Malawi

Constitution of the Republic of Malawi (1994, last amended 2010)

Updated: June 2015

If the First Vice-President dies or resigns from office, or where in accordance with section 87 the office is vacated through the incapacity of the First Vice-President for more than twelve months, the vacancy shall be filled for the unexpired period of that term by a person appointed by the President.

Section 87 states:

(1) Whenever the President is incapacitated so as to be unable to discharge the powers and duties of that office, the First Vice-President shall act as President, until such time, in the President’s term of office, as the President is able to resume his or her functions.

(2) The President shall not be deemed to be incapacitated for the purposes of this section until and unless—

(a) there is a written declaration, certified by a board of independent medical practitioners, that the President is unable to discharge the duties of the office of President;
(b) the declaration is signed by the First Vice-President and a majority of the Cabinet, holding office at that time; and
(c) the declaration is submitted by the First Vice-President to the Speaker of the National Assembly.

(3) Upon submission to the Speaker of a declaration under subsection (2), the First Vice-President shall immediately assume the powers and duties of the office of President as Acting President.

(4) Where the President has been declared to be incapacitated in accordance with subsection (2) the President may, at any time thereafter, submit to the National Assembly a written declaration, certified by a board of independent medical practitioners, stating his or her fitness to carry on the duties of the office of President: Provided that—

(a) upon receipt of such a declaration from the President, the National Assembly shall have thirty days within which to determine whether or not the President is in fact or not so incapacitated as to be unable to discharge the duties of the office of President; and
(b) if the National Assembly determines that the President remains so incapacitated so as to be unable to discharge the duties of the office of President, by an affirmative vote of two-thirds of all of its members, the First Vice-President shall continue to act as President until the National Assembly determines that the President is again fit to assume the duties and powers of the office of President; or
(c) if the National Assembly determines that the President is no longer so incapacitated as to be unable to discharge the duties of the office of President by an affirmative vote of two-thirds of the National Assembly, the President shall resume the duties of the office of President within thirty days of that vote.

(5) If, on the expiry of twelve months from the date of the Speaker being notified of the incapacity of the President, the National Assembly has not determined that the President is fit to perform duties of the office of President in accordance with subsection (4), then the office of President shall be deemed vacant and the Vice-President shall assume office for the remainder of the term in accordance with section 83 (4).

(6) The provisions of this section, save for subsection 5 shall apply mutatis mutandis to the incapacity of the First Vice-President except that the certificate shall then be signed by the President and be submitted to the Speaker by the President and the functions of the First Vice-President shall be carried out by such other member of Cabinet as the President may appoint.

(7) Every board of independent medical practitioners required for the purposes of this section shall be selected in accordance with the procedure laid down in the Standing Orders of Parliament.

Section 94 states:

…(2) A Person shall not be qualified to be appointed as a Minister or Deputy Minister unless that person--…

(b) is able to speak and to read the English language…

(3) Notwithstanding subsection (2), no person shall be qualified to be appointed as a Minister or Deputy Minister who--…

(b) is, under any law in force in the Republic, adjudged or otherwise declared to be of unsound mind;
(c) has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude...

Section 98, subsection 6 states:

The Attorney General shall be subject to removal by the President on the grounds of incompetence, incapacity or being compromised in the exercise of his duties to the extent that his ability to give impartial legal advice is seriously in question.

Section 102, subsection 2 states:

A person holding the office of the Director of Public Prosecutions may be removed from the office by the President before the expiration of his or her term of office, if the President is satisfied that the person holding that office—

(a) is incompetent in the exercise of his or her duties;
(b) is compromised in the exercise of his or her duties to the extent that his or her ability to exercise his or her functions impartially is in serious question;
(c) is otherwise incapacitated…

Section 113, subsection 2 states:

If any judicial office is vacant or if any judge is appointed to act as Chief Justice, or is for any reason unable to perform the functions of his or her office, the President, on the recommendations of the Judicial Service Commission, may appoint a person qualified for appointment to that judicial office under this section to act in that office.

Section 119 states:

…(2) A person holding the office of Judge may be removed from office only for incompetence in the performance of the duties of his or her office or for misbehaviour, and shall not be so removed except in accordance with subsections (3) and (4).

(3) The President may by an instrument under the Public Seal and in consultation with the Judicial Service Commission remove from office any Judge where a motion praying for his or her removal on the ground of incompetence in the performance of the duties of his or her office or misbehaviour has been—

(a) debated in the National Assembly;
(b) passed by a majority of the votes of all the members of the Assembly; and
(c) submitted to the President as a petition for the removal of the judge concerned: Provided that the procedure for the removal of a judge shall be in accordance with the principles of natural justice.

(4) Where notice of intention to introduce before the National Assembly a motion praying for the removal of a Judge from his or her office has been lodged in the office of the Speaker, the President may, where after consultation with the Judicial Service Commission he or she is satisfied that it is in the public interest so to do, suspend the Judge from performing the duties of his or her office.

(5) The suspension of a Judge under subsection (4) may at any time be revoked by the President, after consultation with the Judicial Service Commission, and shall in any case cease to have effect where the motion is withdrawn before being debated in the National Assembly or, upon being debated, is not passed by a majority thereof…

Section 131, subsection 3 states:

A member of the Human Rights Commission, other than a member by virtue of paragraph (a) or (b) of subsection (1), shall, save as otherwise provided by an Act of Parliament, continue to be a member of the Commission until such time as he or she is removed from office on the grounds of—

(a) incompetence;
(b) incapacity; or
(c) in circumstances where the member is compromised to the extent that his or her ability to impartially exercise the duties of his or her office is seriously in question.

Section 134, subsection 1 states:

The President may remove the Law Commissioner or other person appointed to the Law Commission on the recommendation of the Judicial Service Commission if the Judicial Service Commission is satisfied that the Law Commissioner or such other person appointed to the Law Commission, as the case may be, is not competent or otherwise incapacitated so as to be unable to perform the functions of his or her office.

Section 144, subsection 5 states:

A Trustee shall hold office for the duration of the Fund unless and only in such circumstances as that trustee is removed by the Public Appointments Committee on the grounds of—

(a) incompetence;
(b) incapacity; or
(c) being compromised in the exercise of his or her functions to the extent that his or her financial probity is in serious question.

Section 151, subsection 2 states:

…The term of office of a member of the National Local Government Finance Committee shall expire--…

(b) on removal by the President on the recommendation of the Public Appointments Committee, but no member shall be recommended for removal under this paragraph unless the Public Appointments Committee is satisfied that he or she is—
- (i) not competent to exercise the duties of that office;
- (ii) compromised to the extent that his or her financial probity is in serious question; or
- (iii) otherwise incapacitated.

Section 154, subsection 4 states:

A person holding the office of Inspector General of Police shall be subject to removal by the President only by reason of that person being—

(a) incompetent in the exercise of his or her duties;
(b) compromised in the exercise of his or her duties to the extent that his or her capacity to exercise his or her powers impartially is in serious question;
(c) otherwise incapacitated…

Section 166, subsection 3 states:

A person holding the office of Chief Commissioner for Prisons shall be subject to removal by the President only by reason of that person being—

(a) incompetent in the exercise of his or her duties;
(b) compromised in the exercise of his or her duties to the extent that his or her capacity to impartially exercise the duties of that office is in serious question;
(c) otherwise incapacitated…

Section 184, subsection 6 states:

A person holding the office of Auditor General shall be subject to removal by the President only by reason of that person being—

(a) incompetent in the exercise of his or her duties;
(b) compromised in the exercise of his or her duties to the extent that his or her financial probity is in serious question;
(c) otherwise incapacitated…

Section 192 states:

(1) If the office of Chairperson of the Civil Service Commission is vacant or the Chairperson is for any reason unable to perform the functions of his or her office, then those functions shall be performed by the Deputy Chairperson until that vacancy is filled or the Chairperson is able to resume his or her duties.

(2) If both the Chairperson and the Deputy Chairperson are unable to perform their functions, then another of the members of the Commission as may be designated in that behalf by the remaining members of the Commission shall perform the functions of the Chairperson…

Excerpts from the Constitution of the Republic of Malawi (1994, last amended 2010)

Section 13 states:

The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals:…

(g) To support the disabled through
- (i) greater access to public places;
- (ii) fair opportunities in employment; and
- (iii) the fullest possible participation in all spheres of Malawian society.

Section 20, subsection 1 states:

Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of…disability…

Section 30, subsection 1 states:

All persons and peoples have a right to development and therefore to the enjoyment of economic, social, cultural and political development and women, children and the disabled in particular shall be given special consideration in the application of this right.

Section 31, subsection 3 states:

Every person shall be entitled to fair wages and equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on the basis of gender, disability or race.

Excerpts from the Constitution of the Republic of Malawi (1994, last amended 2010)

Section 51, subsection 1 states:

A person shall not be qualified to be nominated or elected as a Member of the Parliament unless that person…

(b) is able to speak and to read the English language well enough to take an active part in the proceedings of Parliament…

Section 51, subsection 2 states:

Notwithstanding subsection (1), no person shall be qualified to be nominated or elected as a Member of Parliament who:…

(b) is, under any law in force in the Republic, adjudged or otherwise declared to be mentally incompetent…

Section 75, subsection 4 states:

Section 77, subsection 3 states:

No person shall be qualified for registration as a voter in a constituency if that person:

(a) is under any law in force in the Republic adjudged or otherwise declared to be mentally incompetent…

Section 80, subsection 7 states:

No person shall be eligible for nomination as a candidate for election as President or First Vice President or for appointment as first Vice President or Second Vice President if that person: (a) has been adjudged or declared to be of unsound mind…

Section 84 states:

Section 87 states:

(2) The President shall not be deemed to be incapacitated for the purposes of this section until and unless—

(a) there is a written declaration, certified by a board of independent medical practitioners, that the President is unable to discharge the duties of the office of President;
(b) the declaration is signed by the First Vice-President and a majority of the Cabinet, holding office at that time; and
(c) the declaration is submitted by the First Vice-President to the Speaker of the National Assembly.

(3) Upon submission to the Speaker of a declaration under subsection (2), the First Vice-President shall immediately assume the powers and duties of the office of President as Acting President.

(a) upon receipt of such a declaration from the President, the National Assembly shall have thirty days within which to determine whether or not the President is in fact or not so incapacitated as to be unable to discharge the duties of the office of President; and
(b) if the National Assembly determines that the President remains so incapacitated so as to be unable to discharge the duties of the office of President, by an affirmative vote of two-thirds of all of its members, the First Vice-President shall continue to act as President until the National Assembly determines that the President is again fit to assume the duties and powers of the office of President; or
(c) if the National Assembly determines that the President is no longer so incapacitated as to be unable to discharge the duties of the office of President by an affirmative vote of two-thirds of the National Assembly, the President shall resume the duties of the office of President within thirty days of that vote.

(7) Every board of independent medical practitioners required for the purposes of this section shall be selected in accordance with the procedure laid down in the Standing Orders of Parliament.

Section 94 states:

…(2) A Person shall not be qualified to be appointed as a Minister or Deputy Minister unless that person--…

(b) is able to speak and to read the English language…

(3)Notwithstanding subsection (2), no person shall be qualified to be appointed as a Minister or Deputy Minister who--…

(b) is, under any law in force in the Republic, adjudged or otherwise declared to be of unsound mind;
(c) has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude...

Section 98, subsection 6 states:

Section 102, subsection 2 states:

(a) is incompetent in the exercise of his or her duties;
(b) is compromised in the exercise of his or her duties to the extent that his or her ability to exercise his or her functions impartially is in serious question;
(c) is otherwise incapacitated…

Section 113, subsection 2 states:

Section 119 states:

(a) debated in the National Assembly;
(b) passed by a majority of the votes of all the members of the Assembly; and
(c) submitted to the President as a petition for the removal of the judge concerned: Provided that the procedure for the removal of a judge shall be in accordance with the principles of natural justice.

Section 131, subsection 3 states:

(a) incompetence;
(b) incapacity; or
(c) in circumstances where the member is compromised to the extent that his or her ability to impartially exercise the duties of his or her office is seriously in question.

Section 134, subsection 1 states:

Section 144, subsection 5 states:

A Trustee shall hold office for the duration of the Fund unless and only in such circumstances as that trustee is removed by the Public Appointments Committee on the grounds of—

(a) incompetence;
(b) incapacity; or
(c) being compromised in the exercise of his or her functions to the extent that his or her financial probity is in serious question.

Section 151, subsection 2 states:

…The term of office of a member of the National Local Government Finance Committee shall expire--…

(b) on removal by the President on the recommendation of the Public Appointments Committee, but no member shall be recommended for removal under this paragraph unless the Public Appointments Committee is satisfied that he or she is—
- (i) not competent to exercise the duties of that office;
- (ii) compromised to the extent that his or her financial probity is in serious question; or
- (iii) otherwise incapacitated.

Section 154, subsection 4 states:

A person holding the office of Inspector General of Police shall be subject to removal by the President only by reason of that person being—

(a) incompetent in the exercise of his or her duties;
(b) compromised in the exercise of his or her duties to the extent that his or her capacity to exercise his or her powers impartially is in serious question;
(c) otherwise incapacitated…

Section 166, subsection 3 states:

A person holding the office of Chief Commissioner for Prisons shall be subject to removal by the President only by reason of that person being—

(a) incompetent in the exercise of his or her duties;
(b) compromised in the exercise of his or her duties to the extent that his or her capacity to impartially exercise the duties of that office is in serious question;
(c) otherwise incapacitated…

Section 184, subsection 6 states:

A person holding the office of Auditor General shall be subject to removal by the President only by reason of that person being—

(a) incompetent in the exercise of his or her duties;
(b) compromised in the exercise of his or her duties to the extent that his or her financial probity is in serious question;
(c) otherwise incapacitated…

Section 192 states:

Malawi

Constitution of the Republic of Malawi (1994, last amended 2010)

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Excerpts from the Constitution of the Republic of Malawi (1994, last amended 2010)

Excerpts from the Constitution of the Republic of Malawi (1994, last amended 2010)

Excerpts from the Constitution of the Republic of Malawi (1994, last amended 2010)

Excerpts from the Constitution of the Republic of Malawi (1994, last amended 2010)

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