CHAPTER
XII |
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LAW COMMISSION
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Establishment
of the Law Commission |
132.
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There
shall be a Law Commission which shall have the power to review and make
recommendations relating to the repeal and amendment of laws and which
shall have such powers and functions as are conferred on it by this Constitution
and any other Act of Parliament. |
Composition |
133.
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The
Law Commission shall consist of - |
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a permanent, salaried Law
Commissioner who shall be appointed by the President on the recommendation
of the Judicial Service Commission and who shall be a legal practitioner
or a person qualified to be a judge; and
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such number of other persons
as the Law Commissioner in consultation with the Judicial Service Commission
may appoint from time to time and for such time as they are required on
account of their expert knowledge of a matter of law being then under review
by the Law Commissioner, or on account of their expert knowledge of other
matters relating to a legal issue being then under review.
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Removal
of the Law Commissioner |
134.
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The
President may remove the Law Commissioner or other person appointed to
the Law Commission on the recommendation of the Judicial Service Commission
if the Judicial Service Commission is satisfied that the Law Commissioner
or such other person appointed to the Law Commission, as the case may be,
is not competent or otherwise incapacitated so as to be unable to perform
the functions of his or her office. |
Powers
and functions of the Law Commission |
135.
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The
Law Commission shall have the powers - |
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to review and make recommendations
regarding any matter pertaining to the laws of Malawi and their conformity
with this Constitution and applicable international law;
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to review and make recommendations
regarding any matter pertaining to this Constitution;
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to receive any submissions
from any person or body regarding the laws of Malawi or this Constitution;
and
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to report its findings and
recommendations to the Minister for the time being responsible for Justice
who shall publish any such report and lay it before Parliament.
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Independence
of the Law Commission |
136.
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The
Law Commission shall exercise its functions and powers independent of the
direction or interference of any other person or authority. |
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