The Law Commission is an independent institution established under Chapter XII of the Constitution
and make recommendations relating to the repeal and amendment of laws
for conformity with the Constitution
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
enabling Law Commission Act (Cap. 3:09) enacted in 1998
The Malawi Human Rights Commission (MHRC) is established under section 129 of the Constitution of the
MHRC is competent to investigate violations of human rights on its own motion or upon
complaints received from
class of person or body. (Section 12 of HRC Act).
The duties, functions and responsibilities of MHRC are
sections 13 and 14
of HRC Act.
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.
The Malawi Police Service is a government department under Ministry of Internal Affairs and Public Security.
Service started as an organized Nyasaland Police Force on 5th October, 1921 It had its
situated at the present Police College. Police stations were also established at
Zomba, Blantyre, Mulanje and
The statement of common purpose and values emphasize the
objects of the Malawi Police Service. It also
these objects shall be fulfilled by members
of the Malawi Police Service.
The Malawi Prison Service is a department under the Ministry of Internal Affairs and Public Security. Its operations
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.
In 1995, Parliament passed the Corrupt Practices Act No.18 of 1995. The Act under Section 4(1) establishes the
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