• Call on : +265 (0) 1 773 996
  • Open Hours : Mon-Fri 08:00 - 16:30
Contact Us

About Us

Law Commission

Mission

To recommend laws that are contemporary and relevant in Malawi and to raise awareness of the laws of Malawi.

Vision

To become the leading advisor on law reform and development, and the status of the law applicable in Malawi.

Goal

To recommend and raise public awareness of laws that address political, economic, social, technological, environmental and legal aspirations of Malawi.

Core Principals

Independence: in the performance or exercise of its functions, duties and powers.

Professionalism: in the conduct of its staff and carrying out of its mandate.

Inclusivity: promotion of the participation of the people of Malaŵi in discharging the mandate of the Commission.

Credibility: with all organs of the state and the people of Malaŵi;

Responsiveness: acting promptly and thoroughly to issues affecting law reform and civic education.

Accountability: in how it is carrying out its mandate and use of resources.

Get involved and participate by submitting calls for law reform

 

Highlight of Our Work

  • Technical Review of the Constitutions of the Republic of Malaŵi (1998)
  • Review of land related laws (2010)
  • Development of legislation on Gender Equality (2011)
  • Review of the electoral laws (2017)
Background

The Law Commission is established under the Constitution of the Republic of Malaŵi and began its operations in 1996. Its enabling Legislation, the Law Commission Act (Cap.3.09), was enacted in 1998, two years after the Commission commenced its operations. The primary statutory function of the Commission is to provide independent advice to Government on the reform of the law in Malaŵi.

Section 136 of the Constitution grants the Commission the freedom to exercise its powers and functions independent of the direction or interference of any other person or authority. This ensures that the recommendations of the Commission are impartial and free from political influence.

The Commission has reviewed and developed legislation on social, economic, cultural, civil and political issues in line with constitutional provisions and international standards. To date, the Commission has published a number of reports and all of them contained proposed legislation. Some of the proposals have been endorsed and enacted into legislation while others are pending before either the Cabinet or the Nation Assembly.

Core Mandate

The broad framework of the Commission is provided under section 135 of the Constitution. The core mandate is to review and make recommendations   regarding   any matter pertaining to the laws of Malaŵi, including the Constitution itself, their conformity with the Constitution, and applicable international laws.

Functions

The Law Commission Act, in addition to the functions under the Constitution, provides four functions of the Commission as follows:

(a) review laws of Malaŵi with a view to the systematic development and reform of the law including;

  • (i) modernization of the laws by bringing them into accord with the current national and international conditions and norms;
  • (ii) elimination from the laws of any defects, whether of a procedural, substantive, or policy nature;
  • (iii) simplification of the laws; and
  • (iv) recommendation of new or more effective methods and procedures for the administration of the laws;

(b) making recommendations for the fusion or harmonization of customary law with other laws of Malaŵi;

(c) making recommendations for the codification of any branch of the law or any customary law; and

(d) promoting awareness of the laws and the Constitution to the public, departments of the Government, other authorities or bodies.