War Graves Act

This section gives the Act its short title: the War Graves Act.

Jurisdiction: Malawi
Instrument: Act or statute
Citation: Act 12 of 1967
Version: 31 Dec 2014
Language: en
Official source: View official record ↗

access to land burial cemeteries cemetery maintenance compliance damage compensation dispute resolution heritage protection property protection war graves

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About this statute

This section gives the Act its short title: the War Graves Act. This section defines “the Commission” and “war grave” for the Act. The Minister may, by notice in the Gazette, give the Commission control of war graves, war grave cemeteries, or land for a War Memorial. The Commission may do whatever is necessary or convenient to carry out its purposes, including maintaining war graves or cemeteries under its control, and enclosing or improving them, but it must follow the Minister’s general or special directions. If the Commission enters private land containing a war grave, it must give the occupier at least 24 hours’ notice, consult the occupier’s convenience as far as possible, and pay for actual damage caused by exercising its powers.

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Provisions of War Graves Act

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1
Short title
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This section gives the Act its short title: the War Graves Act.

1. Short title This Act may be cited as the War Graves Act.
2
Interpretation
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This section defines “the Commission” and “war grave” for the Act.

2. Interpretation In this Act— " the Commission " means the Commonwealth War Graves Commission, a body corporate constituted by Royal Charter of the United Kingdom of the 21st May, 1917; " war grave " means a grave which has been accepted by the Commission as a grave within the purposes of the said Charter and of a Supplemental Charter of the 8th June, 1964.
3
Power to vest control of war graves and, cemeteries in Commission
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The Minister may, by notice in the Gazette, give the Commission control of war graves, war grave cemeteries, or land for a War Memorial.

3. Power to vest control of war graves and, cemeteries in Commission The Minister may from time to time, by notice published in the Gazette , vest in the Commission — (a) the control of all or any war graves in Malawi or in any area of Malawi, whether on public, private or customary land; (b) the control of any piece of public or customary land containing war graves (in this Act referred to as a war grave cemetery); and (c) the control of any piece of land for the erection by the Commission of a War Memorial elsewhere than in a war grave cemetery.
4
Powers of Commission
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The Commission may do whatever is necessary or convenient to carry out its purposes, including maintaining war graves or cemeteries under its control, and enclosing or improving them, but it must follow the Minister’s general or special directions.

4. Powers of Commission The Commission shall, subject to the general or special directions of the Minister, have all powers necessary or convenient for the fulfilment of their purposes and in particular for maintaining any war grave or war grave cemetery under their control in proper order and for maintaining and improving the appearance and amenities of the grave or cemetery. Such powers include the power to enclose the grave or cemetery and to erect and maintain thereon or therein gravestones, tablets, or monuments of any description.
5
Protection of private rights
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If the Commission enters private land containing a war grave, it must give the occupier at least 24 hours’ notice, consult the occupier’s convenience as far as possible, and pay for actual damage caused by exercising its powers.

5. Protection of private rights (1) Where a war grave is situated on private land, the Commission shall before entering thereon give at least twenty-four hours notice to the occupier, if any, and shall, as far as possible, consult his convenience, and shall compensate him for any actual damage caused to him by the exercise of their powers. (2) In the event of dispute, the amount of such compensation shall be fixed by the Minister, whose decision shall be final. (3) Nothing in this Act shall affect the right of the owner of any grave in a war grave cemetery, not being a war grave , to have access to and maintain such grave, or confer on the Commission any right to interfere with any such grave or gravestone tablet, or monument thereon.
6
Exclusive right of burial
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The Commission has the exclusive right of burial in war graves under its control, and the Minister may extend that right to vacant spaces in such cemeteries. No one may bury a body there without the Commission’s consent.

6. Exclusive right of burial (1) The Commission shall have the exclusive right of burial in all war graves under their control. (2) The Minister may confer on the Commission the exclusive right of burial in any vacant space in a war grave cemetery under their control. (3) No person shall, except with the consent of the Commission , bury any body in any war grave or in any vacant space in any war grave cemetery in which the Commission have the exclusive right of burial.
7
Power to remove bodies from war graves
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The Commission may remove a body from a war grave and re-inter it, but only with the Minister’s consent and subject to the Minister’s conditions; it should first try to get the widow’s or next-of-kin’s consent and must not proceed if removal would be against their wishes.

7. Power to remove bodies from war graves Where the Commission are satisfied that by reason of its situation or for any other reason a war grave cannot be properly maintained in its present position, they may, with the consent of the Minister and subject to such conditions as he may impose, remove the body from the war grave and re-inter it in any place approved by the Minister for the purpose: Provided that the Commission shall, before removing a body, endeavour to obtain the consent of the widow, if any, of the deceased, or, if there is no widow, of one of his next-of-kin, and shall not remove the body if they are of opinion that the removal will be against the wishes of the widow, or, it there is no widow, of the next-of-kin.
8
Offences in relation to war graves
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No person may wilfully damage or mark listed Commission property, disturb soil of war graves or war grave cemeteries without the required consent or lawful title, or obstruct the Commission and its agents.

8. Offences in relation to war graves (1) No person shall wilfully destroy, injure, defile, disfigure or deface any building, wall, fence, gate, tree, plant, monument, tablet, inscription or gravestone belonging to or under the control of the Commission . (2) No person shall without the consent of the Commission disturb the soil of any war grave under their control or without lawful title the soil of any war grave cemetery under their control. (3) No person shall obstruct the Commission or any servant or agent of the Commission in the exercise of their powers or rights under this Act.
9
Penalty
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A person who breaches any provision of the Act is liable to a K200 fine and up to six months’ imprisonment.

9. Penalty Any person who contravenes any of the provisions of this Act shall be liable to a fine of K200 and to imprisonment for six months.

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War Graves Act

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