There shall be the Defence Force of Malawi which shall be the only military force constituted in Malawi and which shall be regulated in accordance with this Constitution and any other written law.
160. Constitutional position of the Defence Force of Malawi
The Defence Force of Malawi shall operate at all times under the direction of those civil authorities in whom this Constitution vests such power, and shall—
uphold the sovereignty and territorial integrity of the Republic and guard against threats to the safety of its citizens by force of arms;
uphold and protect the constitutional order in the Republic and assist the civil authorities in the proper exercise of their functions under this Constitution;
provide technical expertise and resources to assist the civilian authorities in the maintenance of essential services in times of emergency; and
perform such other duties outside the territory of Malawi as may be required of them by any treaty entered into by Malawi in accordance with the prescriptions of international law, but no part of the Defence Force of Malawi shall be employed outside the territory of the Republic for more than ninety days without the approval of the National Assembly.
No person or authority may direct or deploy the Defence orce of Malawi to act in contravention of this Constitution.
161. Responsibility for the Defence Force of Malawi
The ultimate responsibility for the Defence Force of Malawi shall vest in the President as Commander-in-Chief.
There shall be a Commander of the Defence Force of Malawi who shall be appointed by the President.
The Commander of the Defence Force of Malawi shall, in the day to day management of the Defence Force, be accountable to the Minister responsible for defence in whom shall vest political responsibility for the Defence Force of Malawi.
Any power conferred on the President by virtue of this Chapter shall only be exercised on the recommendation of Defence Council which shall be constituted under an Act of Parliament and which shall include the Minister responsible for Defence and the High Command of the Defence Force of Malawi and which shall have—
the power to determine the operational use of the Defence Force of Malawi;
the power to appoint and remove from office senior officers and other members of the Defence Force of Malawi; and
such other powers and duties as may be prescribed by an Act of Parliament.
All powers conferred by subsection (4) shall be exercised subject to the scrutiny of a Defence and Security Committee of the National Assembly established by section 162.
The Defence Council may, by directions in writing and subject to such conditions as may be laid down by an Act of Parliament or as are adopted by the National Assembly on the recommendation of the Defence and Security Committee of the National Assembly, delegate to any member of the Defence Force of Malawi any of the powers conferred on the Defence Council by an Act of Parliament.
Where it is necessary to deploy any part of the Defence Force of Malawi to counter a threat to Malawi or to any of its allies, the President shall declare a state of national defence and shall inform the National Assembly promptly and in appropriate detail.
If a declaration of a state of national defence made under subsection (7) is not approved by the National Assembly within seven days after the declaration, the state of national defence shall lapse immediately after fourteen days.
Where the National Assembly is not sitting at the time of the declaration of a state of national defence, the President shall summon an extraordinary meeting of the National Assembly within seven days to inform the National Assembly of the declaration.
162. The Defence and Security Committee of the National Assembly
There shall be a Defence and Security Committee of the National Assembly which shall represent proportionally the political parties having seats in the National Assembly, and shall have such powers and functions as may be conferred upon it by this Constitution and an Act of Parliament.
The Defence and Security Committee may be assembled at any time, notwithstanding that Parliament stands adjourned and, where Parliament stands dissolved, shall continue to be constituted until such time as a new session of Parliament begins and a new Defence and Security Committee is appointed but no member shall otherwise hold office for more than one year.
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