DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on
this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).
PART VI: OWNERSHIP, DISCOVERY, COLLECTION,
EXCAVATION AND REMOVAL OF MONUMENTS AND RELICS
25.-1. All monuments and relics, whether movable or immovable, lying on or
beneath the surface of the ground or in a river, a lake or other waters are hereby
declared to be the absolute property of the Government, except the following
(a) privately-owned monuments whose owners establish title thereto;
(b) privately-owned monuments or relics which have been registered by the owners
with the Minister; and
(c) monuments or relics which, in the opinion of the Minister expressed in writing,
need not be registered but which have been shown to the Minister pursuant to
subsection (2).
- 2 An organization or an individual shall have the right to own monuments or
relics and keep them in private collections provided that the monuments or relics
have been shown to the Minister for registration of such items.
- 3. Every person in possession of monuments whether or not registered, shall
keep them safe and preserve them and shall refrain from modifying them in any way
and whenever such monuments or relics are, or are likely to be lost or damaged, he
shall immediately notify the Minister.
- 4. A monument or relic imported into Malawi shall of the absolute property of
the Government if it remains in Malawi for two or more years, unless it was declared
on entry.
- 5. The Minister may seize any privately-owned me or relic which has not been
registered with the Mil shown to him for registration.
26.-1. Whenever a person transfers the ownership or possession of any protected
monument or protected he shall
(a) within fourteen days of the transfer, notify the in writing, the fact of the transfer;
and
(b) inform the transferee that the monument or retransferred is a protected
monument or protected relic
-2. A protected monument or protected relic shall continue to enjoy the
protection available under this Act irrespective of the person in possession or control
of it.
-3. Ownership of any protected monument or protected relic belonging to the
Government shall not be transferable.
-4. A protected monument or protected relic belonging to public body or public
utility service may only be disposed of with the authorization of the Minister, and the
ownership thereof may be transferred only to the Government or to another public
body or public utility service.
-5. Ownership of any land shall not, in itself, entitle the owner of the land to
dispose of the monuments or relics on or under the surface of that land.
-6. In an action brought by the Government or by the owner, which action may
be brought at any time notwithstanding any provision to the contrary in any written
law regarding limitation of actions, a court may, upon proof that the acquisition of a
monument or relic by any person was effected in contravention of subsection (1), (2)
or (3), declare such acquisition to be void and, upon such declaration, shall order
that the monument or relic in question be restored to the Government or to its
original owner:
Select target paragraph3