(2) This section shall not apply in respect of rights in property that have been acquired or vested
by or on behalf of the Government where that property was acquired or vested at any time since 6th
July, 1964, and where that right in property was obtained from citizens or permanent residents of
Malawi—
(a) �
unlawfully according to the laws then in force in Malawi;
(b)
by virtue of any law not being a penal law passed during that time that did not provide
for adequate compensation; or
(c) �
through abandonment by reason of duress of circumstances.
(3) For the purposes of this section “Government” shall mean the President, the Cabinet, the
Ministries, other organs of the President and Cabinet and their agents, including individuals and bodies
under the authority of the President, the Cabinet or the Ministries.
(4) Rights in property which are not recognized by virtue of this section shall be vested in the
National Compensation Fund and shall be disposed of in accordance with the principles, procedures and
rules of the National Compensation Tribunal.
(5) Persons occupying or using property vested in the National Compensation Fund shall
continue to occupy and use that property, as if they retained full legal and equitable title until such time
as the National Compensation Tribunal otherwise orders.
[Ch0000s210]210. �
Repealed by Act No. 4 of 2001
[Repealed by Act No. 4 of 2001]
[Ch0000s211]211.
International law
13 of 2001(1) Any international agreement entered into after the commencement of this
Constitution shall form part of the law of the Republic if so provided by an Act of Parliament.
(2) Binding international agreements entered into before the commencement of this
Constitution shall continue to bind the Republic unless otherwise provided by an Act of Parliament.
(3) Customary international law, unless inconsistent with this Constitution or an Act of
Parliament, shall form part of the law of the Republic.
CHAPTER XXIII
MISCELLANEOUS
[Ch0000s212]212.
Coming into force of this Constitution
4 of 2001(1) This Constitution shall provisionally come into force on 18th May, 1994, being the
appointed day, and shall provisionally apply as the Constitution of the Republic of Malawi for a period of