CONSTITUTION OF THE REPUBLIC OF MALAWI
ARRANGEMENT OF SECTIONS
    CHAPTER I
    THE REPUBLIC OF MALAWI
     
    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
     
     

    CHAPTER II
    APPLICATION AND INTERPRETATION
     
    10. Application of this Constitution

    11. Interpretation
     

    CHAPTER III
    FUNDAMENTAL PRINCIPLES
     
    12. Constitutional principles

    13. Principles of national policy

    14. Application of the principles of national policy
     

        CHAPTER IV
        HUMAN RIGHTS
         
    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
     

        CHAPTER V
        CITIZENSHIP
         
    47. Citizenship
     
        CHAPTER VI
        THE LEGISLATURE
         
    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
     

        CHAPTER VII
        ELECTIONS
         
    75. The Electoral Commission

    76. Powers and functions

    77. The franchise
     

        CHAPTER VIII
        THE EXECUTIVE
         
    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
     

    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
     

        CHAPTER X
        THE OMBUDSMAN
         
    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
     

        CHAPTER XI
        HUMAN RIGHTS COMMISSION
         
    129. Establishment of the Human Rights Commission

    130. Powers

    131. Composition
     

        CHAPTER XII
        LAW COMMISSION
         
    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
     

        CHAPTER XIII
        NATIONAL COMPENSATION FUND
         
    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
     

        CHAPTER XIV
        LOCAL GOVERNMENT
         
    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
     

        CHAPTER XV
        THE POLICE
         
    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
     

        CHAPTER XVI
        THE DEFENCE FORCES
         
    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
     

        CHAPTER XVII
        PRISONS
         
    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
     

        CHAPTER XVIII
        FINANCE
         
    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
     

        CHAPTER XIX
        THE RESERVE BANK OF MALAWI
         
    185. The Reserve Bank of Malawi
     
        CHAPTER XX
        CIVIL SERVICE
         
    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
     

        CHAPTER XXI
        AMENDMENT OF THIS CONSTITUTION
         
    195. Power to amend

    196. Restrictions on amendments

    197. Amendments by Parliament
     

        CHAPTER XXII
        TRANSITIONAL PROVISIONS
         
    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
     

        CHAPTER XXIII
        MISCELLANEOUS
         
    212. Coming into force of this Constitution

    213. Disclosure of assets by holders of certain officers

    214. Short title of this Constitution

    215. Definition
     

        Schedule