CONSTITUTION OF THE REPUBLIC OF MALAWI

1 CONSTITUTION OF THE REPUBLIC OF MALAWIARRANGEMENT OF SECTIONSS ectionCHAPTER ITHE REPUBLIC OF MALAWI 1. MALAWI a sovereign state2. The national flag, The national territory4. Protection of the people of MALAWI under this Constitution5. Supremacy of this Constitution6. Universal and equal suffrage7. The separate status, function and duty of the executive8. The separate status, function and duty of the legislature9. The separate status, function and duty of the judiciary CHAPTER IIAPPLICATION AND INTERPRETATION 10. Application of this Constitution11. Interpretation CHAPTER IIIFUNDAMENTAL PRINCIPLES 12. Constitutional principles13. Principles of national policy14. Application of the principles of national policy CHAPTER IVHUMAN RIGHTS 15. Protection of human rights and freedoms16. The right to lifePage 1of 10 CONSTITUTION of the REPUBLIC of Genocide18. Liberty19. Human dignity and personal freedoms20. Equality21. Privacy22. Family and marriage23.

2 Rights of children24. Rights of women25. Education26. Culture and language27. Slavery, servitude and forced labour28. Property29. Economic activity30. Right to development31. Labour32. Freedom of association33. Freedom of conscience34. Freedom of opinion35. Freedom of expression36. Freedom of the press37. Access to information38. Freedom of assembly39. Freedom of movement and residence40. Political rights41. Access to justice and legal remedies42. Arrest, detention and fair trialPage 2of 10 CONSTITUTION of the REPUBLIC of Administrative justice44. Limitations on rights45. Derogation and public emergency46. Enforcement CHAPTER VCITIZENSHIP 47. Citizenship CHAPTER VITHE LEGISLATURE 48. Parliament49. Definitions50. Quorum51. Qualifications of members of Parliament52. Oath of allegiance53. The Speaker54. Casting vote55. The Clerk56. The right to regulate procedure57. Money Bills58. Subsidiary legislation59. Sessions and sittings60.

3 Privileges and immunities61. Member's interests62. Composition of the National Assembly63. Vacancies in the National Assembly64. Recall of members (Repealed by Act No. 6 of 1995)65. Crossing the floor66. Functions and powers of the National AssemblyPage 3of 10 CONSTITUTION of the REPUBLIC of Dissolution of Parliament68. Composition of the Senate69. Vacancies in the Senate70. Functions and powers of the Senate71. Scrutiny by the Senate72. Dissolution of the Senate73. Presidential assent74. The coming into force of laws CHAPTER VIIELECTIONS 75. The Electoral Commission76. Powers and functions77. The franchise CHAPTER VIIITHE EXECUTIVE 78. The President79. Vice-Presidents80. Election of the President and the First Vice-President81. Oath of office82. Remuneration83. Tenure of office84. Death or resignation of the Vice-President85. Vacancy of office of President and Vice-President86. Removal from office87. Incapacity88. Responsibilities of the President89.

4 Powers and duties of the President90. Confirmation of decisions, etc., of the PresidentPage 4of 10 CONSTITUTION of the REPUBLIC of Immunity92. Cabinet93. Government departments94. Appointment of Ministers and Deputy Ministers95. Confirmation of appointments of Ministers or Deputy Ministers96. Duties and functions of the Cabinet97. Ministerial accountability98. The Attorney General99. The Director of Public Prosecutions100. Delegation of powers to prosecute101. Appointment of the Director of Public Prosecutions102. Removal of the Director of Public Prosecutions CHAPTER IXTHE JUDICATURE 103. The independence and jurisdiction of the courts and the judiciary104. The Supreme Court105. Composition of the Supreme Court of Appeal106. Acting Justices of Appeal107. Relief from duties108. The High Court109. Composition of the High Court110. Subordinate courts111. Appointment of the Judiciary112. Qualification of Judicial officers113. Vacancy114.

5 Remuneration115. Judicial oathPage 5of 10 CONSTITUTION of the REPUBLIC of The Judicial Service Commission117. Composition118. Powers of the Judicial Service Commission119. Tenure of judges CHAPTER XTHE OMBUDSMAN 120. The Office of the Ombudsman121. Independence of the Ombudsman122. Appointment of the Ombudsman123. Functions and powers124. Powers of investigation125. Privileges and immunities of the Ombudsman126. Remedies127. Reports of the Ombudsman128. Removal from office CHAPTER XIHUMAN RIGHTS COMMISSION 129. Establishment of the Human Rights Commission130. Powers131. Composition CHAPTER XIILAW COMMISSION 132. Establishment of the Law Commission133. Composition134. Removal of the Law Commissioner, Powers and functions of the Law Commission136. Independence of the Law Commission CHAPTER XIIINATIONAL COMPENSATION FUNDPage 6of 10 CONSTITUTION of the REPUBLIC of 137. The National Compensation Tribunal138. Exclusive original jurisdiction139.

6 Composition140. Procedure141. Protection of third party rights142. Jurisdiction of the ordinary courts143. Power to waive statutory limitations144. National Compensation Fund145. Winding up of the National Compensation Fund CHAPTER XIVLOCAL GOVERNMENT 146. Functions of local government authorities147. Composition of local government authorities148. Jurisdiction of local government authorities149. National Local Government Finance Committee, its establishment, powers and functions150. Duty to provide adequate resources for local government functions151. Composition of the National Local Government Finance Committee CHAPTER XVTHE POLICE 152. The MALAWI Police Force153. Powers and functions of the Police154. The Inspector General of Police155. The Police Service Commission156. Power to delegate157. Composition158. Political independence of the MALAWI Police Force CHAPTER XVIPage 7of 10 CONSTITUTION of the REPUBLIC of DEFENCE FORCES 159.

7 The Defence Forces of Malawi160. Constitutional position of the Defence Forces of Malawi161. Responsibility for the Defence Forces of Malawi162. The Defence and Security Committee of the National Assembly CHAPTER XVIIPRISONS 163. The MALAWI Prison Service164. The Chief Commissioner for Prisons165. Power to delegate166. Appointment of the Chief Commissioner for Prisons167. The Prison Service Commission168. Composition of the Prison Service Commission169. The Inspectorate of Prisons170. Composition of the Inspectorate of Prisons CHAPTER XVIIIFINANCE 171. Revenue172. The Consolidated Fund173. Withdrawal of money from the Consolidated Fund174. Expenditure charged on the Consolidated Fund175. Annual estimates176. Appropriation Bills177. Supplementary appropriations178. Authorization of expenditure in advance of appropriation179. Contingency Fund180. Raising of loans by the Government181. Special funds and trust moneysPage 8of 10 CONSTITUTION of the REPUBLIC of The Development Fund183.

8 Protected expenditure184. Auditor General CHAPTER XIXTHE RESERVE BANK OF MALAWI 185. The Reserve Bank of MALAWI CHAPTER XXCIVIL SERVICE 186. The Civil Service Commission187. Powers of the Civil Service Commission188. Delegation189. Offices to which this Chapter does not apply190. The appointment of Diplomatic staff191. Appointment of members of the Civil Service Commission192. Vacancy193. Independence of the Civil Service194. Appointments of boards, etc., and appointment and removal of public officers CHAPTER XXIAMENDMENT OF THIS CONSTITUTION 195. Power to amend196. Restrictions on amendments197. Amendments by Parliament CHAPTER XXIITRANSITIONAL PROVISIONS 198. REPUBLIC , etc. to be constituted in accordance with this Constitution199. Status of this Constitution200. Saving of laws in force201. Elections to the National AssemblyPage 9of 10 CONSTITUTION of the REPUBLIC of Elections to the office of President203. Saving of judicial power204.

9 Pending legal actions205. Judgements and sentences pending execution206. Existing appointments207. Vesting of lands, etc., in the Republic208. Savings of rights of the Government in property209. Continuation of rights of persons in property210. Constitutional position pending establishment of the Senate211. International law CHAPTER XXIIIMISCELLANEOUS 212. Coming into force of this Constitution213. Disclosure of assets by holders of certain officers214. Short title of this Constitution215. Definition Schedule Page 10of 10 CONSTITUTION of the REPUBLIC of CHAPTER I THE REPUBLIC OF MALAWI20 of 199431 of 19946 of 19957 of 19951 of 199738 of 1998 MALAWI a sovereign REPUBLIC of MALAWI is a sovereign State with rights and obligations under the Law of national flag, shall have a National Flag, a National Coat of Arms, a National Anthem and a Public national national territory of the REPUBLIC of MALAWI shall consist of all the territory, including airspace, waters and islands which comprised the territory of MALAWI before the commencement of this CONSTITUTION , and shall include any territory lawfully acquired thereafter by adjustment of boundaries or of the people of MALAWI under this CONSTITUTION shall bind all executive, legislative and judicial organs of the State at all levels of Government and all the peoples MALAWI are entitled to the equal protection of this CONSTITUTION .

10 And laws made under of this act of Government or any law that is inconsistent with the provisions of this CONSTITUTION shall, to the extent of such inconsistency, be and equal as otherwise provided in this CONSTITUTION , the authority to govern derives from the people of MALAWI as expressed through universal and equal suffrage in elections held in accordance with this CONSTITUTION in a manner prescribed by an Act of separate status, function and executive shall be responsible for the initiation of policies and legislation and for the implementation of all laws which embody the of the executive express wishes of the people of MALAWI and which promote the principles of this separate status, function and duty of the legislature when enacting laws shall reflect in its deliberations the interests of all the people of MALAWI and shall further the values explicit or implicit in this separate status, functions duty of the judiciary shall have the responsibility of interpreting, protecting and enforcing this CONSTITUTION and all laws and in accordance with this CONSTITUTION in an independent and impartial manner with regard only to legally relevant facts and the prescriptions of 1of 1 Chapter I : The REPUBLIC of CHAPTER II APPLICATION AND INTERPRETATIONA pplication of this Constitution10,-1In the interpretation of all laws and in the resolution of political disputes the provisions of this CONSTITUTION shall be regarded as the supreme arbiter and ultimate source of authority.