Ministry of Justice and Constitutional Affairs Malawi

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Related Links

 

 

Web link, Law Commission of Malawi

The Law Commission is an independent institution established under Chapter XII of the Constitution with powers
to review and make recommendations relating to the repeal and amendment of laws for conformity with the Constitution
and applicable international law and such other powers and functions as are conferred on it by the Constitution and
any other Act of Parliament. Matters relating to the functional operation of the Law Commission are provided for
under the enabling Law Commission Act (Cap. 3:09) enacted in 1998


Web link, Malawi Human Rights Commission

The Malawi Human Rights Commission (MHRC) is established under section 129 of the Constitution of the Republic of
Malawi MHRC is competent to investigate violations of human rights on its own motion or upon complaints received from
any person, class of person or body. (Section 12 of HRC Act). The duties, functions and responsibilities of MHRC are
outlined in sections 13 and 14 of HRC Act.


Web link, The Judiciary

The Judiciary is one of the three arms of Government of Malawi. The other two branches are the Executive and Legislature.
The Judiciary has authority over all issues of legal nature as such it has powers to:

  • Review any law and any action or decision of the Government for conformity with the Constitution

  • To hear and determine civil cases between individuals and other individuals or groups of persons or
    Institutions i.e. labour disputes, land matters, divorce.

  • To hear and determine civil cases between individuals or group of persons and the State
    e.g. unfair dismissal, unlawful imprisonment

  • To hear and determine criminal cases e.g. theft, defilement, murder.


Web link, Malawi Parliament

The National Assembly has the following functions and powers as provided by the Constitution:.

  • Receive, amend, accept or reject bills (both Government and Private bills.

  • Initiate Private Members bills on the motion of any member and amend, accept or reject all Private Members bills.

  • Debate and vote on motions in relation to any matter including motions to indict and convict the President or
    Vice - President Mace

  • Confirm certain public appointments made by the Executive.

  • Take all actions incidental to, and necessary for the proper exercise of its functions.

  • Exercise such other functions and powers as are conferred on it by the constitution.


Web link, Malawi Police

The Malawi Police Service is a government department under Ministry of Internal Affairs and Public Security.
Historically the Service started as an organized Nyasaland Police Force on 5th October, 1921 It had its headquarters in
Zomba, situated at the present Police College. Police stations were also established at Zomba, Blantyre, Mulanje and
Mangochi The statement of common purpose and values emphasize the objects of the Malawi Police Service. It also
clarifies how these objects shall be fulfilled by members of the Malawi Police Service.


Web link, Malawi Prisons Services

The Malawi Prison Service is a department under the Ministry of Internal Affairs and Public Security. Its operations are
provided for under the Laws of Malawi Chapter 9.02 and the Constitution of the Republic of Malawi Section 17:163.
It is regulated by Prisons Act of 1966.

It mandated to house, detain and rehabilitate persons committed to prisons 17:163 and Laws of Malawi Chap 9:02
Control of Prisons and Management of such Institutions and Incidental matters.


Web link, Anti Corruption Beureau

In 1995, Parliament passed the Corrupt Practices Act No.18 of 1995. The Act under Section 4(1) establishes the Anti-Corruption
Bureau, which is headed by a Director. The Director and the Deputy Director are both appointed by the President subject to
confirmation by the Public Appointment Committee of Parliament. The Bureau began its full operations in 1998.
The Anti-Corruption Bureau is an autonomous body.

On 16th April 2004 the Corrupt Practices Act was amended giving the ACB increased powers to carry out its work of
controlling corruption in Malawi. The definition of corruption was widened to among other things, include offences for
abuse of office and possession of unexplained wealth.

 


 
 
 
 

Ministry of Justice and Constitutional Affairs
Private Bag 333, Capital Hill
Lilongwe 3, Malawi