The Drafting Section is a department within the Ministry of Justice and Constitutional Affairs, and it has its offices at the Ministry’s Headquarters at Capital Hill in Lilongwe. It is headed by the Chief Legislative Counsel (CLC) who is appointed by the President. The CLC is assisted by the Assistant Chief Legislative Counsel, Legislative Counsel, Assistant Legislative Counsel of various grades.
Objectives and Core Functions
The specific objectives and core functions of the Drafting Section are to-
- Provide drafting services to Government ministries and departments.
- Ensure that laws are amended to respond to the upcoming socio-economic needs of the people of Malawi.
- Advise Government ministries and departments on the need to amend the statutes governing their respective duties (or functions) in accordance with the Constitution of the Republic of Malawi.
- Ensure that all laws in Malawi are drafted in a manner that reflects the values and aspirations of the people of Malawi.
- Give sound, quality and effective legal advice to Government ministries and departments.
- Respond timely to legal problems arising out of the obligations of Government.
- Give the necessary support to Government in preparation and negotiation of agreements and other legal arrangements.
Responsibilities of Officers in the Section are responsible for-
- Drafting and processing of principal legislation, including Financial and Loan Authorization or Ratification Bills for consideration by Parliament.
- Drafting and vetting of subsidiary legislation, including regulations, rules, by-laws on behalf of Government ministries and departments.
- Assisting Government ministries in preparing cabinet papers.
- Facilitating training workshop on the drafting of legal documents.
- Assisting Government in negotiating international agreements, including negotiations on loan and grant agreements.
- Drafting and vetting of agreements, contracts and other legal instruments on behalf of Government ministries and departments.
- Provision of legal advice to Government ministries and departments.