CONSTITUTION OF THE REPUBLIC OF MALAWI
ARRANGEMENT OF SECTIONS
CHAPTER I
THE REPUBLIC OF MALAWI
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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. 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
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CHAPTER II
APPLICATION AND INTERPRETATION
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10. Application of this Constitution
11. Interpretation
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CHAPTER III
FUNDAMENTAL PRINCIPLES
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12. Constitutional principles
13. Principles of national
policy
14. Application of the
principles of national policy
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CHAPTER IV
HUMAN RIGHTS
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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. Access 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
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CHAPTER V
CITIZENSHIP
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47. Citizenship
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CHAPTER VI
THE LEGISLATURE
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48. Parliament
49. Definitions
50. Quorum
51. Qualifications of
members of Parliament
52. Oath of allegiance
53. The Speaker
54. Casting vote
55. The Clerk
56. The right to regulate
procedure
57. Money Bills
58. Subsidiary legislation
59. Sessions and sittings
60. Privileges and immunities
61. Member's interests
62. Composition of the
National Assembly
63. Vacancies in the National
Assembly
64. Recall of members
(Repealed by Act No. 6 of 1995)
65. Crossing the floor
66. Functions and powers
of the National Assembly
67. Dissolution of Parliament
68. Composition of the
Senate
69. Vacancies in the Senate
70. Functions and powers
of the Senate
71. Scrutiny by the Senate
72. Dissolution of the
Senate
73. Presidential assent
74. The coming into force
of laws
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CHAPTER VII
ELECTIONS
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75. The Electoral Commission
76. Powers and functions
77. The franchise
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CHAPTER VIII
THE EXECUTIVE
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78. The President
79. Vice-Presidents
80. Election of the President
and the First Vice-President
81. Oath of office
82. Remuneration
83. Tenure of office
84. Death or resignation
of the Vice-President
85. Vacancy of office
of President and Vice-President
86. Removal from office
87. Incapacity
88. Responsibilities of
the President
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. Confirmation of appointments
of Ministers or Deputy Ministers
96. Duties and functions
of the Cabinet
97. Ministerial accountability
98. The Attorney General
99. The Director of Public
Prosecutions
100. Delegation of powers
to prosecute
101. Appointment of the
Director of Public Prosecutions
102. Removal of the Director
of Public Prosecutions
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103. The independence and
jurisdiction of the courts and the judiciary
104. The Supreme Court
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. Judicial oath
116. The Judicial Service
Commission
117. Composition
118. Powers of the Judicial
Service Commission
119. Tenure of judges
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CHAPTER X
THE OMBUDSMAN
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120. The Office of the
Ombudsman
121. Independence of
the Ombudsman
122. Appointment of
the Ombudsman
123. Functions and powers
124. Powers of investigation
125. Privileges and
immunities of the Ombudsman
126. Remedies
127. Reports of the
Ombudsman
128. Removal from office
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CHAPTER XI
HUMAN RIGHTS COMMISSION
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129. Establishment of the
Human Rights Commission
130. Powers
131. Composition
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CHAPTER XII
LAW COMMISSION
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132. Establishment of the
Law Commission
133. Composition
134. Removal of the
Law Commissioner, etc.
135. Powers and functions
of the Law Commission
136. Independence of
the Law Commission
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CHAPTER XIII
NATIONAL COMPENSATION
FUND
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137. The National Compensation
Tribunal
138. Exclusive original
jurisdiction
139. Composition
140. Procedure
141. Protection of third
party rights
142. Jurisdiction of
the ordinary courts
143. Power to waive
statutory limitations
144. National Compensation
Fund
145. Winding up of the
National Compensation Fund
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CHAPTER XIV
LOCAL GOVERNMENT
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146. Functions of 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
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CHAPTER XV
THE POLICE
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152. The Malawi Police
Force
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 Force
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CHAPTER XVI
THE DEFENCE FORCES
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159. The Defence Forces
of Malawi
160. Constitutional
position of the Defence Forces of Malawi
161. Responsibility
for the Defence Forces of Malawi
162. The Defence and
Security Committee of the National Assembly
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CHAPTER XVII
PRISONS
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163. The Malawi Prison
Service
164. The Chief Commissioner
for Prisons
165. Power to delegate
166. Appointment of
the Chief Commissioner for Prisons
167. The Prison Service
Commission
168. Composition of
the Prison Service Commission
169. The Inspectorate
of Prisons
170. Composition of
the Inspectorate of Prisons
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CHAPTER XVIII
FINANCE
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171. Revenue
172. The Consolidated
Fund
173. Withdrawal of money
from the Consolidated Fund
174. Expenditure charged
on the Consolidated 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. Protected expenditure
184. Auditor General
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CHAPTER XIX
THE RESERVE BANK OF
MALAWI
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185. The Reserve Bank of
Malawi
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CHAPTER XX
CIVIL SERVICE
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186. The Civil Service
Commission
187. Powers 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. Appointments of
boards, etc., and appointment and removal of public officers
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CHAPTER XXI
AMENDMENT OF THIS CONSTITUTION
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195. Power to amend
196. Restrictions on
amendments
197. Amendments by Parliament
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CHAPTER XXII
TRANSITIONAL PROVISIONS
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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. Elections to the
office of President
203. Saving of judicial
power
204. Pending legal actions
205. Judgements and
sentences pending execution
206. Existing appointments
207. Vesting of lands,
etc., in the Republic
208. Savings of rights
of the Government in property
209. Continuation of
rights of persons in property
210. Constitutional
position pending establishment of the Senate
211. International law
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CHAPTER XXIII
MISCELLANEOUS
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212. Coming into force
of this Constitution
213. Disclosure of assets
by holders of certain officers
214. Short title of
this Constitution
215. Definition
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Schedule
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