llepublic oj (Oonstitution) 11

CluPTJ:B VI-THE JUDICATURE SJIOTION 62. High Court 63. Appointment of judges of High Court 64. Tenure of office of judges 65. Oaths to be taken by judges 66. Acting judges 67. Supreme Court of Appeal 68. Appeals to Supreme Court of Appeal 69. Appeals from subordinate courts 70. Supervisory jurisdiction of High Court 71. Judicial Service Commission 72. Appointment, etc. of judicial officers

CHAPTER VII-FINANCE 73. Taxation to be imposed only under law 74.. Consolidated Fund 75. Withdrawals from Consolidated Fund 76. Expenditure charged on Consolidated Fund 77. Annual Financial Statements 78. Appropriation Bills 79. Supplementary and excess expenditure 80. Authorization of expenditure in advance of appropriation 81. Contingencies Fund 82. Raising of loans by Government 83. Special funds and trust moneys 84. Development Fund 85. The Auditor-General and his functions

CHAPTER VIII-THE PuBLIO SERVICE 86. Public Service Commission 87. Appointment, etc., of public officers 88. Appointment of Director of Public Prosecutions 89. Principal representatives of Malawi abroad 90. Appointment of Permanent Secretaries, etc. 91. Police Service Commission 92. Appointment of Commissioner and Deputy Commissioner of Police 93. Appointment, etc., of police officers . 04. Laws with respect to police discipline 05. Regulations for the public service

CHAPTEB IX-MISOELLANEOUS 06. RMignations 97. Amendment of Constitution 98. Interpretation 12 Republic of jlf alawi (Constitution)

CHAPTER I

THE REPUBLIC

Declaration 1.-(1) Malawi shall on the appointed day become a of the Republio sovereign democratic Republic.

(2) Except as otherwise provided by or under this Constitution, the powers of the Republic of Malawi derive from the people of Malawi and shall, subject to and in accordance with the provisions of this Constitution, be vested in persons who are elected by and responsible to the people of Malawi.

Funda- 2.-( 1) Subject to the provisions of this Constitution, the mental principles of Government of the Republic shall be founded upon the Government following principles-

(i) The four corner-stones of the Government and the Nation shall be Unity, Loyalty, Obedience and Discipline;

(ii) The paramount duty of the Government shall be to promote, safeguard and advance the welfare of the people of Malawi;

(iii) The Government and the people of Malawi shall continue to recognize the sanctity of the personal liberties enshrined in the United Nations Universal Declaration of Human Rights, and of adherence to the Law of Nations;

(iv) No person should be deprived of his property without payment of fair compensation, and only where the public interest so requires;

(v) All persons regardless of colour, race or creed should enjoy equal rights and freedoms; (vi) Recognition of the need for the ultimate unifica- tion of the peoples of Africa, for their common welfare and advancement.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contraven- tion of subsection (1) to the extent that the law in question -62..High Court 63. Appointment of judges of High Court 64. Tenure of office of judges 65. Oaths to be taken by judges d{J. Acting judges 67. Supreme Court of Appeal 68. Appeals to Supreme Court of Appeal 69. Appeals from subordinate courts 70. Supervisory jurisdiction of High Court 71. Judicial Service Commission 72. Appointment, etc. of judicial offioers

CHAPTER VII-FINANOE 73. Taxation to be imposed only under law 74. Consolidated Fund 75. Withdrawals from Consolidated Fund 76. Expenditure charged on Consolidated Fund 77. Annual Financial Statements 78. Appropriation Bills 79. Supplementary and excess expenditure 80. Authorization of expenditure in advance of appropriation 81. Contingencies Fund 82. Raising of loans by Government 83. Speoia.l funds and trust moneys 84. Development Fund 85. The Auditor-General and his functions

CHAPTER VIII-THE PUBLIO SERVIOE 86. Publio Service Commission 87. Appointment, etc., of publio officers 88. Appointment of Director of Public Prosecutions 89. Principal representatives of Malawi abroad 90. Appointment of Permanent Secretaries, eto. 91. Police Servioe Commission 92. Appointment of Commissioner and Deputy Commissioner of Police 93. Appointment, eto., of police officers . 04. Laws with respect to police discipline 05. Regulations for the public service

CluPrEB IX-MISOELL.UUI:OU8 06. ~ignations 97. Amendment of Constitution 98. Interpretation Republic of Malawi (Oonstitution) 18 is reasonably required in the interests of defence, public safety or public order.

3. The national territory of the Republic shall consist of The national all the territory which was comprised in Malawi immediately territory before the appointed day, and shall include all the islands, inland waters and air space of Malawi, and shall include any territory lawfully acquired thereafter by adjustment of boundaries or otherwise.

4.-(1) There shall be in the Republic after the appointed Malawi a One-Party day only one National Party • State

(2) The National Party shall be the Malawi Congress Party.

5.-(1) The National of which the design is des- Declaration cribed in subsection (2) is hereby declared to be the National oftt~e_. • na lOnt>1 Flag of Malawi. flag

(2) The design of the shall be- from the top of the Flag to the bottom thereof, three equal horizontal stripes of black, red and green with a red rising sun superimposed in the centre of the black stripe.

6. The institution of Chieftaincy shall be recognized The Chiefs and preserved in the Republic, so that the Chiefs may make the fullest contribution to the welfare and development of the country in their traditional fields.

CHAPTER II

CITIZENSIDP

7.-(1) Subject to the provisions of any law, every Continuation person who immediately before the appointed day was ~ftizenBhip under any existing law a citizen of Malawi, shall continue of Malawi to be a citizen of the Republic after the appointed day. :~;~i!~:d day 14 Republic of Malawi (Oonstitution)

(2) Parliament may make provision by Act of Parliament for the acquisition of citizenship, or loss of citizenship, of the Republic by any person after the appointed day.

(3) In this section, the expression- "acquisition of citizenship" includes acquisition by birth, registration, naturalization or any other means prescribed by Parliament; "loss of citizenship" includes loss by deprivation, renunciation or any other means prescribed by Parliament.

CHAPTER III

THE PRESIDENT

The office 8.-(1) There shall be a President who shall be the Head of President of State, the supreme executive authority of the Republic, and Commander-in-Chief of the Armed Forces.

(2) The President shall, subject to the provisions of this Constitution, have power- (a) to constitute offices for the Republic, make appointments to any such office and terminate any such appointment;

(b) to appoint, accredit, receive and recognize ambas- sadors and other diplomatic officers, consuls and other agents;

(c) to confer honours and decorations;

(d).to exercise the prerogative of mercy; and

(e) generally to exercise all such other functions as are by this Constitution or by any Act of Parliament con- ferred upon or vested in the President.

(3) Except as may otherwise be provided by an Act of Parliament, in the exercise of his functions the President shall act in his own discretion and shall not be obliged to follow advice tendered by any other person. Republic of Malawi (Oonstitution) 16

9. The first President, having been duly elected to that The first office in accordance with the provisions of the Election of ~re8~~en; the First President of the Republic Act, 1966, shall be 19~6 0 Ngwazi Dr. Hastings-Kamuzu Banda.

10.-(1) Whenever Parliament is dissolved, or the office Elec~ion of of President becomes vacant, an election shall be held to President the office of President in such manner as, subject to the provisions of the Constitution, may be prescribed by or under an Act of Parliament. (2) A person shall be qualified for election as President if, and shall not be so qualified unless he-

(a) is a citizen of the Republic;

(b) has attained the age of 45 years;

(c) is qualified as a voter for the purposes of elections to the National Assembly; and (d) is a member of the Party.

11.-(1) There shall be an Electoral College for the Establish- purpose of nominating, for any election taking place after ~tn~ of I the appointed day, a candidate for the office of President. coife;:~o select the presi?ential (2) The Electoral College shall consist of the following candidate persons- (a) The Members of the National Executive Committee of the Party; (b) The Members of the National Committee of the League of Malawi Women; (c) The Members of the National Committee of the League of Malawi Youth; (d) The Members of the Regional Committees of the Party; (e) The Chairmen, Secretaries and Treasurers of all District Committees of the Party; (I) The Chairmen, Secretaries and Treasurers of all District Committees of the League of Malawi Women; (g) The Chairmen, Secretaries and Treasurers of all District Committees of the League of Malawi Youth; 16 Republic of Malawi (Constitution)

(h) All Members of Parliament, except ill the case where Parliament has been dissolved; (i) All Chiefs recognized as full Native Authorities; and (j) All Chairmen of District Councils. (3) The Chairman of the Electoral College shall be a person other than a person who is a candidate for nomina- tion, and shall be appointed by the members of the National Executive Committee of the Party.

Term of 12.-(1) Subject to subsection (2), the President shall office of President continue in office until another person is elected to the and when office of President. vacancy arises (2) The office of President shall become vacant on-

(a) the death or resignation of the holder of the office;

(b) the rejection at a Presidential election of a holder of the office who has been nominated for re-election.

Temporary 13.-( 1) Whenever there is a vacancy in the office of provision President, or the President is so incapacitated as to be for vacancy in office unable to appoint a Presidential Commission, the functions of President of that office shall be performed by a Presidential Council consisting of-

(a) the Secretary-General of the Party;

(b) two Cabinet Ministers, each of whom is also a member of the National Executive Committee of the Party (in this Chapter referred to as "the National Executive Committee") appointed by a Committee of Appointment in accordance with the provisions of section 14.

(2) A Presidential Council shall hold office until a new President assumes office. "( '>-

I '1./ '\' (C" •• ••• Oommittee 14.-(1) Whenever under the provisions of section 13 (1) of appoint- ment it becomes necessary to appoint a Presidential Council, the Secretary-General shall forthwith convene a joint meeting of the National Executive Committee and all Republic of Malawi (Oonstitution) 17

Cabinet Ministers (hereinafter referred to as "the Com- mittee of Appointment ") for the purpose of appointing two Cabinet Ministers, duly qualified in terms of section 13, to a Presidential Council.

(2) The Committee of Appointment when convened shall appoint, in accordance with such procedure, if any, as may be prescribed by an Act of Parliament, two Cabinet Ministers (each of whom is also a member of the National Executive Committee) to be members of the Presidential Council.

(3) Where, after a Presidential Councilhas been appointed any member thereof is for any reason unable to perform his duties, the Committee of Appointment may appoint another duly qualified person in his place.

15.-(1) Whenever the President considers it desirable Performance of functions by reason 0 f illness, temporary absence from th e Republic of President or any other cause which prevents him from performing the during his funobions. 0 f th e 0 ffice 0 f Presiiden,t he may by direct'IOnsIn. illnessabsence or writing appoint three Cabinet Ministers to be a Presidential Commission to perform such functions of the office of President as, subject to the provisions of subsection (5), he may specify in those directions.

(2) The President shall appoint a person to be Chairman of the Commission,and may specify that the Chairmanship shall change from time to time during the period in which the Commissionperforms its functions.

(3) The Presidential Commissionmay act by any two of its members.

(4) When the circumstances requiring the appointment of a Presidential Commissionunder this section have come to an end, the Commissionshall be automatically dissolved.

(5) Where a Commission has performed any functions under this section, the President may within a period of 30 days after resuming officerevoke or vary any decisionmade by the Commission which, but for the provisions of this subseotioa, would be irrevocable. Republic of Malawi (Constitution)

:# (6) Where a Presidential Commission has been appointed and is still in being when a vacancy occurs in the office of President, then until a Presidential Council is appointed, the Presidential Commission shall continue to exercise the functions of the office of President in accordance with the provisions of this section.

(7) The Presidential Commission shall not exercise the powers of the President to dissolve Parliament.

Salary and 16.-(1) The President shall receive such salary and allowancea of President allowances and on retirement such pension, gratuity or other allowance as may from time to time be determined by the National Assembly.

(2) The salary and allowances of the President shall not without his consent be reduced during his period of office.

(3) The salary, allowances and pension or gratuity of the President shall be a charge upon the Consolidated Fund.

President.ial 17.-(1) The President shall assume office by taking an and other Oath in the following form, which shall be administered in oaths of office public by the Chief Justice-

"I , do solemnly swear that I will well and truly perfo -m the' functions of the high office of President of the Republic of Malawi, and that I will preserve and defend the Constitution, and that I will do right to all manner of people according to law without fear or favour, affection or ill-will. So help me God.".

(2) Every member of a Presidential Council or Presidential Commission shall, before assuming the duties of the office, take an Oath of Allegiance and such Oath for the due performance of office, as may be prescribed by Parliament.

(3) Instead of taking an oath the President, or any person to whom the provisions of subsection (2) apply, may, if he thinks fit, make an affirmation which shall be in the like form with the substitution of affirm for swear, and the omission of the final sentence. Republic of Malawi (Oonstitution) 19

CHAPTER IV

PARLIAMENT Part I -Composition of Parliament

18.-(1) There shall be a Parliament of the Republic Establish- · 1 ment of which shall consist of the President and the Nationa Parliament Assembly. (2) The legislative power of the Republic shall vest in the Parliament.

19.-(1) The National Assemblyshall consist of- Composition of National Assembly (a) fifty elected members; and (b) such nominated members as may be appointed under the provisionsof section 20.

(2) If a person who is not a member of the National Assembly iS~8Qted to the officeof Speaker of the Assembly that person shall, by virtue of holding that office, be a member of the Assembly in addition to the members referred to in subsection (1).

20. The President may appoint as nominated members Nominated of the National Assemblysuch persons, not exceedingfivein member. number, as he considers desirable so to do in order to enhance the representative character of the Assembly, or to represent particular minority or other special interests in the Republic.

21.-( 1) Each of the fifty constituencies provided for Eleotion oC in section 31 shall elect one member to the National ~:~~:~~oC Assembly in-such manner as, subject to the provisions of Assembly this Constitution, may be prescribed by or under an Act of Paliament.

(2) Every person who is registered in any constituency as a.voter for elections of members to the National Assembly shall be entitled so to vote in that constituency in accord- anoe with the provisions of any law in that behalf, and no other person may so vote. 20 Republic of Malawi (Oonstitution)

Direction 22 The registration of voters in elections of members and supervision of the National Assembly and the conduct of such elections of registra- shall be subject to the direction and supervision of the tion of voters and Electoral Commission. conduot of elections Qualifica- 23. Subject to the provisions of section 24, a person tions for election to shall be qualified to be elected as a member of the National National Assembly if, and shall not be so qualified unless, he- Assembly (a) is a citizen of the Republic who has attained the age of 25 years unless, in any particular case, the President shall specify the age of 21 years;

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

(c) is registered as a voter in a constituency; and

(d) is a member of the Party.

Disqualifloe- 24.-( 1) No person shall be qualified to be elected as a. tions for election to member of the National Assembly who- National Assembly (a) is under a declaration of allegiance to some country other than the Republic;

(b) is, under any law in force in the Republic, adjudged or otherwise declared to be of unsound mind;

(c) is under sentence of death imposed on him by any court in the Republic either before or after the appointed day, or under a sentence of imprisonment (by whatever name called) imposed on him at any such time by any such a court or substituted by competent authority for some other sentence imposed on him by such a court;

(d) is detained under a detention order or is subject to a control order or a restriction order; or

(e) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in the Republic.' .

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