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Llepublic Oj Malawi (Oonstitution) 11 llepublic oj Malawi (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 Flag 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 National Flag 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.
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