Malawi Independence Act 1964
Malawi Independence Act1964
1964 CHAPTER 46
An Act to make provision for and in connection with the attainment by Nyasaland of fully responsible status within the Commonwealth.
[10th June 1964]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Fully responsible status of Malawi.
(1) On and after 6th July 1964 (in this Act referred to as ‘the appointed day’) the territories which immediately before the appointed day are comprised in the Nyasaland protectorate shall together form part of Her Majesty's dominions under the name of Malawi; and on and after that day Her Majesty's Government in the United Kingdom shall have no responsibility for the government of those territories.
(2) No Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend or be deemed to extend to Malawi as part of its law; and on and after that day the provisions of Schedule 1 to this Act shall have effect with respect to legislative powers in Malawi.
(3) Subsection (1) of this section shall not affect the operation in Malawi of any enactment or any other instrument having the effect of law passed or made before the appointed day, or be taken to extend any such enactment or instrument to Malawi as part of its law.
2 Consequential modifications of British Nationality Acts.
(1) Subject to subsection (2) of this section, the British Nationality Acts 1948 to 1964 shall have effect on and after the appointed day as if in section 1(3) of the said Act of 1948 (Commonwealth countries having separate citizenship) there were added at the end the words ‘and Malawi’, and as if in Schedule 1 to the British Protectorates, Protected States and Protected Persons Order in Council 1949 the words ‘Nyasaland Protectorate’ were omitted.
(2) A person who, immediately before the appointed day, is for the purposes of the said Acts and Order in Council a British protected person by virtue of his connection with the Nyasaland protectorate shall not cease to be such a British protected person for any of those purposes by reason of anything contained in the preceding provisions of this Act, but shall so cease upon his becoming a citizen of Malawi.
(3) Except as provided by section 3 of this Act, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if he becomes on that day a citizen of Malawi.
(4) Section 6(2) of the British Nationality Act 1948 (registration as citizens of the United Kingdom and Colonies of women who have been married to such citizens) shall not apply to a woman by virtue of her marriage to a person who on the appointed day ceases to be such a citizen under subsection (3) of this section, or who would have done so if living on the appointed day.
3 Retention of citizenship of United Kingdom and Colonies by certain citizens of Malawi.
(1) Subject to subsection (5) of this section, a person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(3) of this Act if he, his father or his father's father—
(a ) was born in the United Kingdom or in a colony; or
(b ) is or was a person naturalised in the United Kingdom and Colonies; or
(c ) was registered as a citizen of the United Kingdom and Colonies; or
(d ) became a British subject by reason of the annexation of any territory included in a colony.
(2) A person shall not cease to be a citizen of the United Kingdom and Colonies under the said section 2(3) if either—
(a ) he was born in a protectorate or protected state, or
(b ) his father or his father's father was so born and is or at any time was a British subject.
(3) A woman who is the wife of a citizen of the United Kingdom and Colonies shall not cease to be such a citizen under the said section 2(3) unless her husband does so.
(4) Subject to subsection (5) of this section, the reference in subsection (1)(b ) of this section to a person naturalised in the United Kingdom and Colonies shall include a person who would, if living immediately before the commencement of the British Nationality Act 1948, have become a person naturalised in the United Kingdom and Colonies by virtue of section 32(6) of that Act (persons given local naturalisation in a colony or protectorate before the commencement of that Act).
(5) Any reference in this section to a colony, a protectorate or a protected state is a reference to a territory which is a colony, a protectorate or a protected state, as the case may be, within the meaning of the British Nationality Act 1948, on the appointed day, and accordingly does not include a reference to Malawi; and subsection (1) of this section shall not apply to a person by virtue of any certificate of naturalisation granted or registration effected by the governor or government of a territory outside the United Kingdom which is not such a colony, protectorate or protected state on the appointed day.
(6) Part III of the British Nationality Act 1948 (supplemental provisions) shall have effect for the purposes of this section as if this section were included in that Act.
4 Consequential modification of other enactments.
(1) Notwithstanding anything in the Interpretation Act 1889, the expression ‘colony’ in any Act of Parliament of the United Kingdom passed on or after the appointed day shall not include Malawi.
(2) On and after the appointed day the expression ‘colony’ in the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 shall not include Malawi; and in the definitions of ‘Commonwealth force’ in sections 225(1) and 223(1) respectively of the said Acts of 1955 and in the definition of ‘Commonwealth country’ in section 135(1) of the said Act of 1957, at the end there shall be added the words ‘or Malawi’.
(3) No Order in Council made on or after the appointed day under section 1 of the Army and Air Force Act 1961 shall operate to continue either of the said Acts of 1955 in force as part of the law of Malawi.
(4) On and after the appointed day, the provisions specified in Schedule 2 to this Act shall have effect subject to the amendments respectively specified in that Schedule, and Her Majesty may by Order in Council make such further adaptations in any Act of the Parliament of the United Kingdom passed before this Act, or in any instrument having effect under any such Act, as appear to Her Majesty to be necessary in consequence of section 1 of this Act.
(5) Any Order in Council under subsection (4) of this section may be varied or revoked by a subsequent Order in Council and may, if made after the appointed day, be made so as to take effect on the appointed day; and any statutory instrument made by virtue of that subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Subsection (4) of this section, Schedule 2 to this Act and any Order in Council made under the said subsection (4) shall not extend to Malawi as part of its law.
5 Judicial Committee of Privy Council.
(1) Her Majesty may by Order in Council made before the appointed day confer on the Judicial Committee of the Privy Council such jurisdiction in respect of appeals from any court having jurisdiction under the law of Malawi, and in respect of any proceedings concerning judges of any such court, as appears to Her Majesty to be appropriate.
(2) An Order in Council under this section may determine the classes of cases in which, and the conditions as to leave and otherwise subject to which, any such appeal or other proceedings may be entertained by the said Committee, and the practice and procedure to be followed in any such proceedings, and—
(a ) may confer on the said Committee any of the jurisdiction or powers possessed by any court under the law of Malawi;
(b ) may require that the decisions of the said Committee in exercise of any jurisdiction conferred under this section shall be enforced in the same way as decisions of any court having jurisdiction under the law of Malawi;
(c ) may exclude an appeal to Her Majesty in Council, whether as of right or by special leave, in all or any cases; and
(d ) may contain transitional provisions with respect to appeals to Her Majesty in Council and other proceedings which are pending on the appointed day, and may contain such other incidental or supplemental provisions as appear to Her Majesty to be expedient.
(3) Except so far as otherwise provided by an Order in Council under this section, and subject to such modifications as may be so provided, the Judicial Committee Act 1833 shall apply in relation to appeals and other proceedings in respect of which any jurisdiction is conferred under this section as it applies in relation to appeals to Her Majesty in Council.
(4) Provisions made in pursuance of this section may be included in any Order in Council revoking the existing Constitution Order.
(...
To continue reading
Request your trial