Preamble CHAPTER I. THE REPUBLIC OF MALAWI 1. Malawi a sovereign state 2. The national flag, etc 3. The national territory 4. Protection of the people of Malawi under this constitution 5. Supremacy of this Constitution 6. Authority to govern, universal and equal suffrage 7. The separate status, function and duty of the executive 8. The separate status, function and duty of the legislature 9. The separate status, function and duty of the judiciary CHAPTER II. APPLICATION AND INTERPRETATION 10. Application of this Constitution 11. Interpretation CHAPTER III. FUNDAMENTAL PRINCIPLES 12. Constitutional principles 13. Principles of national policy 14. Application of the principles of national policy CHAPTER IV. HUMAN RIGHTS 15. Protection of human rights and freedoms 16. The right to life 17. Genocide 18. Liberty 19. Human dignity and personal freedoms 20. Equality 21. Privacy 22. Family and marriage 23. Rights of children 24. Rights of women 25. Education 26. Culture and language 27. Slavery, servitude and forced labour 28. Property 29. Economic activity 30. Right to development 31. Labour 32. Freedom of association 33. Freedom of conscience 34. Freedom of opinion 35. Freedom of expression 36. Freedom of the press 37. Acess to information 38. Freedom of Assembly 39. Freedom of movement and residence 40. Political rights 41. Access to justice and legal remedies 42. Arrest, detention and fair trial 43. Administrative justice 44. Limitations on rights 45. Derogation and public emergency 46. Enforcement CHAPTER V. CITIZENSHIP 47. Citizenship CHAPTER VI. THE LEGISLATURE 48. Parliament 49. Definitions 50. Quorum 51. Qualifications of members of Parliament 52. Oath of allegiance 53. The Speaker and Deputy Speakers 54. Casting vote 55. The Clerk 56. The right to regulate procedure 57. Money bills 58. Subsidiary legislation 59. Sessions, meetings and sittings 60. Privileges and immunities 61. Member’s interests 62. Composition of the National Assembly 63. Vacancies in the National Assembly 65. Crossing the floor 66. Functions and powers of the National Assembly 67. Dissolution of the National Assembly 73. Presidential assent 74. The coming into force of laws CHAPTER VII. ELECTIONS 75. The Electoral Commission 76. Powers and functions 77. The franchise CHAPTER VIII. THE EXECUTIVE 78. The President 79. The Vice-President 80. Election of the President and the First Vice-President 81. Oath of office 82. Renumeration 83. Tenure of office 84. Death or resignation of a Vice-President 85. Vacancy of office of President and Vice-President 86. Removal from office 87. Incapacity 88. Responsibility of the President 88A. Prevention of conflicts of interests of the President and Cabinet 89. Powers and duties of the President 90. Confirmation of decisions etc., of the President 91. Immunity 92. Cabinet 93. Government departments 94. Appointment of ministers and Deputy Ministers 95. Oath of office and removal of Minister or Deputy Minister 96. Duties and functions of the Cabinet 97. Ministerial accountability 98. The Attorney General 99. The Director of Public Prosecution 100. Delegation of powers to prosecute 101. Appointment of the Director of Public Prosecutions 102. Removal of the Director of Public Prosecutions CHAPTER IX. THE JUDICATURE 103. The independence and jurisdiction of the courts and the judiciary 104. The Supreme Court of Appeal 105. Composition of the Supreme Court of Appeal 106. Acting Justices of Appeal 107. Relief from duties 108. The High Court 109. Composition of the High Court 110. Subordinate courts 111. Appointment of the Judiciary 112. Qualification of Judicial officers 113. Vacancy 114. Remuneration 115. The Judicial oath 116. The Judicial Service Commission 117. Composition 118. Powers of the Judicial Service Commission 119. Tenure of office of Judges CHAPTER X. THE OMBUDSMAN 120. The office of the Ombudsman 121. Independence of the Ombudsman 122. Appointment of Ombudsman 123. Functions and powers 124. Powers of investigation 125. Priviledges and immunities of the Ombudsman 126. Remedies 127. Reports of the Ombudsman 128. Removal from office CHAPTER XI. HUMAN RIGHTS COMMISSION 129. Establishment of the Human Rights Commission 130. Powers 131. Composition CHAPTER XII. LAW COMMISSION 132. Establishment of the Law Commission 133. Composition 134. Removal of the Law Commissioner 135. Powers and functions of the Law Commissioner 136. Independence of the Law Commission CHAPTER XIII. NATIONAL COMPENSATION TRIBUNAL 137. The National Compensation Tribunal 138. Exclusive original jurisdiction 139. Composition 140. Procedure 141. Protection of third party rights 142. Jurisdiction of ordinary courts 143. Power to waive statutory limitations 144. National Compensation Fund 145. Winding-up of the National Compensation Fund CHAPTER XIV. LOCAL GOVERNMENT 146. Local Government authorities 147. Composition of local government authorities 148. Jurisdiction of local government authorities 149. National Local Government Finance Committee, its establishment, powers and functions 150. Duty to provide adequate resources for local government functions 151. Composition of the National Local Government Finance Committee CHAPTER XV. THE POLICE 152. The Malawi Police Service 153. Powers and functions of the Police 154. The Inspector General of Police 155. The Police Service Commission 156. Power to delegate 157. Composition 158. Political independence of the Malawi Police Service CHAPTER XVI. THE DEFENCE FORCE 159. The Defence Force of Malawi 160. Constitutional position of the Defence Force of Malawi 161. Responsibility for the Defence Force of Malawi 162. The Defence and Security Committee of the National Assembly CHAPTER XVII. PRISONS 163. The Malawi Prisons Service 164. The Chief Commissioner for Prisons 165. Power to delegate 166. Appointment of the Chief Commissioner for Prisons 167. The Prisons Service Commission 168. Composition of Prisons Service Commission 169. The Inspectorate of Prisons 170. Composition of the Inspectorate of Prisons CHAPTER XVIII. FINANCE 171. Revenue 172. The Consolidated Fund 173. Withdrawal of money from the Consolidated Fund 174. Expenditure charged on the Consolidateed Fund 175. Annual estimates 176. Appropriation Bills 177. Supplementary appropriations 178. Authorization of expenditure in advance of appropriation 179. Contingency Fund 180. Raising of loans by the Government 181. Special funds and trust moneys 182. The Development Fund 183. The Protected Expenditure Fund 184. Auditor General CHAPTER XIX. THE RESERVE BANK OF MALAWI 185. The Reserve Bank of Malawi CHAPTER XX. CIVIL SERVICE 186. The Civil Service Commission 187. Powers and functions of the Civil Service Commission 188. Delegation 189. Offices to which this Chapter does not apply 190. The appointment of Diplomatic staff 191. Appointment of members of the Civil Service Commission 192. Vacancy 193. Independence of the Civil Service 194. Chairing of boards, commissions, etc CHAPTER XXI. AMENDMENT OF THIS CONSTITUTION 195. Power to amend 196. Restrictions on amendments 197. Amendments by Parliament CHAPTER XXII. TRANSITIONAL ISSUES 198. Republic, etc., to be constituted in accordance with this Constitution 199. Status of this Constitution 200. Saving of laws in force 201. Elections to the National Assembly 202. Election to the office of President 203. Saving of judicial power 204. Pending legal actions 205. Judgments and sentences pending execution 206. Existing appointments 207. Vesting of lands, etc., in the Republic 208. Savings of rights of Government in property 209. Continuation of rights of persons in property 211. International law CHAPTER XXIII. MISCELLANEOUS 212. Coming into force of this Constitution 213. Disclosure of assets by holders of certain offices 214. Short title of this Constitution 215. Definition
There shall be a Human Rights Commission the primary functions of which shall be the protection and investigation of violations of the rights accorded by this Constitution or any other law.
The Human Rights Commission shall, with respect to the applications of an individual or class of persons, or on its own motion, have such powers of investigation and recommendation as are reasonably necessary for the effective promotion of the rights conferred by or under this Constitution, or any other written law but shall not exercise a judicial or legislative function and shall not be given powers so to do.
The Human Rights Commission shall consist of—
the person for the time being holding the office of Law Commissioner;
the person for the time being holding the position of Ombudsman:
Provided that, save as prescribed by this section, no other member of the Human Rights Commission shall be a person in any public office or the President or Vice-President, a Minister or Deputy Minister or a member of Parliament.
such persons as shall be nominated from time to time in that behalf by those organizations that are considered in the absolute discretion of both the Law Commissioner and the Ombudsman to be reputable organizations representative of Malawian Society and that are wholly or largely concerned with the promotion of the rights and freedoms guaranteed by this Constitution or any other written law.
The Law Commissioner and the Ombudsman shall jointly refer the names of persons nominated under paragraph (c) of subsection (1) to the President who shall formally appoint such persons as members of the Human Rights Commission.
A member of the Human Rights Commission, other than a member by virtue of paragraph (a) or (b) of subsection (1), shall, save as otherwise provided by an Act of Parliament, continue to be a member of the Commission until such time as he or she is removed from office on the grounds of—
incompetence;
incapacity; or
in circumstances where the member is compromised to the extent that his or her ability to impartially exercise the duties of his or her office is seriously in question.
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