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. review the Laws of Malawi with a view to the systematic development and reform of the law including in particular;
    • the modernization of the laws by bringing them into accord with current national and international conditions and norms,
    • the elimination from the laws of any defects, whether of a procedural, substantive or policy nature;
    • the simplification of the law; and
    • the recommendation of new or more effective methods and procedures for the administration of the laws;
  1. make recommendations for the fusion or harmonization of the customary law with other laws of Malawi;
  2. make recommendations for the codification of any branch of the law or of any customary law; and
  3. promote awareness of the laws and the Constitution by the public and departments of the Government and other authorities or bodies

Get involved and participate by submitting calls for law reform