Malawi 1994 Constitution (reviewed 2017)

CHAPTER XXI. AMENDMENT OF THIS CONSTITUTION

195. Power to amend

Parliament may amend this Constitution in accordance with this Chapter.

196. Restrictions on amendments

1. Subject to this section, Parliament may amend this Chapter and the sections of this Constitution listed in the Schedule only if—
   1. the provision to be amended and the proposed amendment to it have been put to a referendum of the people of Malawi and the majority of those voting have voted for the amendment; and
   2. the Electoral Commission has so certified to the Speaker of the National Assembly.
2. The Parliament may pass a Bill proposing an amendment to which the conditions set out in subsection (1) have been satisfied by a simple majority.
3. Notwithstanding subsection (1), Parliament may pass a Bill containing an amendment to the provisions referred to in that subsection without a referendum where—
   1. the amendment would not affect the substance or the effect of the Constitution;
   2. the Speaker has so certified; and
   3. the Bill is supported by a majority of at least two-thirds of the total number of members of the National Assembly entitled to vote.

197. Amendments by Parliament

Subject to section 196, Parliament may amend those Chapters and sections of this Constitution not listed in the Schedule only if the Bill proposing the amendment is supported by at least two-thirds of the total number of members of the National Assembly entitled to vote.