Republic of Malawi (Constitution) 1 MALAWI GOVERNMENT Act ft., 2.) 1 (1t 6 I assent GOVERNOR-GENERAL SBOTION ARRANGEMENT OF SECTIONS l. Citation and commencement 2. Interpretation 3. Revocation and repeal of specified existing laws 4. Establishment of Constitution 5. Existing laws 6. Existing offices 7. The National Assembly 8. Constituencies and Voters' Roll 9. Transitional provisions 10. Prerogatives and privileges 11. Succession to property by the Government 12. Continuance of rights, liabilities and obligations 13. Confirmation of titles and interest in land, etc. 14. Legal proceedings 15. Exercise of jurisdiction of High Court and other courts First Schedule-s- Provisions revoked or repealed Second Schedule=-Conetitution (If the Republic of Malawi
2 Republic of Malawi (Constitution) An Act to constitute the Republic of Malawi and to provide for matters incidental thereto or connected therewith ENACTED by the Parliament of Malawi 1. This Act may be cited as the Republic of Malawi (Constitution) Act, 1966, and shall come into operation on the 6th July, 1966. Citation and commencement Interpretation 2.-( 1) In this Act, unless the context otherwise requires- "the appointed day" means the 6th day of July, 1966; " the Constitution" means the Constitution established by section 4, and set forth in the Second Schedule; " the existing laws" means all Acts, Orders in Council, laws, rules, regulations, resolutions, orders or other instruments in writing having the effect of law in any part of Malawi immediately before the appointed day; " the former Protectorate" means the former Protectorate of Nyasaland; " the Government" means the authority, for the time being, in which is vested (whether before or after the appointed day) the executive power of Malawi. (2) Except where the context otherwise requires, expressions used in this Act have the same meaning as in the Constitution, and the provisions of section 98 of the Constitution shall apply for the purposes of interpreting this Act as they apply for the purposes of interpreting the Constitution.. Cap. 1 (3) Except where expressly otherwise provided, the Interpretation and General Clauses Ordinance shall apply, with any necessary adaptations, for the purpose of interpreting the Constitution, and otherwise in relation thereto,
Republic of Malawi (Oonstitution) as it applies for the purpose of interpreting, to, Ordinances or Acts of Parliament. 8 and in relation 8. The existing laws specified in Column 1 of the First Schedule are revoked or repealed to the extent specified in Column 2 of the Schedule. 4. Subject to the provisions of this Act, the Constitution shall come into effect in Malawi on the appointed day. 5.-( 1)Subject to the provisions of this section, and so far as is consistent with the provisions of the Constitution, the existing laws shall continue in force after the appointed day as if they had been made in pursuance of the Constitution, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution, and in particular any reference therein to the Crown shall be construed as a reference to the Government. (2) The President may, by an order under his hand made at any time before the 6th July, 1967, make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Act or the Constitution, or otherwise for enabling effect to be given to those provisions. (3) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for immediately before the appointed day, by or under the provisions revoked or repealed by section 3 of this Act, that prescription or provision shall, as from the appointed day, have effect as if it had been made under the Constitution by Parliament or, as the case may be, by the other authority or person. (4) The provisions of this section shall be without prejudice to any powers conferred by this Act or the Constitution upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law. Revocation ~~;e;~:~ existing laws EstabJish~:::t~~tion Existing laws
4 Existing offices Republic of Malawi (Oonstitution) 6.-(1) Where any office has been established by or under the provisions revoked by section 3 of this Act and the Constitution establishes a similar or an equivalent office, any person who immediately before the appointed day holds or is acting in the former office shall, so far as is consistent with the provisions of the Constitution, be deemed to have been appointed, elected or designated as from the appointed day to hold or to act in the latter office in accordance with the provisions of the Constitution and to have taken any necessary oath under the Constitution: Provided that any person who, under the provisions revoked by section 3 of this Act or under any existing law, would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or upon the attainment of that age. (2) The provisions of this section shall be without prejudice to(a) the provisions of section 7; and (b) any powers conferred by or under the Constitution upon any person or authority to make provision for the abolition of offices or the removal of persons holding or acting in any office. The National Assembly 7.-(1) Subject to the provisions of subsection (2), the National Assembly constituted by the provisions revoked by section 3 (hereinafter in this section referred to as " the existing National Assembly") shall be the National Assembly during the period beginning on the appointed day and ending on the first dissolution of Parliament thereafter and shall be deemed to have been constituted under section 19 of the Constitution. (2) The persons who, immediately before the appointed day, are the members of the existing National Assembly, and who represent general roll constituencies in the Assembly, shall continue to be the members of the National Assembly and, as from the appointed day, shall be deemed to have been elected to the National Assembly to represent the same constituencies as the constituencies for which they were respectively elected under the provisions of the Nyasaland (Electoral Provisions) Order in Council, 1964, and shall hold their seats in the National Assembly in ccordance with sections 23 and 28 of the Constitution.
Republic of Malawi (Oonstitution) 5 (3) The Special Roll constituencies constituted and delimited by the Nyasaland (Electoral Provisions) Order in Council, 1964, and the Regulations made thereunder shall cease to exist upon the appointed day, and the persons representing any of those constituencies on that day shall thereupon cease to be elected members of the National Assembly. (4) The persons who, immediately before the appointed day, are the Speaker and the Deputy Speaker of the existing National Assembly shall continue to be, respectively, the Speaker and the Deputy Speaker of the National Assembly after the appointed day and, as from that time, shall be deemed to have been elected as such in accordance with the provisions of the Constitution and shall hold office in accordance with those provisions. (5) The Rules and Standing Orders of the existing National Assembly as in force immediately before the appointed day shall, until it is otherwise provided under section 42 of the Constitution, be the rules and procedure of the National Assembly but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution. (6) Subject to the provisions of section 45 (6) of the Constitution, Parliament shall, unless sooner dissolved, stand dissolved on the 7th July, 1971, and section 45 (5) of the Constitution shall be construed accordingly. (7) Any person who, under the provisions of this section, continues to be Speaker, Deputy Speaker or a member of the National Assembly after the appointed day shall be deemed to have taken any necessary oath under the Constitution. (8) All moneys granted, voted or appropriated by the existing National Assembly to the service of the Government for the current financial year shall be deemed to have been granted, voted or appropriated by the National Assembly established by section 19 of the Constitution, and in accordance with the provisions of the Constitution.
RepubUc oj J.lf alawi (Constitution) Oonstitueneiea and Voters' Roll 8.-(1) Until other provision is made under section 31 of the Constitution, the boundaries of the fifty constituencies into which Malawi is divided by that section shall be the boundaries of the general roll constituencies established under the provisions of the Nyasaland (Electoral Provisions) Order in Council, 1964, as delimited immediately before the appointed day. (2) For the purpose of section 31 of the Constitution, the date upon which the Electoral Commission shall be deemed to have last reviewed the boundaries of the constituencies into which Malawi is divided for the purposes of that section shall be the 1st April, 1964. (3) Subject to the provisions of section 29 of the Constitution, every person who immediately before the appointed day is registered in any constituency as a voter in elections of members to the National Assembly shall continue to be so registered after the appointed day, until such time as a new or revised roll of voters shall have been prepared after the appointed day under an Act of Parliament. Transitional 9.-( 1) All rights and obligations under conventions, provisions treaties or agreements which were exercisable by or binding upon the Government immediately before the appointed day shall continue to be so exercisable and binding. (2) All functions which immediately prior to the appointed day were vested in the Governor-General or in any other authority, shall as far as the same continue in existence and are capable of being exercised after the appointed day be vested in the President, or in the authority exercising similar functions under the Constitution, as the case may be, except such functions as are by this Act or any other law vested in some other authority. Prerogatives and privileges 10. Where under any existing law, constitutional custom or convention any prerogatives or privileges are vested in Her Majesty in respect of Malawi or in the Governor- General on behalf of Her Majesty, they shall with effect from the appointed day vest in the President and, subject to the provisions of the Constitution or any other law, the President shall have power to do all things necessary for the exercise thereof.
Republic of Malawi (Oonstitution) 7 11. Subject to the provisions of this Act, and the Succession Constitution, all property of every nature and kind what- ~~operty soever and all assets that, immediately before the appointed baythe day, were vested in, or held in trust for, Her Majesty or the Governor-General or in any other person in right of the Government of Malawi, shall on and after the appointed day be vested in or, as the case may be, held in trust for the Government: t overnmen Provided that subject to- such vesting or trust interest shall be (a) any rights in respect of any property or assets referred to in this section that, by or under any law, were granted, leased or otherwise disposed of to, or were recognized as being vested in, any person before the appointed day and that were subsisting immediately before the appointed day; and (b) any righte in respect of any property or assets referred to in this section that may, subject to any law, be granted, leased or otherwise disposed of to, or in trust for, any person on or after the appointed day by the Government, or by any person authorized in that behalf by the Government or by or under any law. 12. All rights, liabilities and obligations, howsoever Continu&nce arising, of Her Majesty, the Governor-General or any public l~fbr~gl.ht~s, Ill. 11 lea officer in respect of the Government of Malawi before the and appointed day shall, on and after the appointed day, be obligations rights, liabilities and obligations respectively of the Government. 13. All estates, interests or rights in or over land, Confirmation minerals or mineral oils which the Governor of the former?ftetitlest~d ill rea 8 ill Protectorate, the Governor-General or any other officer or land, etc. authority, acting in exercise or purported exercise of any power in that behalf conferred by any law, had at any time before the appointed day validly created, granted or reoognized, are hereby confirmed.
8 Republic oj M aiawi (Oonstitution) Legal proceedings Exeroise of j uriadiction of High Court and other oourts 14.-(1) All proceedings that, immediately before the appointed day, are pending before any court established by or under the provisions revoked by section 3 may be continued and concluded after the appointed day before the corresponding court established by or under the Oonstitution. (2) Any decision, order or sentence given before the appointed day by any such court as aforesaid shall, for the purpose of its enforcement or for the purpose of any appeal therefrom, have effect after the appointed day as if it were a decision of the corresponding court established by or under the Constitution. 15. Until Parliament otherwise provides, the civil and criminal jurisdiction of the Supreme Court of Appeal, the High Court and of all subordinate courts (including Local Courts) shall, subject to the provisions of this Act and of any law in force in Malawi, be exercised in conformity with the existing laws and the substance of the common law and the doctrines of equity. Section 3 THE FIRST SCHEDULE PRovISIONS REVOKED OR REPEALED BY THIS ACT Column 1 S.I. 1964/ The Malawi Independence Order, 916 1964 Column 2 All sections, other than sections 11 and 12 of the Order and sections 105 and 106 of the Constitution of Malawi set out in Schedule 2 to that Order. No.1 of 1!l64 The Constitution of Malawi The whole Act. (Amendment) Act, 1964 No. 41 of The Constitution of Malawi The whole Act. 1965 (Amendment) Act, 1965 No. 49 of The Constitution of Malawi The whole Act 1965 (Amendment) (No.2) Act, 1965 S.I. 1964/ The N yasaland (Electoral The whole Order 269 Provisions) Order in Council, 1964
Republic oj Malawi (Oonstitution) 9 THE SECOND SCHEDULE Section 2 THE CONSTITUTION OF THE REPUBLIC OF MALAWI ARRANGEMENT OF SECTIONS CluPTER I-THE REPUBLIO SJCOTION 1. Declaration of the Republic 2. Fundamental principles of Government 3. The national territory 4. Malawi a One-Party State 6. Declaration of the national flag 6. The Chiefs CH.APTER II-CITIZENSHIP 7. Continuation of citizenship of Malawi after the appointed day CH.APTER III-THE PRESIDENT 8. The office of President 9. The first President 10. Election of President n. Establishment of Electoral College to select the presidential candidate 12. Term of office of President and when vacancy arises 13. Temporary provision for vacancy in office of President 14. Committee of appointment 16. Performance of functions of President during his absence or illness 16. Salary and allowances of President 17. Presidential and other oaths of office CH.APTER IV -P.A.RLlAMENT 18. Establishment of Parliament 19. Composition: of National Assembly 20. Nominated. members 21. Election of members of National Assembly 22. Direction and supervision of registration of voters and conduct of elections 23. Qualifications for election to National Assembly 24. Disqualifications for election to National Assembly
10 Republic of Malawi (Oonstitution) SEOTION 25. Speaker 26. Deputy Speaker 27. Right of attendance of Ministers 28. Tenure of officeof members of National Assembly 29. The franchise 30. Electoral Commission 31. Constituencies 32. Determination of questions as to membership of National Assembly 33. Clerk to Natio~al Assembly and his staff 34. Interpretation 35. Exercise of legislative power of Parliament 36. Restrictions with regard to certain financial measures 37. The President's rights in the National Assembly 38. Oaths to be taken by Speaker, Members and Clerk 39. Presiding in National Assembly 40. Quorum in National Assembly 41. Voting in National Assembly 42. Regulation of procedure in National Assembly 43. Officiallanguage 44. Sessions of Parliament 45. Prorogation and dissolution of Parliament 46. Sittings of National Assembly CHAPTER V-EXEOUTIVE POWER OF MALAWI 47. Executive authority of Malawi 48. Command of armed forces 49. Ministers and Parlia.mentary Secretaries 50. Appointment of Ministers not being members of the National Assembly 51. Oaths of Ministers and Parliamentary Secretaries 52. Special provisions during a dissolution of Parliament 53. Cabinet 54. Responsibility of Ministers 55. Secretary to Cabinet 56. Attorney General 57. Permanent Secretaries 58. Director of Public Prosecutions 59. Special provisions relating to persons acting as Attorney-General, Director of Public Prosecutions or Auditor-General 60. President's power of pardon, remission etc. 61. Advisory Committee