and communication technology and the participation of Malawi in the information age
and economy.
27.
The Act seeks to ensure that the development, deployment and exploitation of
information and communication technology within the economy and society and related
legal provisions shall balance as well as protect community and individual interests,
including privacy and data protection issues.
28.
Section 4(b) states that freedom of communication over electronic network shall be
promoted, with the exception of specific reasons as provided for in the Act. This builds
on the Constitutional provisions of right to access to information in section 37 and right
to privacy in section 21(c) of the Constitution.
Courts Amendment Act 2016
29.
The Act establishes divisions in the High Court of Malawi in an effort to enhance access
to justice and improve on the efficiency of the judiciary.
30.
The divisions include; the Civil Division responsible for civil matters not provided for
under another division of the High Court, the Commercial Division responsible for any
commercial matter, the Criminal Division responsible for any criminal matter, the Family
and Probate Division responsible for any family or probate matter and the Revenue
Division responsible for any revenue matter.
Land Act 2016
31.
This is the principal Act to making provision for all land matters in Malawi. Unlike the
Land Act of 1965 which vested land in the President in perpetuity, Section 8 of the 2016
Act vests land in the Republic in perpetuity. Customary land is no longer defined as one
of the categories of land under the Act. Instead, Section 19 makes provision for the
conversion of customary land. The land can be registered as private land apart from
unallocated customary land, which is public land. Where there has been acquisition of the
land, compensation is made for land itself as well as the developments on the land. This
is also a departure from the previous Land Act where compensation was only made for
the developments on the land and not the land itself. The significance of this Act is that it
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