LODGED BY THE REPUBLIC OF MALAWI UNDER THE CAPE TOWN CONVENTION AT THE TIME OF DEPOSIT OF ITS INSTRUMENT OF ACCESSION
Form No. 1 (Specific declarations under Article 39(1)(a))
The Republic of Malawi declares that the following categories of non-consensual right or interest:
(a) payments due to workers arising out of employment relations;
(b) liens created by repairmen on objects in their possession; and
(c) taxes, duties or levies due to the Government,
have priority under its law over an interest in an object equivalent to that of the holder of a registered international interest and shall, to the extent provided by its law, have priority over a registered international interest, whether in or outside insolvency proceedings.
Form No. 4 (General declaration under Article 39(1)(b))
The Republic of Malawi declares that nothing in the Convention shall affect its right or that of any entity of the State, any Intergovernmental Organization, or other private provider of public services, to arrest or detain an object under the Laws of Malawi, for payment of amounts owed to the Republic of Malawi, any such entity, organization or provider, directly relating to the services provided by it in respect of that object or another object.
Form No. 6 (Declaration under Article 40)
The Republic of Malawi declares that consensual rights or rights of judgment creditors are a category of non-consensual rights or interests and shall be registerable under the Convention as regards any category of object as if the rights or interests were an international interest and shall be regulated accordingly.
Form No. 11 (Declaration under Article 53)
The Republic of Malawi declares that, the High Court of Malawi and the Supreme Court of Appeal of Malawi are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.
Form No. 13 (Mandatory declaration under Article 54(2))
The Republic of Malawi declares that any remedies available to a creditor under the Convention which are not expressed under the relevant provision thereof to require application to court, may be exercised without leave of the court.
The International Institute for the Unification of Private Law (UNIDROIT) is an independent intergovernmental Organisation with its seat in the Villa Aldobrandini in Rome. Its purpose is to study needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law as between States and groups of States and to formulate uniform law instruments, principles and rules to achieve those objectives.