New law broadens investigative powers, allows firearms use, and strengthens inter-agency execution
By Edwin Mauluka
The Department of Forestry says the Forest Act Amendment of 2025 is aimed at removing enforcement bottlenecks that limited the effectiveness of the previous law.
Acting Director of Forestry in the Ministry of Natural Resources, Teddie Kamoto, said the principal legislation lacked key operational procedures, making it difficult to enforce several provisions.
Among the challenges were the absence of clear regulations governing the use of firearms by forestry officers, inadequate enforcement capacity due to staff shortages, and the omission of specific penalties for certain offences.
In an interview with The Forum, Kamoto said the amendment now formally recognises multiple enforcement agencies to support implementation of the law.
“The principal legislation only recognised forestry officers and, in some cases, the Malawi Police Service. It did not recognise the Malawi Defence Force or scouts from the Department of National Parks,” said Kamoto. “Even though we could work with other agencies, the fact that they were not recognised in law created operational challenges.”
He said the amendment also empowers forestry officers to conduct criminal investigations. These functions were previously limited to the police.
“That arrangement created challenges because police officers may not fully understand the technicalities of forestry offences. The amendment now allows our officers to investigate, working closely with the Malawi Police Service,” Kamoto said.
He added that the revised law has been aligned with other sector legislation to ensure consistency in enforcement.
Kamoto said the department will intensify public awareness of the amendment, beginning with engagement with the media before reaching out to communities.
“We will also work with NGOs to support advocacy efforts, and with traditional leaders through the chiefs’ forum,” he said.
Under the 2025 amendment, the Forest Act now recognises several agencies as enforcement officers, including the Malawi Police Service, Malawi Defence Force, Department of National Parks and Wildlife, Department of Fisheries, Malawi Revenue Authority, Department of Immigration, the Department of Road Traffic and Safety Services, and the Malawi Environmental Protection Authority.
The law empowers enforcement officers to inspect, arrest, detain suspects and seize goods without a warrant where there are reasonable grounds to believe a forest-related offence has been committed.
The amendment also provides a clear framework regulating the use of firearms by forest officers in specific circumstances, including preventing escape, effecting lawful arrests, or rescuing persons under lawful custody.
Forestry officers have further been granted powers to conduct criminal investigations into offences under the Act, a role previously limited to the police.
Penalties under the revised law have been significantly strengthened. Entering or attempting to enter a protected forest area now attracts a fine of up to MWK3 million or a maximum of five years’ imprisonment with hard labour.
For charcoal-related offences, fines have been increased from MWK5 million to MWK10 million, while the maximum custodial sentence of 10 years has been retained. Charcoal trafficking without a permit or licence has been made a non-fineable offence, carrying a mandatory prison sentence of up to 10 years.
The amendment also expands the Minister’s authority to determine the disposal of forfeited property, including motor vehicles, beyond forest produce alone.
In addition, industries that use or process wood or forest produce without a permit or licence now face penalties of up to MWK50 million or 20 years’ imprisonment with hard labour. Cutting down protected trees without authorisation attracts a fine of up to MWK3 million or five years’ imprisonment.
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