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CHAPTER I-THE REPUBLIC[edit]

1. Declaration of the Republic[edit]

(1) Malawi is a sovereign democratic Republic.
(2) Except as otherwise provided by or under this Constitution, sovereignty in the Republic of Malawi derives from the people of Malawi and shall, subject to and in accordance with the provisions of this Constitution, be vested in legislative, exdecutive, judicial authorities responsible to the people of Malawi.

2. Fundamental principles of Government[edit]

(1) Subject to the provisions of this Constitution, the Government of the Republic shall be founded upon the following principles-
(i) The four corner-stones of the Government and the Nation shall be Justice, Liberty, Unity and Loyalty;
(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) All persons regardless of colour, race or creed should enjoy equal rights and freedoms.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that the law in question is reasonably required in the interests of defence, public safety or public order.

3. The national territory[edit]

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

4. Malawi a Multi-Party State[edit]

(1) The Republic shall be a Multi-Party state.
(2) Political Parties may be formed freely and may contest elections in the Republic.
(3) A Political Party must have a democratic internal organisational structure and must respect the Constitution and the principles of democracy.

5. Local Government[edit]

The institution of Local Government by elected bodies shall be recognized and preserved in the Republic, so that the people may make the fullest contribution to the welfare and development of the country in the Regional, District and Municipal fields.

CHAPTER II-FUNDAMENTAL RIGHTS[edit]

6. Fundamental rights and freedoms of the individual[edit]

(1) The Republic of Vanuatu recognises, that, subject to any restrictions imposed by law on non-citizens, all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious or traditional beliefs, political opinions, language or sex but subject to respect for the rights and freedoms of others and to the legitimate public interest in defence, safety, public order, welfare and health –
(a) life;
(b) liberty;
(c) security of the person;
(d) protection of the law;
(e) freedom from inhuman treatment and forced labour;
(f) freedom of conscience and worship;
(g) freedom of expression;
(h) freedom of assembly and association;
(i) freedom of movement;
(j) protection for the privacy of the home and other property and from unjust deprivation of property;
(k) equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it makes provision for the special benefit, welfare, protection or advancement of females, children and young persons, members of under-privileged groups or inhabitants of less developed areas.
(2) Protection of the law shall include the following –
(a) everyone charged with an offence shall have a fair hearing, within a reasonable time, by an independent and impartial court and be afforded a lawyer if it is a serious offence;
(b) everyone is presumed innocent until a court establishes his guilt according to law;
(c) everyone charged shall be informed promptly in a language he understands of the offence with which he is being charged;
(d) if an accused does not understand the language to be used in the proceedings he shall be provided with an interpreter throughout the proceedings;
(e) a person shall not be tried in his absence without his consent unless he makes it impossible for the court to proceed in his presence;
(f) no-one shall be convicted in respect of an act or omission which did not constitute an offence known to written or custom law at the time it was committed;
(g) no-one shall be punished with a greater penalty than that which exists at the time of the commission of the offence;
(h) no person who has been pardoned, or tried and convicted or acquitted, shall be tried again for the same offence or any other offence of which he could have been convicted at his trial.

7. Enforcement of fundamental rights[edit]

(1) Anyone who considers that any of the rights guaranteed to him by the Constitution has been, is being or is likely to be infringed may, independently of any other possible legal remedy, apply to the Supreme Court to enforce that right.
(2) The Supreme Court may make such orders, issue such writs and give such directions, including the payment of compensation, as it considers appropriate to enforce the right.

CHAPTER III-THE PRESIDENT[edit]

8. The office of President[edit]

(1) There shall be a President who shall be the Head 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 officeand 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 the National Assembly con- ferred upon or vested in the President.
(3) Except as may otherwise be provided by an Act of the National Assembly, 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.

9. Election of President[edit]

(1) Whenever the office of President is vacant and that vacancy is not filled by the Vice-President assuming that office, or whenever the term of office of the President is due to expire within not more than ninety days, an election shall be held to the office of President in such manner as, subject to the provisions of the Constitution, may be prescribed by or under an Act of the National Assembly.
(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 35 years; and
(c) is qualified as a voter for the purposes of elections to the National Assembly.
(3) A person shall be nominated as a candidate for the office of President either by-
(a) not less than 20 members of the Electoral College; or
(b) any political party which has won at least 3 per centum of the votes in the most recent election to the National Assembly.

10. Establishment of Electoral College to elect the President[edit]

(1) The President shall be elected by the members of an Electoral College and shall hold office for a term of seven years.
(2) The Electoral College shall consist of the following persons-
(a) The Members of the National Assembly;
(b) The Members of all Regional Assemblies;
(c) The Chairmen of all District Councils;
(d) The Mayors of all Municipalities;
(e) delegates of Municipalities having at least 1,000, but not more than 9,000, inhabitants, elected by the Municipal Councils from among their members, in the following numbers-
(i) one for every Municipality having at least 1,000, but not more than 2,000, inhabitants;
(ii) two for every Municipality having at least 2,001, but not more than 3,000, inhabitants;
(iii) five for every Municipality having at least 3,001, but not more than 6,000, inhabitants;
(iv) eight for every Municipality having at least 6,001, but not more than 9,000, inhabitants; and
(f) The Members of all Municipal Councils of Municipalities having at least 9,000 inhabitants.
(3) The Speaker of the National Assembly shall be the Chairman of the Electoral College:
Provided that, where the Speaker of the National Assembly is a candidate for the office of President, the Deputy Speaker of the National Assembly shall be the Chairman of the Electoral College.

11. Procedure for election of the President[edit]

(1) Where, under the provisions of section 9, it becomes necessary to elect a President, the Speaker shall, not later than 30 days after it so becomes necessary to elect a President, summon a meeting of the members of the Electoral College for the purpose of electing the President, and the election meeting shall be held and conducted in accordance with the provisions of subsection (3).
(2) Nominations of candidates shall be in writing, signed by the proposer or proposers and shall be sent or delivered to the Office of the Speaker not later than such date and time as may be notified by the Speaker by notice in the Gazette, and shall be accompanied by a notice in writing signed by the candidate and declaring his acceptance of the nomination. Where the candidate is nominated by a political party, the nomination paper shall be signed by the chief executive officer of the party.
(3) At an election meeting the following provisions shall have effect-
(a) the Speaker shall preside over the meeting and shall conduct the election;
(b) the election shall be by secret ballot; and
(c) every member of the Electoral College present shall be entitled to vote in the ballot.
(4) If only one candidate has stood for election, then the votes shall be given either in favor of or against his election, and the Speaker shall declare that candidate to have been elected as President if in the ballot the votes of two-thirds of all members of the Electoral College are in favor of his election.
(5) If more than one candidate has stood for election, then the votes shall be given for any of the candidates so standing, and the candidate who in the ballot receives the votes of two-thirds of all members of the Electoral College shall be declared by the Speaker to have been elected as President.
(6) If no candidate is declared to be elected under subsections (4) or (5), a further ballot shall be held, and new candidates may be nominated for such further ballot:
Provided that:
(a) in the fourth, fifth, and sixth ballots, subsections (4) and (5) shall be read with the substitution of "three-fifth of all members" for "two-thirds of all members";
(b) in the seventh ballot, subsections (4) and (5) shall be read with the substitution of "more than one-half of all members" for "two-thirds of all members";
(c) in the eighth and every subsequent ballot, subsections (4) and (5) shall be read with the substitution of "more than one-half of the members present and voting" for "two-thirds of all members"; and
(d) if in the seventh or any subsequent ballot more than one candidate has stood for election, then, in the ballot next following, no new candidates may be nominated, and all the candidates who in the ballot immediately preceeding have received the highest and second-highest numbers of votes shall alone stand for election.

12. Term of office of President and when vacancy arises[edit]

(1) Subject to subsection (2), the President shall continue in office until a person elected at the next election of the President assumes office.
(2) The office of President shall become vacant on-
(a) the death of the holder of the office;
(b) the resignation of the holder of the office; or
(c) the removal of the holder of the office.
(3) Whenever there is a vacancy in the office of President, the Vice-President shall, assume office as President for the unexpired portion of the term of office of his predecessor, with effect from the date of the vacancy, unless there is a vacancy in the office of Vice-President, or the Vice-President is by reason of illness, temporary absence from the Republic, suspension from office, or any other cause unable to perform the functions of his office
(4) Where a person is elected to fill a vacancy in the office of President occurring before the expiration of the term of office of his predecessor, he shall hold office only for the unexpired portion of that term.

13. Performance of functions of President during vacancy, absence or illness[edit]

(1) Whenever there is a vacancy in the office of President, or the President is by reason of illness, temporary absence from the Republic, suspension from office, or any other cause unable to perform the functions of his office, the functions of that office shall be performed by the first of the following who is present and able to act:-
(a) the Vice-President;
(b) the Speaker;
(c) the Cabinet Ministers;
(d) such person, or the holder of such office, as may have been designated in that behalf by an Act of the National Assembly.
(2) The holder of any office shall cease to perform the functions of his office during any period during which he is acting as President.

14. The Vice-President[edit]

(1) There shall be a Vice-President who shall be the principal assistant of the President in the exercise of his functions.
(2) A person shall be qualified for election or appointment as Vice-President if, and shall not be so qualified unless, he is qualified for election as President.
(3) The Vice-President shall be elected in like procedure as the President and shall continue in office until a person elected at the next election of the Vice-President assumes office:
Provided that the office of Vice-President shall become vacant on-
(a) the death of the holder of the office;
(b) the resignation of the holder of the office; or
(c) the removal of the holder of the office.
(4) Whenever the Electoral College has elected a President, it shall immediately proceed to elect the Vice-President.
(5) Whenever the office of Vice-President is vacant, an election shall be held to the office of Vice-President, and accordignly the Speaker shall, not later than 30 days after the office of Vice-President so becomes vacant, summon a meeting of the members of the Electoral College for the purpose of electing the Vice-President, and until the Vice-President so elected enters upon his office, the President may appoint a person qualified under subsection (2) to be the Vice-President.

15. Removal of the President and Vice-President from office[edit]

(1) The President or, as the case may be, the Vice-President, may be removed from office under this section where:-
(a) he wilfully violates any provision of the Constitution;
(b) he behaves in such a way as to bring his office into hatred, ridicule or contempt;
(c) he behaves in a way that endangers the security of Dominica; or
(d) because of physical or mental incapacity, he is unable to perform the functions of his office.
(2) The procedure for removal shall be as follows:-
(a) the National Assembly, acting upon a motion signed by not less than one third of all the members of the National Assembly, proposes the removal of the President or, as the case may be, the Vice-President, from office on grounds of complaint specified with full particulars in the resolution;
(b) a tribunal consisting of the Chief Justice and two other judges of the Supreme Court appointed by the Chief Justice, being as far as practicable the most senior judges, investigates the complaint and makes a report on the facts thereof to the National Assembly; and
(c) the National Assembly, after considering the report, by resolution supported by the votes of not less than two-thirds of all the members of the National Assembly, declares that the President or, as the case may be, the Vice-President, shall be removed from office.
(3) The National Assembly may make provision with respect to the powers, practice and procedure of tribunals established for the purpose of subsection (2)(b) of this section and, subject as aforesaid, any such tribunal may by regulation or otherwise regulated its own procedure.
(4) Where a resolution is passed in accordance with subsection (2)(a) of this section, the President or, as the case may be, the Vice-President, shall forthwith cease to perform the functions of his office; but he may resume the performance of those functions if, after the National Assembly has considered a report made to it under subsection (2)(b) of this section, no such resolution as is referred to in subsection (2)(c) of this section is passed.

16. Salary and allowances of President and Vice-President[edit]

(1)The President and Vice-President shall each receive such salary and allowances, and on retirement such pension, gratuity or other allowance, as may from time to time be determined by the National Assembly:
Provided that a Vice-President who assumed the office of President in order to fill a vacancy in that office shall not receive the pension, gratuity or other allowance given to the Vice-President following retirement.
(2) The salary and allowances of the President or, as the case may be, the Vice-President, shall not, without his consent, be reduced during his period of office.
(3) The salaries, allowances and pensions or gratuities of the President and Vice-President shall be a charge upon the Consolidated Fund.

17. Presidential and other oaths of office[edit]

(1) The President shall assume office by taking an Oath in the following form, which shall be administered in public, before the National Assembly, by the Chief Justice:-
"I, __________, do solemnly swear that I will faithfully and conscientiously perform the functions of the high office of President of the Republic of Malawi, that I will preserve and defend the Constitution, that I will execute its laws, that I will do justice to every person, according to law, without fear or favour, affection or ill-will, and that I will consecrate myself to the service of the Nation. So help me God."



(2) The Vice-President shall assume office by taking an Oath in the following form, which shall be administered in public, before the National Assembly, by the Chief Justice:-
"I, __________, do solemnly swear that I will faithfully and conscientiously perform the functions of the high office of Vice-President of the Republic of Malawi, that I will preserve and defend the Constitution, that I will execute its laws, that I will do justice to every person, according to law, without fear or favour, affection or ill-will, and that I will consecrate myself to the service of the Nation. So help me God."



(3) Instead of taking an oath, the President or, as the case may be, the Vice-President, 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.

CHAPTER IV-LEGISLATIVE POWERS OF MALAWI[edit]

Part 1. Composition of National Assembly[edit]

18. Establishment of National Assembly[edit]

(1) There shall be a National Assembly of the Republic, which shall consist of:-
(a) fifty constituency members who shall be elected under the provisions of section 19; and
(b) such number of party-list members, being not less than fifty, as may be elected under the provisions of sections 20 and 21.
(2) The legislative power of the Republic shall vested in the National Assembly.
(3) If a person who is not a member of the National Assembly is elected to the office of Speaker of the Assembly, then that person shall, by virtue of holding that office, be a member of the Assembly in addition to the members referred to in subsection (2).

19. Election of constituency members of National Assembly[edit]

(1) Each of the fifty constituencies provided for in section 31 shall elect one member to the National Assembly in such manner as, subject to the provisions of this Constitution, may be prescribed by or under an Act of the National Assembly.
(2) If only one candidate has stood, in a given constituency, for election, then a poll shall be taken in that constituency at which the votes shall be given, by secret ballot, either in favor of or against his election, and that candidate shall be declared to have been elected if more than one-half of all the valid votes cast are in favor of his election.
(3) If more than one candidate has stood, in a given constituency, for election, then a poll shall be taken in that constituency at which the votes shall be given, by secret ballot, for any one of the candidates so standing, and the candidate who receives the highest number of valid votes cast shall be declared to have been elected.

20. Election of party-list members of National Assembly[edit]

(1) Any registered political party may submit a list of candidates to be party-members (referred to in this Section and in Section 21 as the party's "list of candidates").
(2) A poll shall be taken in every constituency at which the votes shall be given, by secret ballot, for any one of the parties which has submitted a list of candidates.
(3) Every person nominated as a constituency candidate shall, at the time of his nomination, declare in such manner as may be prescribed by or under an Act of the National Assembly which of the registered political parties which has submitted a list of candidates he supports, and if he does not so declare, his nomination as a constituency candidate shall be void.
(4) The following provisions shall, for the purpose of apportioning mandates between each party which has submitted a list of candidates, apply:-
(a) The persons who are to be elected as constituency members of the National Assembly must be determined before the apportionment of mandates takes place;
(b) There shall be one hundred mandates to be apportioned;
(c) There shall be calculated for each party an apportionment figure, by dividing the number of valid votes given to each party divided by the aggregate of one and the number of mandates already apportioned to that party;
(d) One mandate shall be apportioned to the party with the greatest apportionment figure, after any recalculation required by paragraph (e) has been carried out;
(e) Each time a mandate is apportioned to a party under paragraph (d), the apportionment figure of every party shall be recalculated;
(f) In apportioning mandates, there shall be disregarded any votes given to:-
(i) a party to which there has already been apportioned a number of mandates equal to the aggregate of the number of candidates elected as constituency members of the National Assembly who declared support to that party and the number of names on that party's list of candidates; and
(ii) a party which was given less than 5 per cent of the total number of valid votes and less than three candidates elected as constituency members of the National Assembly declared support thereto.
(5) The following provisions shall, for the purpose of electing the party-list members of the National Assembly, apply:-
(a) There shall be subtracted from the number of mandates apportioned to each party the number of candidates elected as constituency members of the National Assembly who declared support to that party;
(b) The result of the subtraction made under paragraph (b) shall be the number of party-list seats allocated to that party;
(c) Party-list seats which are allocated to a political party shall be filled by the persons in the party's list of candidates in the order in which they appear in the list;
(d) Where the number of candidates elected as constituency members of the National Assembly who declared support to a given party exceeds the number of mandates apportioned to that party, that party shall retain the excess seats, and the number of members of the National Assembly shall accordingly be increased by the number of excess seats.
(6) Where, in consequence of changes in the constituency membership of the National Assembly resulting from a by-election:-
(a) it is so required, paragraphs (c) and (d) of subsection (5) shall be applied; and
(b) the number of candidates elected as constituency members of the National Assembly who declared support to a given party is decreased, then the persons whose names appear lowest on that party's list of candidates from among its party-list members shall accordingly retire.

21. Filling of vacancies in National Assembly[edit]

(1) Where the seat of a constituency member becomes vacant, a by-election shall be held to fill the vacancy.
(2) Where the seat of a party-list member becomes vacant, then the vacancy shall be filled:-
(a) by the person whose name appears highest on that party's list of candidates, but was not elected as a party-list member; or
(b) where the vacancy cannot be filled under paragraph (a), by such person as may be elected by that party's remaining members of the National Assembly.

22. Direction and supervision of registration of voters and conduct of elections[edit]

The registration of voters in elections of members of the National Assembly and the conduct of such elections shall be subject to the direction and supervision of the Electoral Commission.

23. Qualifications for election to National Assembly[edit]

Subject to the provisions of section 24, a person shall be qualified to be elected as a member of the National Assembly if, and shall not be so qualified unless, he-
(a) is a citizen of the Republic who has attained 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; and
(c) is registered as a voter in a constituency.

24. Disqualifications for election to National Assembly[edit]

(1) No person shall be qualified to be elected as a member of the National Assembly who-
(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.
(2) No person who holds the office of President or of Vice-President, or who is a Minister or an Assistant Minister, shall be qualified for election as a member of the National Assembly.
(3) The National Assembly may provide that, subject to such exceptions and limitations (if any) as may be prescribed by law, a person shall be disqualified for membership of the National Assembly by virtue of-
(a) his holding or acting in any office or appointment that may be prescribed by the National Assembly;
(b) his belonging to any of the armed forces or to any police force;
(c) his having been convicted by any court of any offence that is prescribed by the National Assembly and that is connected with elections of the President and the Vice-President or of the members of the National Assembly:
Provided that in any such case the period of disqualifica- tion shall not exceed a period of 7 years from the date of such conviction; or
(d) his having been required to vacate his seat in the Assembly under the provisions of section 28(2)(g):
Provided that in any case under this paragraph the period of disqualification shall not exceed a period of five years from the date when such person was required to vacate his seat.

25. Speaker[edit]

(1) There shall be a Speaker of the National Assembly who shall be elected by the members of the National Assembly from among persons who are members of the Assembly or are qualified to be elected as such.
(2) A person shall not be elected as Speaker unless he is supported by the votes of more than one-half of all the Members of the National Assembly, and if no candidate is so supported by the votes of more than one-half of all the members of the Assembly, a second ballot shall be held, and in such second ballot, all the candidate who in the first ballot have recieved the highest and second-highest numbers of votes shall alone stand for election, and the candidate who receives the highest number of votes in the second ballot shall be elected.
(3) The President, the Vice-President, a Minister, an Assistant Minister, or any person holding or acting in any office that is for the purposes of this section prescribed by or under an Act of the National Assembly shall not be qualified to be elected as Speaker.
(4) The Speaker shall vacate his office-
(a) if any circumstances arise that, if he were not Speaker, would disqualify him to be elected as such;
(b) when the newly-elected Assembly first meets; or
(c) if the Assembly, by a resolution supported by the votes of not less than one-half of all the members thereof, resolves that he be removed from office.
(5) No business shall be transacted in the National Assembly (other than an election to the office of Speaker) at any time when the office of Speaker is vacant.

26. Deputy Speakers[edit]

(1) There shall be such number of Deputy Speakers of the National Assembly, being not more than seven, as may be elected under this section from among members of the National Assembly other than persons holding or acting in any office that is for the purposes of this section prescribed by or under an Act of the National Assembly.
(2) A person shall be elected a Deputy Speaker by the members of the National Assembly, but he shall not be so elected unless he is supported by the votes of more than one-half of all the Members of the National Assembly, and if no candidate is so supported by the votes of more than one-half of all the members of the Assembly, a second ballot shall be held, and in such second ballot, all the candidate who in the first ballot have recieved the highest and second-highest numbers of votes shall alone stand for election, and the candidate who receives the highest number of votes in the second ballot shall be elected.
(3) The members of the National Assembly shall elect one or more persons to be Deputy Speaker or Deputy Speakers at the first sitting of the newly-elected National Assembly or after any event (other than the expiry of the term of the Assembly) which results in the office of Deputy Speaker ceasing to-be held by any person whomsoever, or as soon thereafter as may be convenient.
(4) A Deputy Speaker shall vacate his office-
(a) if he ceases to be a member of the National Assembly;
(b) if he becomes a person holding or acting in any office prescribed under subsection (1);
(c) if he is elected as Speaker; or
(d) if the Assembly, by a resolution supported by the votes of not less than one-half of all the members thereof, resolves that he be removed from office.

26A. Presidium of National Assembly[edit]

(1) There shall be a Presidium of the National Assembly which shall consist of:-
(a) the Speaker of the Assembly, as Chairman;
(b) the Deputy Speakers of the Assembly;
(c) the Chairmen of the committees of the Assembly; and
(d) the Floor leaders of the party caucuses in the Assembly.
(2) The Presidium of the National Assembly shall exercise such administrative functions in relation to the National Assembly as may be conferred upon it by this Constitution or by an Act of the National Assembly.

27. Right of attendance of Cabinet members[edit]

The Vice-President, a Minister or an Assistant Minister may attend and take part in the proceedings of the National Assembly or of any committee of the Assembly, but nothing in this section shall entitle a person who is not a member of the Assembly to vote in the Assembly or any of ita committees.

28. Tenure of office of members of National Assembly[edit]

(1) Every member of the National Assembly shall vacate his seat in the Assembly upon the expiry of the term thereof.
(2) A member of the National Assembly shall vacate his seat in the Assembly and cease to be a member thereof-
(a) if he ceases to be a citizen of the Republic;
(b) if he assumes the office of President or of Vice-President;
(c) if he becomes a Minister or an Assistant Minister;
(d) if he is sentenced by a court in the Republic to death or to imprisonment (by whatever name called) for a term exceeding twelve months;
(e) subject to the provisions of subsection (4), if any circumstances arise that, if he were not a member of the Assembly, would cause him to be disqualified for election as such under section 24(1)(a), (b), (d) or (e), or under any law made by the Assembly under the provisions'of section 24;
(f) if, being a constituency member, his seat becomes vacant under any law made by the National Assembly providing for a seat in the Assembly to become vacant by reason of the failure of a member to retain the confidence and support of a majority of the voters in the constituency where he was elected; or
(g) if, being a party-list member, he is to retire as a member of the Assembly under section 20(6)(b).
(3) The Speaker shall give notice in the Gazette of the fact that the seat of any member of the Assembly has become vacant under this section.
(4) The National Assembly may, in order to permit any member of the Assembly who has been sentenced to death or imprisonment, adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted of any offence prescribed under section 24 to appeal against the decision in accordance with any law, provide that, subject to such conditions as may be prescribed by the Assembly, the decision shall not have effect for the purpose of this section until such time as may be so prescribed.
(5) For the purposes of this section, two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months.

29. The franchise[edit]

(1) Subject to the provisions of this section and any other law, every citizen of the Republic who has attained the age of twenty-one years shall be entitled to be registered under an Act made in that behalf as a voter for the purposes of elections of members to the National Assembly, and no other person may so be registered.
(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, whether in the poll held for the election of constituency members or of party-list members of the Assembly, in accordance with the provisions of any law in that behalf, and no other person may so vote.
(3) Subject to the provisions of subsection (4), a person shall be qualified to be registered as a voter in a constituency if, and shall not be so qualified unless, at, the date of his application for registration, he-
(a) is a citizen of the Republic;
(b) has attained the age of eighteen years;
(c) is ordinarily resident in the Republic and has been ordinarily resident in the Republic at any time for a continuous period of two years; and
(d) is ordinarily resident in that constituency or was born there or is employed or carries on a business there.
(4) No person shall be qualified for registration as a voter in a constituency-
(a) if he is, under any law in force in the Republic, adjudged or otherwise declared to be of unsound mind;
(b) if he is under sentence of death imposed on him by a court having jurisdiction in the Republic, either before or after the appointed day;
(c) if under any law made by the National Assembly he is disqualified for registration as a voter on the grounds of his having been convicted of an offence connected with elections, or for infringement of the provisions of subsection (5).
(5) Where any person is qualified to be registered in more than one constituency as a voter he may be so registered only in one constituency.

30. Electoral Commission[edit]

(1) There shall be an Electoral Commission which shall consist of a Chairman and such number of other members as may be appointed under subsection (3), and shall exercise such functions in relation to elections as may be conferred upon it by this Constitution or by an Act of the National Assembly.
(2) The Chairman of the Electoral Commission shall be elected by the Supreme Court from among persons who are puisne justices of the Supreme Court.
(3) The other members of the Electoral Commission, being one for each party which is represented by three or more members of the National Assembly, shall be appointed by the Chairman of the Commission, after consultation with the members of the Assembly representing that party.
(4) A person shall not be qualified to be appointed as a member of the Electoral Commission under subsection (3) if he is the President, the Vice-President, a Minister, an Assistant Minister, a member of the National Assembly or a public officer.
(5) Subject to the provisions of this section, a member of the Electoral Commission shall vacate his office-
(a) at the expiration of three years from the date of his election or appointment;
(b) if, being the Chairman of the Electoral Commission, he ceases to be a puisne justice of the Supreme Court;
(c) if, being a member of the Commission appointed under subsection (3), in consequence of changes in the membership of the National Assembly resulting from a general election or from a by-election, the party for which he is appointed ceases to be represented by three or more members of the Assembly; or
(d) if, being a member of the Commission appointed under subsection (3), any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
(6) A member of the Electoral Commission appointed under subsection (3) may be removed from office by the Chairman of the Commission, after consultation with the members of the Assembly representing the party for which that member is appointed, on the grounds of inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

31. Constituencies[edit]

(1) For the purposes of elections of constituency members to the National Assembly, the Republic shall be divided into fifty constituencies in such manner as the Electoral Commission, acting with the approval of the National Assembly signified by resolution, may prescribe.
(2) So far as appears to the Electoral Commission practicable and subject to subsection (3), every constituency shall contain the number of voters registered on the voters roll that is equal to the electoral quota in respect of the voters roll.
(3) The Electoral Commission may depart from the principles specified in subsection (2) to such extent as it considers expedient in order to take account of-
(a) the density of population;
(b) the means of communication;
(c) geographical features; and
(d) the boundaries of existing administrative areas.
(4) The Electoral Commission shall review the boundaries of all constituencies following the return of every decennial census, and may alter the boundaries of the constituencies in accordance with the provisions of this section.
(5) Any alteration of the constituencies under this section shall come into effect upon the first General Election of the National Assembly held after the alteration was made.
(6) For the purposes of this section the electoral quota in respect of the roll of voters shall be the number ascertained by dividing the number of voters for the time being regis- tered throughout the Republic on that roll by fifty.

32. Determination of questions as to membership of National Assembly[edit]

(1) The Supreme Court shall have jurisdiction to hear an determinee any question whether -
(a) any person has been validly elected as a membe of the National Assembly or the seat of any such member has become vacant;
(b) any person has been validly elected as Speaker of the Assembly from among persons who are not members of the Assembly or, having been so elected, has vacated the office of Speaker.
(2) The National Assembly may make provision with respect to-
(a) the persons who may apply to the Supreme Court for the determination of any question under this section;
(b) the circumstances and manner in which and the conditions upon which any such application may be made; and
(c) the powers, practice and procedure of the Supreme Court in relation to any such application.
(3) The determination by the Supreme Court of any question under this section shall not be subject to appeal.

33. Clerk to National Assembly[edit]

There shall be a Clerk to the National Assembly.

33A. Appointment, etc. of staff of National Assembly[edit]

34. Interpretation[edit]

In this Part of this Chapter-
"sentence of imprisonment" shall be construed as not including a sentence of imprisonment the execution of which is suspended, or a sentence of imprisonment imposed in default of payment of a fine; and
"belonging to any of the armed forces or to any police force" shall be construed as not including a person who is in receipt of a pension or other like allowance in respect of service in any such forces or force.

Part 2. Legislation and Procedure in National Assembly[edit]

35. Exercise of legislative power of National Assembly[edit]

(1) Subject to the provisions of this Constitution, the National Assembly may make laws for the peace, order and good government of the Republic.
(2) Subject to the provisions of this Constitution, the legislative power of the National Assembly shall be exercised by Bills passed by the National Assembly and assented to by the President.
(3) A Bill shall make provisions for such subject as may be stated in its title, and no other.

35A. Passage of bills in National Assembly[edit]

(1) A Bill shall be deliberated and voted on in the National Assembly in three readings, that is to say:-
(a) a first reading, in which the deliberation shall be a general debate on the Bill and the voting shall be on its general principles,
(b) a second reading, in which the deliberation and voting shall be on the details of the Bill, and
(c) a third reading, in the voting shall be on whether to pssed or reject the Bill.
(2) A bill which has been passed in first reading shall be referred to and scruntized by a committee of the National Assembly, and any such committee may modify any bill so referred to it, including by merging two or more bills into one or by dividing one bill into two or more, as it sees fit.
(3) A bill shall be passed by the National Assembly if it is passed in third reading, and where it is so passed by the Assembly, it shall be presented to the President for his assent.

35A. Exercise of the President's assent[edit]

(1) Where a Bill is presented to the President for his assent he shall, within 21 days of the Bill's presentation to him, either assent to or veto the bill.
(2) Where the President assents to a Bill that has been duly passed, he shall notify the Speaker of the National Assembly of that fact, and, upon the Speaker of the Assembly recieving such notice, the bill shall become law and the Speaker of the Assembly shall thereupon cause it to be published in the Gazette as law.
(3) Where the President vetoes a Bill that has been duly passed, the Bill shall be returned to the National Assembly for reconsideration, with a memorandum indicating the President's objections to the Bill, and such specific provisions of the Bill, if any, which, in the President's opinion, should be reconsidered, and the Assembly shall immediately proceed so to reconsider it.
(4) If any Bill is reconsidered by the National Assembly and passed, after such reconsideration, by the votes of more than one-half of all members, being not less than two-thirds of the members present and voting, it shall become law and the Speaker of the Assembly shall thereupon cause it to be published in the Gazette as law.
(5) Where the President neither assents to nor vetoes a Bill that has been duly passed, within 21 days of the Bill's presentation to him, the bill shall become law and the Speaker of the Assembly shall thereupon cause it to be published in the Gazette as law.
(6) No law made by the National Assembly shall come into operation until it has been published in the Gazette, but the Assembly may postpone the coming into operation of any such law and may make laws with retrospective effect.

36. Restrictions with regard to certain financial measures[edit]

Except upon the recommendation of the Minister for the time being responsible for financial matters signified in writing, the National Assembly shall not-
(a) proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, makes provision for any of the following purposes-
(i) for the imposition of taxation or the alteration of taxation otherwise than by reduction;
(ii) for the imposition of any charge upon the Consoli- dated Fund, or the alteration of any such charge other- wise than by reduction;
(iii) for the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal; or
(iv) for the composition or remission of any debt due to the Government;
(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes; or
(c) receive any petition that, in the opinion of the person presiding, requests that provision be made for any of those purposes.

37. The President's rights in the National Assembly[edit]

The President may at any time-
(a) attend the National Assembly;
(b) as Head of State, address the National Assembly and send messages to the National Assembly to be read to the Assembly by the Speaker; and
(c) as Leader of the Government, address the National Assembly and take part in its proceedings and in the proceedings of any Committee of the Assembly as if he were a member of the Assembly:
Provided that the President shall not be entitled to vote in the National Assembly or in any Committee thereof.

38. Oaths to be taken by Speaker, Members and Clerk[edit]

(1) The Speaker, every Deputy Speaker and the Clerk to the National Assembly before assuming the duties of their respective offices, and every member of the National Assembly before taking his seat therein, shall take and subscribe before the Assembly the oath of allegiance in the form prescribed by law.
(2) The Speaker, every Deputy Speaker and the Clerk to the National Assembly shall, in addition to taking and subscribing the oath of allegiance and before assuming the duties of their respective offices, take and subscribe such oaths for the due performance of their respective offices as may be prescribed by law.
(3) The oaths of the Speaker and of a Deputy Speaker shall be tendered by and subscribed before the President, and the oaths of all other members of the National Assembly and of the Clerk to the National Assembly shall be tendered by and subscribed before the Speaker or a Deputy Speaker.

39. Presiding in National Assembly[edit]

There shall preside at any sitting of the National Assembly-
(a) the Speaker;
(b) in the absence of the Speaker, if there is only one Deputy Speaker present at such sitting, such Deputy Speaker;
(c) in the absence of the Speaker, if there is more than one Deputy Speaker present at such sitting, such one of them, if any, as the Speaker may have nominated to preside thereat, or failing the presence of any Deputy Speaker so nominated, such Deputy Speaker as the Assembly may choose to preside for that sitting;
(d) in the absence of the Speaker and of every Deputy Speaker, such member of the Assembly as the Assembly may elect for that sitting.

40. Quorum in National Assembly[edit]

If objection is taken by any member of the National Assembly present that there are present in the Assembly (besides the person presiding) less than one-fifth of all the members of the Assembly and, after such interval as may be prescribed in the rules of procedure of the Assembly, the person presiding ascertains that the number of members present is still less than one-fourth of all the members of the Assembly, he shall thereupon adjourn the Assembly.

41. Voting in National Assembly[edit]

(1) Except as otherwise provided in this Constitu- tion, any question proposed for decision shall be decided by a majority of the votes of the members present and voting.
(2) The Speaker, if having been elected from among persons who are not members of the Assembly, shall not have an original vote, but, if upon any question before the National Assembly the votes are equally divided, he shall have and exercise a casting vote.
(3) Any member of the National Assembly shall, when presiding in the Assembly, retain his original deliberative vote as a member and shall also have and exercise a casting vote where the votes are equally divided.
(4) The rules of procedure of the National Assembly may make provision under which a member who votes upon any question in which he has a direct pecuniary interest shall be deemed not to have voted.

42. Regulation of procedure in National Assembly[edit]

(1) Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure.
(2) The National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the newly-elected Assembly first meets) and the presence or participation of any person not entitled to be present or to participate in the proceedings of the Assembly shall not invalidate those proceedings.

43. Official language[edit]

43. The proceedings of the National Assembly shall be conducted in the English language.

Part 3. Sessions, sittings, and General Elections[edit]

44. Sessions of National Assembly[edit]

(1) There shall be two ordinary sessions of the National Assembly in every year, that is to say, a winter session, which shall commence on the fourth Tuesday in December, and a summer session, which shall commence on the fourth Tuesday in June, and each such ordinary session shall be held for such number of days (not being more than 100 or less than 80) as the Presidium of the National Assembly shall appoint.
(2) An extraordinary session of the National Assembly may be summoned by the President, and any such extraordinary session shall begin at such time, and be held for such number of days (not being more than 30) as the President shall appoint:
Provided that where the President summons an extraordinary session of the National Assembly, he must state in writing his reasons for doing so.

45. General elections, etc. to National Assembly[edit]

(1) A general election of members of the National Assembly shall be held on the first Thursday in May in the fifth calendar year following that in which the term of the Assembly then in existence has commenced.
(2) The newly-elected National Assembly shall first meet on the second Tuesday following the date of the General Election to that Assembly, and a special session of the Assembly shall be appointed to commence on that date.
(3) The term of the outgoing National Assembly shall expire when Assembly next suceeding it first meets.

46. Sittings of National Assembly[edit]

(1) The President may, at any time, summon a meeting of the National Assembly.
(2) Subject to the provisions of subsection (1), the sittings of the National Assembly in any session thereof after the commencement of that session shall be held at such times and on such days as the Presidium of the Assembly shall appoint.
(3) The President, every Minister, the Speaker, the Deputy Speaker, and every member of the National Assembly shall, except in cases of treason, felony or breach of the peace, be privileged from arrest in going to, returning from or while in the precincts of the National Assembly, and shall not, in respect of any utterance in the National Assembly be amenable to any action or proceedings in any Court, tribunal or body other than the National Assembly itself.
(4) All official reports and publications of the National Assembly or of its proceedings or of any Committee of the Assembly, and all utterances made in the National Assembly or of any Committee thereof, may be freely recorded and published, and no there shall be no legal penalty for making or distributing such record or publication.

CHAPTER V-EXECUTIVE POWER OF MALAWI[edit]

47. Executive authority of Malawi[edit]

(1) The executive power and authority of the Republic shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.
(2) Nothing in this section shall prevent the National Assembly from conferring functions on persons or authorities other than the President.

48. Command of armed forces[edit]

(1) The supreme command of the armed forces shall vest in the President as Commander-in-Chief.
(2) The powers conferred on the President by subsection (1) shall include-
(a) the power to determine the operational use of the armed forces;
(b) the power to appoint and remove from office the Army Commander and other members of the armed forces.
(3) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces any of the powers conferred upon him by this section.
(4) Parliament may regulate the exercise of the powers conferred by or under this section.

49. Ministers and Assistant Ministers[edit]

(1) There shall be such offices of Minister of the Government or Deputy Minister of the Government as may be established by an Act of Parliament or, subject to the provisions of any Act of Parliament, by the President.
(2) Subject to the provisions of section 52, appointments to the office of Minister or Deputy Minister, as the case may be, shall be made by the President from among persons who are qualified to be elected as members of the National Assembly.
(3) A Deputy Minister shall, in the performance of the duties of the office of Deputy Minister, assist the Minister to whom he is assigned as Deputy, and shall be subject to the directions of such Minister in this regard.
(4) The President may, after consultation with the Ministers or Deputy Ministers concerned, appoint Assistant Ministers from among persons who are qualified to be elected as members of the National Assembly to assist Ministers and Deputy Ministers in the performance of their duties.
(5) The office of a Minister, of a Deputy Minister or of an Assistant Minister shall become vacant:-
(a) if the President so directs;
(b) upon the assumption by any person of the office of President; or
(c) if the Minister, Deputy Minister or Assistant Minister dies or resigns from office.

50. Oaths of Ministers and Assistant Ministers[edit]

A Minister, a Deputy Minister or a Parliamentary Secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office in such form and manner as may be prescribed by Parliament.

51. Functions of Ministers[edit]

Where any Minister or Deputy Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department.

52. Confirmation hearings, etc., for certain appointments by the President[edit]

(1) Where the President proposes to make an appointment to any of the offices to which this section applies:
(a) the President shall notify the National Assembly, in such manner as may be prescribed by an Act of National Assembly, of the person or persons whom he proposes to appoint to the office;
(b) the Assembly shall hold a confirmation hearing at which every person proposed for appointment shall answer questions relating to the proposed appointment and may request any such person (whether at a confirmation hearing or otherwise) to produce documents which are in his possession or under his control and which relate to the proposed appointment;
(c) the Assembly shall make a written report of the confirmation hearing of each person proposed for appointment, and such a report, together with any documents produced by any such person and a recommendation to the President as to whether or not that person should be appointed, shall be laid before the President if the Assembly so resolves by the votes of a majority of all the members of the Assembly; and
(d) the President shall not appoint any person to any of the offices to which this section applies until the Assembly's recommendation as to whether or not that person should be appointed is laid before him:
Provided that-
(a) whenever any office to which this section applies becomes vacant when the Assembly is not in session, the confirmation hearings of the person or persons whom the President proposes to appoint to the office shall be held as soon as may be after the Assembly is again in session, but the President may provisionally appoint a person to that office;
(b) any person so provisionally appointed shall continue in office until the confirmation hearings of the person or persons whom the President proposes to appoint to the office shall be held; and
(c) no person who has been provisionally appointed or appointed to act in any office to which this section applies shall be appointed to that office unless the Assembly recommends that he should be so appointed.
(2) This section shall apply to-
(a) the office of Minister or Deputy Minister;
(b) the office of member of the Public Service Commission;
(c) the office of Attorney-General;
(d) the office of Director of Public Prosecutions;
(e) the office of Permanent Secretary or Secretary to the Cabinet;
(f) the office of Ambassador, High Commissioner or other principal diplomatic representative of the Republic;
(g) the office of Commissioner of Police or Deputy Commissioner of Police;
(h) any office constituted by the President under section 8(1)(a) of this constitution, unless:
(i) such an office is an office on the personal staff of the President; or
(ii) Parliament provides that this section does not apply to that office.

53. Cabinet[edit]

(1) There shall be a Cabinet of Ministers consisting of the President, the Vice-President, and such Ministers as may from time to time be appointed as members of the Cabinet by the President.
(2) The Cabinet shall be responsible for advising the President with respect to the policies of the Government and with respect to such other matters as may be referred to it by the President.
(3) The Cabinet shall be collectively responsible to Parliament for all things done by or under the authority of any Minister in the execution of his office.
(4) In any case where the functions of the President are being performed by any person under section 13, that person shall, while he is so acting, be a member of the Cabinet.
(5) There shall preside at meetings of the Cabinet-
(a) the President; or
(b) in any case where the functions of the President are being performed by any other person under section 13, that person.

54. Responsibility of Ministers[edit]

The President may, by directions in writing, assign to himself or any Minister or Deputy Minister responsibility for any business of the Government, including the administration of any department of the Government.

55. Secretary to Cabinet[edit]

(1) There shall be a Secretary to the Cabinet whose office shall be a public office.
(2) The Secretary to the Cabinet shall have charge of the Cabinet office and shall be responsible, in accordance with such instructions as may be given to him by the President, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate persons or authorities and shall have such other functions as the President may direct.

56. Attorney-General[edit]

(1) There shall be an Attorney-General, who shall be the principal legal adviser to the Government.
(2) The Attorney-General shall be appointed, and may be removed, by the President.
(3) The office of Attorney-General may be the office of a Minister or a public office.

57. Permanent Secretaries[edit]

Each department of Government shall, subject to the general direction and control exercised by the Minister or Deputy Minister charged with responsibility therefor, be under the supervision of a Permanent Secretary, whose office shall be a public office:
Provided that two or more Government departments may be placed under the supervision of one Permanent Secretary, and one Government department may be placed under the supervision of two or more Permanent Secretaries.

58. Director of Public Prosecutions[edit]

(1) There shall be a Director of Public Prosecutions whose office shall be a public office.
(2) The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do-
(a) to institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed by that person;
(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. (3) The powers of the Director of Public Prosecutions under subsection (2) may be exercised by him in person or by officers subordinate to him acting in accordance with his general or special instructions. (4) Subject to the provisions of subsection (6), the powers conferred on the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) shall be vested in him to the exclusion of any other person or authority:

59. Special provisions relating to persons acting as Attorney-General, Director of Public Prosecutions or Auditor-General[edit]

If the office of-
(a) Attorney-General;
(b) Director of Public Prosecutions; or
(c) Auditor-General,
is vacant, or if the holder of any of those officesis for any reason unable to exercise the functions of his office, the President may appoint a person to act as Attorney-General, Director of Public Prosecutions or Auditor-General, as the case may be, pending an appointment to any of those offices, or for so long as the officer concerned is unable to exercise the functions of the office.

60. President's power of pardon, remission etc.[edit]

(1) The President, in the exercise of the prerogative of mercy, may-
(a) grant to any person ooncerned in or convicted of any offence a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
(d) remit the whole or part of any punishment imposed on any person for an offence, or of any penalty or for- feiture otherwise due to the Government on account of any offence.
(2) The powers vested in the President under this section shall be exercisable by him after cosultation with the Minister for the time being responsible for justice.

CHAPTER VI-JUDICIAL POWER OF MALAWI[edit]

61. Judiciary[edit]

The Judicial power of the Republic shall be vested in a Judiciary, consisting of:
(a) a Supreme Court; and
(b) such lower courts as may be established by this Constitution or by any Act of the National Assembly.

62. Judicial Commission[edit]

There shall be a Judicial Commission which shall consist of-
(a) the Minister for the time being responsible for justice, who shall be Chairman;
(b) the Chief Justice;
(c) such two puisne justices of the Supreme Court as may be elected by the Supreme Court;
(d) such two members of the National Council of the Integrated Bar as may be elected by the Council;
(e) such two members of the National Assembly as may be elected by the Assembly; and
(f) such Minister as may for the time being be designated in that behalf by Minister for the time being responsible for justice.

63. Appointment of judges 64. Tenure of office of judges 65. Oaths to be taken by judges 66. Acting judges 67. Supreme Court 68. Appeals to Supreme Court of Appeal 69. Appeals from subordinate courts 70. Supervisory jurisdiction of High Court 71. Lower Courts 72. Appointment, etc. of judicial officers

CHAPTER VII-FINANCE[edit]

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[edit]

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 94. Laws with respect to police discipline 95. Regulations for the public service

CHAPTEB IX-MISOELLANEOUS[edit]

96. RMignations 97. Amendment of Constitution 98. Interpretation