PDFBuy Digital Copy — $5.00 Arrangement of Sections Section Short title§ 1 Repeal of the 1966 Constitution§ 2 The Constitution of the Republic of Malawi§ 3 Malawi a sovereign state§ 1 The national flag, etc.§ 2 The national territory§ 3 Protection of the people of Malawi under this Constitution§ 4 Supremacy of this Constitution§ 5 Authority to govern, universal and equal suffrage [11 of 2010]§ 6 The separate status, function and duty of the executive§ 7 The separate status, function and duty of the legislature [11 of 2010]§ 8 The separate status, function and duty of the judiciary§ 9 Application of this Constitution§ 10 Interpretation§ 11 Constitutional principles [11 of 2010]§ 12 Principles of national policy [11 of 2010]§ 13 Application of the principles of national policy§ 14 Protection of human rights and freedoms [11 of 2010]§ 15 The right to life§ 16 Genocide§ 17 Liberty§ 18 Human dignity and personal freedoms§ 19 Equality [11 of 2010]§ 20 Privacy [11 of 2010]§ 21 Family and marriage [11 of 2010; 15 of 2017]§ 22 Rights of children [11 of 2010; 15 of 2017]§ 23 Rights of women [11 of 2010]§ 24 Education§ 25 Culture and language§ 26 Slavery, servitude and forced labour§ 27 Property§ 28 Economic activity§ 29 Right to development [11 of 2010]§ 30 Labour§ 31 Freedom of association§ 32 Freedom of conscience§ 33 Freedom of opinion [11 of 2010]§ 34 Freedom of expression§ 35 Freedom of the press§ 36 Access to information [11 of 2010]§ 37 Freedom of Assembly§ 38 Freedom of movement and residence§ 39 Political rights [11 of 2010]§ 40 Access to justice and legal remedies [11 of 2010]§ 41 Arrest, detention and fair trial [11 of 2010]§ 42 Administrative justice [11 of 2010]§ 43 Limitations on rights [11 of 2010]§ 44 Derogation and public emergency [11 of 2010]§ 45 Enforcement [11 of 2010]§ 46 Citizenship§ 47 Parliament [4 of 2001; 13 of 2001]§ 48 Definitions [4 of 2001; 13 of 2001]§ 49 Quorum [4 of 2001; 13 of 2001]§ 50 Qualifications of members of Parliament [6 of 1995; 4 of 2001; 13 of 2001; 4 of 2004]§ 51 Oath of allegiance [4 of 2001]§ 52 The Speaker and Deputy Speakers [4 of 2001; 13 of 2001; 18 of 2021]§ 53 Casting vote [4 of 2001]§ 54 The Clerk [4 of 2001]§ 55 The right to regulate procedure [6 of 1995; 4 of 2001; 13 of 2001]§ 56 Money bills [4 of 2001; 13 of 2001]§ 57 Subsidiary legislation§ 58 Sessions, meetings and sittings [4 of 2001; 13 of 2001; 18 of 2021]§ 59 Privileges and immunities [13 of 2001]§ 60 Member’s interests [4 of 2001; 13 of 2001]§ 61 Composition of the National Assembly§ 62 Vacancies in the National Assembly [31 of 1994; 4 of 2001; 4 of 2023]§ 63 [Repealed by 6 of 1995].§ 64 Crossing the floor [8 of 2001]§ 65 Functions and powers of the national Assembly [4 of 2001; 13 of 2001; 18 of 2021§ 66 Dissolution of the National Assembly [38 of 1998; 11 of 1999; 13 of 2020]§ 67 —72. [Repealed by 4 of 2001].§ 68 Presidential assent [6 of 1995]§ 73 The coming into force of laws [13 of 2001]§ 74 The Electoral Commission [13 of 2020; 4 of 2023]§ 75 Powers and functions§ 76 The franchise [6 of 1995; 11 of 2010; 13 of 2020]§ 77 The President [4 of 2004]§ 78 The Vice-President [31 of 1994]§ 79 Election of the President and the First Vice-President [31 of 1994; 6 of 1995; 38 of 1998; 13 of 2020; 4 of 2023]§ 80 Oath of office [31 of 1994; 13 of 2001; 13 of 2020]§ 81 Renumeration [31 of 1994; 13 of 2001]§ 82 Tenure of office [31 of 1994; 38 of 1998]§ 83 Death or resignation of a Vice-President [31 of 1994; 13 of 2001; 13 of 2020]§ 84 Vacancy of office of President and Vice-President [31 of 1994]§ 85 Removal from office [31 of 1994; 6 of 1995; 4 of 2001; 13 of 2001]§ 86 Incapacity [31 of 1994; 6 of 1995; 13 of 2001]§ 87 Responsibility of the President [31 of 1994; 13 of 2001]§ 88 Prevention of conflicts of interests of the President and Cabinet [13 of 2001]§ 88A Powers and duties of the President [31 of 1994; 4 of 2001]§ 89 Confirmation of decisions etc., of the President [13 of 2001]§ 90 Immunity [13 of 2001]§ 91 Cabinet [31 of 1994; 13 of 2001]§ 92 Government departments [13 of 2001]§ 93 Appointment of ministers and Deputy Ministers [6 of 1995; 13 of 2001]§ 94 Oath of office and removal of Minister or Deputy Minister [13 of 2001]§ 95 Duties and functions of the Cabinet§ 96 Ministerial accountability§ 97 The Attorney General [13 of 2001]§ 98 The Director of Public Prosecution [1 of 1997; 13 of 2001]§ 99 Delegation of powers to prosecute [13 of 2001]§ 100 Appointment of the Director of Public Prosecutions [6 of 1995; 1 of 1997]§ 101 Removal of the Director of Public Prosecutions [13 of 2001]§ 102 The independence and jurisdiction of the courts and the Judiciary§ 103 The Supreme Court of Appeal§ 104 Composition of the Supreme Court of Appeal [18 of 2021]§ 105 Acting Justices of Appeal§ 106 Relief from duties [13 of 2001]§ 107 The High Court§ 108 Composition of the High Court§ 109 Subordinate courts [1 of 1997; 13 of 2001]§ 110 Appointment of the Judiciary [6 of 1995; 1 of 1997; 11 of 2010; 18 of 2021]§ 111 Qualification of Judicial officers [18 of 2021]§ 112 Vacancy [18 of 2021]§ 113 Remuneration [11 of 2010]§ 114 The Judicial oath§ 115 The Judicial Service Commission§ 116 Composition of the Judicial Service Commission§ 117 Powers of the Judicial Service Commission [13 of 2001]§ 118 Tenure of office of Judges [11 of 2010; 18 of 2021]§ 119 The office of the Ombudsman§ 120 Independence of the Ombudsman [13 of 2001]§ 121 Appointment of Ombudsman [13 of 2001]§ 122 Functions and powers§ 123 Powers of investigation§ 124 Privileges and immunities of the Ombudsman§ 125 Remedies [6 of 1995]§ 126 Reports of the Ombudsman§ 127 Removal from office§ 128 Establishment of the Human Rights Commission§ 129 Powers [13 of 2001]§ 130 Composition [13 of 2001]§ 131 Establishment of the Law Commission [13 of 2001]§ 132 Composition [13 of 2001]§ 133 Removal of the Law Commissioner [13 of 2001]§ 134 Powers and functions of the Law Commissioner§ 135 Independence of the Law Commission§ 136 The National Compensation Tribunal§ 137 Exclusive original jurisdiction [1 of 1997]§ 138 Composition [1 of 1997]§ 139 Procedure [6 of 1995; 1 of 1997]§ 140 Protection of third party rights [1 of 1997]§ 141 Jurisdiction of ordinary courts§ 142 Power to waive statutory limitations§ 143 National Compensation Fund [1 of 1997]§ 144 Winding-up of the National Compensation Fund§ 145 Local Government authorities [6 of 1995; 13 of 2001]§ 146 Composition of local government authorities [6 of 1995; 1 of 1997; 13 of 2001; 8 of 2010; 25 of 2012; 13 of 2020; 18 of 2021]§ 147 Jurisdiction of local government authorities§ 148 National Local Government Finance Committee, its establishment, powers and functions [13 of 2001]§ 149 Duty to provide adequate resources for local government functions [13 of 2001]§ 150 Composition of the National Local Government Finance Committee [13 of 2001]§ 151 The Malawi Police Service [13 of 2001]§ 152 Powers and functions of the Police [13 of 2001]§ 153 The Inspector General of Police [6 of 1995; 13 of 2001]§ 154 The Police Service Commission§ 155 Power to delegate [13 of 2001]§ 156 Composition [13 of 2001]§ 157 Political independence of the Malawi Police Service [13 of 2001]§ 158 The Defence Force of Malawi [13 of 2001; 4 of 2004]§ 159 Constitutional position of the Defence Force of Malawi [4 of 2004]§ 160 Responsibility for the Defence Force of Malawi [13 of 2001; 4 of 2004]§ 161 The Defence and Security Committee of the National Assembly [18 of 2021]§ 162 The Malawi Prisons Service [13 of 2001]§ 163 The Chief Commissioner for Prisons§ 164 Power to delegate§ 165 Appointment of the Chief Commissioner for Prisons§ 166 The Prisons Service Commission [13 of 2001]§ 167 Composition of Prisons Service Commission [13 of 2001]§ 168 The Inspectorate of Prisons [13 of 2001]§ 169 Composition of the Inspectorate of Prisons [13 of 2001]§ 170 Revenue§ 171 The Consolidated Fund§ 172 Withdrawal of money from the Consolidated Fund [13 of 2001]§ 173 Expenditure charged on the Consolidateed Fund§ 174 Annual estimates [13 of 2001]§ 175 Appropriation Bills§ 176 Supplementary appropriations§ 177 Authorization of expenditure in advance of appropriation§ 178 Contingency Fund [1 of 1997]§ 179 Raising of loans by the Government§ 180 Special funds and trust moneys§ 181 The Development Fund§ 182 The Protected Expenditure Fund [13 of 2001; 18 of 2021]§ 183 Auditor General [6 of 1995]§ 184 The Reserve Bank of Malawi [13 of 2001]§ 185 The Civil Service Commission [13 of 2001]§ 186 Powers and functions of the Civil Service Commission§ 187 Delegation§ 188 Offices to which this Chapter does not apply [4 of 2001; 13 of 2001; 4 of 2004; 18 of 2021]§ 189 The appointment of Diplomatic staff [13 of 2001]§ 190 Appointment of members of the Civil Service Commission [13 of 2001]§ 191 Vacancy [13 of 2001]§ 192 Independence of the Civil Service [13 of 2001]§ 193 Chairing of boards, commissions, etc.§ 194 Parliamentary Service [18 of 2021]§ 194A Parliamentary Service Commission [18 of 2021]§ 194B Powers and functions of the Parliamentary Service Commission [18 of 2021]§ 194C Composition of the Parliamentary Service Commission [18 of 2021]§ 194D Tenure of office [18 of 2021]§ 194E Temporary absence of Chairman [18 of 2021]§ 194F Independence of the Parliamentary Service Commission [18 of 2021]§ 194G Power to amend§ 195 Restrictions on amendments [11 of 2010]§ 196 Amendments by Parliament§ 197 Republic, etc., to be constituted in accordance with this Constitution§ 198 Status of this Constitution§ 199 Saving of laws in force§ 200 Elections to the National Assembly§ 201 Election to the office of President§ 202 Saving of judicial power§ 203 Pending legal actions§ 204 Judgments and sentences pending execution§ 205 Existing appointments [13 of 2001]§ 206 Vesting of lands, etc., in the Republic§ 207 Savings of rights of Government in property [13 of 2001]§ 208 Continuation of rights of persons in property§ 209 [Repealed by Act No. 4 of 2001]§ 210 International law [13 of 2001]§ 211 Coming into force of this Constitution [4 of 2001]§ 212 Disclosure of assets by holders of certain offices [1 of 1997; 4 of 2001]§ 213 Short title of this Constitution [1of 1997]§ 214 Definition [1 of 1997]§ 215 CONSTITUTION ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Repeal of the 1966 Constitution 3. The Constitution of the Republic of Malawi 20 of 199431 of 19946 of 19957 of 19951 of 1997… Members-only content Continue reading this exclusive content by subscribing to one of our membership plans. Subscribe NowAlready a Member? Log In
