Malawi is an African landlocked country that shares borders with Zambia, Tanzania, Mozambique. The population of this country is approx 2,00,91,635 with 1,18,484 square kilometers area. The official language is English. Along with many regional languages. There are many ethnic groups, and none is the majority. Religiously 82% are Christian, 13% are Muslim, and 5% follow other religions.
Democracy in Malawi is nascent and weak. In this situation, the supremacy of the Constitution has been declared, which is commendable. Any political dispute shall be resolved only according to the Constitution. Everyone shall have the right to form political parties and participate in peaceful political activities. Freedom of speech is recognized. Equal rights are guaranteed to all irrespective of ethnic community, caste, biological gender, language, religion, political or other opinion. Everyone shall have the right to an effective remedy by a court of law for violation of rights and freedoms guaranteed by the Constitution or by law.
Admirable Articles of Malawi's Constitution
4. Protection of the people of Malawi under this constitution
This Constitution shall bind all executive, legislative and judicial organs of the State at all levels of Government and all the peoples of Malawi are entitled to the equal protection of this Constitution, and laws made under it.
5. Supremacy of this Constitution
Any act of Government or any law that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid.
10. Application of this Constitution (Part of it)
● In the interpretation of all laws and in the resolution of political disputes the provisions of this Constitution shall be regarded as the supreme arbiter and ultimate source of authority.
20. Equality
● Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition.
● Legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts.
22. Family and marriage
1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
2. Each member of the family shall enjoy full and equal respect and shall be protected by law against all forms of neglect, cruelty or exploitation.
3. All men and women have the right to marry and found a family.
4. No person shall be forced to enter into marriage.
5. Subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation.
6. No person over the age of eighteen years shall be prevented from entering into marriage.
26. Culture and language
Every person shall have the right to use the language and to participate in the cultural life of his or her choice.
34. Freedom of opinion
Every person shall have the right to freedom of opinion, including the right to hold, receive and impart opinions without interference.
40. Political rights
● Subject to this Constitution, every person shall have the right—
● to form, to join, to participate in the activities of, and to recruit members for, a political party;
● to campaign for a political party or cause;
● to participate in peaceful political activity intended to influence the composition and policies of the Government; and
● freely to make political choices.
● The State shall, provide funds so as to ensure that, during the life of any Parliament, any political party which has secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency.
● Save as otherwise provided in this Constitution, every person shall have the right to vote, to do so in secret and to stand for election for any elective office.
41. Access to justice and legal remedies
● Every person shall have a right to recognition as a person before the law.
● Every person shall have the right of access to any court of law or any other tribunal with jurisdiction for final settlement of legal issues.
● Every person shall have the right to an effective remedy by a court of law or tribunal for acts violating the rights and freedoms granted to him or her by this Constitution or any other law.
88. Responsibility of the President
● The President and members of the Cabinet shall not hold any other public office and shall not perform remunerative work outside the duties of their office and shall, within three months from the date of election or appointment, as the case may be, fully disclose all of their assets, liabilities and business interests, and those of their spouses, held by them or on their behalf as at that date; and, unless Parliament otherwise prescribes by an Act of Parliament, such disclosure shall be made in a written document delivered to the Speaker of the National Assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the Standing Orders of Parliament.
● Any business interests held by the President and members of the Cabinet shall be held on their behalf in a beneficial trust which shall be managed in such manner as to ensure conformity with this section.
● The President and members of the Cabinet shall not use their respective offices for personal gain or place themselves in a situation where their material interests conflict with the responsibilities and duties of their offices.
179. Contingency Fund
● The National Assembly may make provision for the establishment of a Contingencies Fund and for authorizing the Minister responsible for Finance, if he or she is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that Fund to meet that need.
Facts of Malawi's Constitution
122. Appointment of Ombudsman
● Nominations for appointment to the office of Ombudsman shall be received from the public by way of a public advertisement placed by the Clerk to the National Assembly and the successful candidate shall be appointed by the Public Appointments Committee in accordance with the requirements of this section.
● The person appointed to the office of Ombudsman shall—
● have sufficient knowledge of the law;
● be publicly regarded as a person who can make impartial judgments;
● have sufficient knowledge of the workings of Government;
● not have had any criminal convictions and not have been a bankrupt;
● be otherwise competent and capable of performing the duties of his or her office;
● not be the President, Vice-President, a Minister or Deputy Minister, a serving public officer in any public office other than that of Ombudsman or a member of Parliament; and
● not hold any other public office unless otherwise provided for in this Constitution.
