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MALAWI Law Commission

The Constitution of the Republic of Malawi established the Law Commission in 1994. The enabling legislation, the Law Commission Act (Cap: 3:09), followed in 1998, 2 years after the commission commenced full operations

The primary statutory function of the Commission is to provide independent advice to Government on the reform of the law in Malawi. The work of the Commission is inclusive and participatory. The public and organizations at various levels take part in law reform

The work of the Commission has been diverse since establishment. 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.

Rosemary Kumitsonyo Kanyuka

Law Commissioner

Ms Rosemary Kumitsonyo
Ms Rosemary Kumitsonyo Kanyuka. Law Commissioner
Institution Setup

The Law Commissioner heads the Commission for a renewable term of 5 years on appointment by the State President. The appointment is on recommendation by the Judicial Service Commission. Other officers of the Commission are appointed by the Law Commissioner and are officers in the public service

The core business of the Commission is undertaken by the Legal Services Division whose mandate is broken into legal research; review of statutes; development of proposed legislation; and civic education

The Corporate Services Division generally provides support services to the Legal Services Division on matters of Administration; human resource management; accounting; library services and procurement

Core principles of the Commission

Independence
In the performance or exercise of functions, duties and powers

Responsiveness
In reacting promptly to the needs established by its stakeholders and the public for law reform and civic education

Accountability
In carrying out its mandate and use of resources

Credibility
With all organs of the state, development partners and the public

Professionalism
In the conduct of its staff and carrying out its mandate

Get involved and participate by submitting calls for law reform

Mandate and Functions

The broad framework of the functions of the Commission is provided under section 135 of the Constitution. The core mandate of the Commission is to review and make recommendations regarding any matter pertaining to the Laws of Malawi, including the Constitution itself, and their conformity with Constitution and applicable international law. The Commission receives and reviews submissions from individuals or institutions calling for law reform. It reports its findings and recommendations to parliament through the Minister responsible for Justice.

The Law Commission Act expounds the functions of the Commission under section 6, in addition to its constitutional functions, as follows:

  1.