedure in any Advisory Council, school management committee and
Board of Governors appointed or established under this Act;
(k) the curriculum to be offered in any school or college and courses in such subjects and any
syllabus to be followed in connexion therewith;
(l) where applicable, the manner in which records, statistics and accounts shall be kept and the
returns or reports required by the Minister shall be made to the Ministry;
(m) the manner and form in which applications for the establishment and registration of
schools or colleges shall be submitted and the information which shall be furnished in
relation thereto and the manner and form in which such registration shall be effected;
(n) the manner in which schools or colleges shall be classified and the nomenclature thereof
and of the classes or standards or forms into which schools may be divided;
(o) the conditions of the use of the buildings of Government schools or colleges out of school
hours;
(p) the number and qualification of staff required in any school or college; and
(q) the procedure to be followed on any reference or appeal to the Education Appeals Tribunal
to be made under this Act or on application by a teacher for his name to be restored to the
Register of Teachers or Roll of Licensed Teachers and the fees to be paid in relation thereto.
107. Delegation
The Minister may delegate any person by name or the person for the time being holding any designated
office to exercise, on his behalf, any power or perform, on his behalf, any duty which he is by this Act
authorized to exercise or perform, subject to such conditions, exceptions and qualifications as the
Minister may specify, and thereupon, or from the date specified by the Minister, the person to whom the
Minister has delegated shall have and may exercise such power and may perform such duty subject to any
conditions, exceptions and qualifications as aforesaid:
Provided that nothing in this section shall empower the Minister to delegate to any person any power—
(a) to make regulations or rules;
(b) to make an order that any school or college be closed;
(c) to issue a notice of his intention to take possession of any school.
108. Defective appointment of member to be of no effect

No act or proceeding of any Board of Governors, school management committee or other body
constituted or established under this Act shall be invalid on account of the appointment of any member
having been defective.
109. General penalty for offences

Any person guilty of an offence against this Act for which no special penalty is provided by this Act shall
be liable to a fine of K100,000 and to imprisonment for twelve months.
110. Service of notices and other documents

Any notice, request, demand or other document authorized or required by this Act to be given, sent or
made to or served on any person may be given, sent, made or served by delivery thereof to that person or
by sending a copy through the post in a cover addressed to him—
(a) in the case of a proprietor, at the address registered in the Register of Schools and Colleges as
being his address;
(b) in the case of a teacher, at the address registered in the Register of Teachers or in the Roll of
Licensed Teachers, as the case may be, as being his address; and
(c) in any other case, at his last known place of abode, and shall, if sent through the post, be deemed
to have been received not later than twenty-one days after the day when posted.
111. Repeal and savings
(1) The Education Act is hereby repealed.
(2) Any subsidiary legislation made under the Act repealed by subsection (1) and in force immediately
before the coming into force of this Act—
(a) shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if
made under this Act; and
(b) may be amended, replaced, or revoked by subsidiary legislation made under this Act.
(3) All appointments, registrations made or given under the Act repealed under subsection (1) and
subsisting at the time of the coming into force of this Act shall be deemed to have been made
under this Act.
[Cap. 30:01]
112. Transitional provisions

At the commencement of this Act—
(a) any person who is working as a teacher but is not registered or licensed as a teacher under the Act
repealed by section 111, shall ensure that he registers or is licensed as a teacher within six months;
and
(b) any proprietor of a private school or private college that is not registered under the Act repealed
by section 111, shall ensure that the school or the college, as the case may be, is registered in
accordance with the provisions of this Act within three months.

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Legislation as at 31 December 2014

FRBR URI: /akn/mw/act/2013/21/eng@2014-12-31

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1. Short title .................................................................................................................................................................................................... 1

Part II – Promotion of education .................................................................................................................................................................. 3

4. General duties and powers of the Minister ................................................................................................................................... 3

5. Goals of education in Malawi ............................................................................................................................................................. 3

Part III – Advisory Council ............................................................................................................................................................................... 4

6. Establishment and powers of the Advisory Council .................................................................................................................... 4

7. Composition of the Council and its procedure .............................................................................................................................. 4

8. Invited persons .......................................................................................................................................................................................... 5

10. Orders to be published ....................................................................................................................................................................... 5

11. Expenditure by Minister ...................................................................................................................................................................... 5

Part V – Primary education ............................................................................................................................................................................. 5

12. Provision of primary education ........................................................................................................................................................ 5

13. Free and compulsory primary education ...................................................................................................................................... 6

14. Appointment of education committees ......................................................................................................................................... 6

15. Duties of local government authorities ........................................................................................................................................ 6

16. Development plans ............................................................................................................................................................................... 7

17. Powers of local government authorities ....................................................................................................................................... 7

18. Composition of education committee ............................................................................................................................................ 8

19. Delegation of duties and powers of education committees .................................................................................................. 8

20. Duties of secretary ................................................................................................................................................................................ 8

21. Establishment of school management committee .................................................................................................................... 9

22. Notice to be published ........................................................................................................................................................................ 9

23. Functions of school management committee ............................................................................................................................. 9

24. Obstruction of school management committee ...................................................................................................................... 10

Part VI – Management of secondary schools and colleges ............................................................................................................... 10

25. Management of Government secondary schools and colleges .......................................................................................... 10

26. Content of order establishing a Board of Governors ............................................................................................................. 10

27. Responsibilities of proprietor of a secondary school or college ........................................................................................ 11

28. Board of Governors of assisted secondary schools and colleges ...................................................................................... 11

30. Stamping and registration ............................................................................................................................................................... 13

31. Establishment of Government schools and colleges ............................................................................................................. 13

32. Establishment of private schools or colleges ........................................................................................................................... 13

33. Classiﬁcation of schools or colleges ............................................................................................................................................ 13

34. Registration of schools and colleges ........................................................................................................................................... 13

35. Duty of proprietor to conform to registered particulars ....................................................................................................... 13

36. Procedure for establishing a school or college ....................................................................................................................... 14

37. Application for registration of a school or college ................................................................................................................. 14

38. Variation of establishment .............................................................................................................................................................. 15

40. De-registration of a school or college ........................................................................................................................................ 15

41. Complaints ............................................................................................................................................................................................. 15

42. Education Appeals Tribunal ............................................................................................................................................................. 16

43. Powers of the Education Appeals Tribunal ................................................................................................................................ 17

44. Power to close schools or colleges .............................................................................................................................................. 17

45. Power to re-open school or college and payment of compensation ............................................................................... 18

46. Minister to handover possession to local government authority ...................................................................................... 19

47. Power to take possession ................................................................................................................................................................. 20

48. Failure to close school or college ................................................................................................................................................ 21

49. Unsuitable publications .................................................................................................................................................................... 21

Part VIII – Inspection of schools and colleges ...................................................................................................................................... 21

50. Appointment of inspectors .............................................................................................................................................................. 21