CHAPTER XVI    
THE DEFENCE FORCES
The Defence Forces of Malawi
159.
 There shall be no military force constituted in Malawi other than the Defence Forces of Malawi provided for and regulated by this Chapter.
Constitutional position of the Defence Forces of Malawi
160.
  1. The Defence Forces of Malawi shall operate at all times under the direction of those civil authorities in whom this Constitution vests such power, and shall -
     
  1. uphold the sovereignty and territorial integrity of the Republic and guard against threats to the safety of its citizens by force of arms;
  2. uphold and protect the constitutional order in the Republic and assist the civil authorities in the proper exercise of their functions under this Constitution;
  3. provide technical expertise and resources to assist the civilian authorities in the maintenance of essential services in times of emergency; and
  4. 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.
   
  1. No person or authority may direct or deploy the Defence Forces of Malawi to act in contravention of this Constitution.
Responsibility for the Defence Forces of Malawi
161.
  1. The ultimate responsibility for the Defence Forces of Malawi shall vest in the President as Commander-in-Chief.
   
  1. Any power conferred on the President by virtue of this Chapter shall only be exercised on the recommendation of an Army 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 Forces of Malawi and which shall have -
     
  1. the power to determine the operational use of the Defence Forces of Malawi;
  2. the power to appoint and remove from office senior officers and other members of the Defence Forces of Malawi; and
  3. such other powers and duties as may be prescribed by an Act of Parliament.
   
  1. All powers conferred in subsection (2) shall be exercised subject to the scrutiny of a Defence and Security Committee of the National Assembly established by section 162. 
  2. The Army Council may, by directions in writing and subject to such conditions as may be laid down by an Act of Parliament or 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 Forces of Malawi any of the powers conferred on the Army Council by an Act of Parliament.
The Defence and Security Committee of the National Assembly
162.
  1. There shall be a Defence Security Committee of the National Assembly which shall represent proportionally 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 Parliament begins and a new Defence and Security Committee is appointed but no member shall otherwise hold office for more than one year.