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Law Reform

LAW REFORM PROCESS

Each year the Commission prepares an Annual Work Programme, which provides a list of programmes to be implemented in that calendar year. The Commission developed a Law Reform Manual, which guides law reform officers on the law reform process. Once a work programme for a particular year has been published in the Gazette, a law reform assignment may undergo either a traditional or abridged law reform process.

 

LAW RESEARCH 

Law review and development requires a robust research system for a well-established legislation. To necessitate a robust research system, it is pertinent that the officers conducting the research should be well conversant with, where to find the law, how to find the law and most importantly how to apply the law. It should therefore be understood that law research is a relevant skill. This skill to be perfected, there is need for special training. The commission develops staff research skills by conducting trainings. The trainings equips the officer with the ability to effectively make use of the library as to where to find the law and gives the overall perspective of both regional and international law. The commission has also improved the library collection to align with law reform program needs and stock relevant research materials for on-going law reform programs.

Traditional Law Reform Process

A traditional law reform process comprises the following stages:

Stage
1
Identification of an area for law reform
  • Submissions from private individuals or institutions;
  • Identification of an area by the Commission, as a way of implementing Government policies; responding to social change; or the domestication of the obligations of Malaŵi under international conventions; or
  • A request by the Attorney General on behalf of the Government of Malaŵi.
Stage
2
Investigation

  • Each area of law reform that is identified is assigned to programme officers. The programme officers conduct preliminary research on the subject proposed for reform. The programme officers develop working papers that that guide the work of the Commission. The papers include:

    Research Paper: Published to document the initial research related to a particular area under consideration for reform.

    Issues Paper: A consultation tool, that serves to announce an investigation into a particular area of the law under reform or development and to clarify the aim and scope of the process; and

    Discussion Paper: The main document for the work of a special Law Commission, that provides tentative recommendations on the direction of the law reform process.

Stage
3
Appointment of special Law Commissioners

A special Law Commission comprises individuals appointed by the Law Commissioner in consultation with the Judicial Service Commission to serve as special Law Commissioners on the basis of their expert knowledge of the matter of law under review. The Commissioners determine the terms of reference and agree upon the work methodology for the Programme.

Stage
4
Press Release

The Law Commissioner shall issue a press release announcing the inception of a law reform assignment; the development of the Issues Paper and Discussion Paper under; the names of the persons appointed as the special Law Commissioners; and calls for submissions to enrich the work of the special Law Commission.

Stage
5
Consultations

Consultations on a subject matter are held with stakeholders and members of the public. The consultations may include: sending working papers for responses and comments; workshops; focus group discussions, and study visits. Consultations aim to seek diverse views and recommendations of the various stakeholders.

Stage
6
Special Law Commission meeting in plenary

 

The Law Commissioner will convene the first meeting of a special Law Commission where the Law Commissioner outlines the mandate and functions of the Law Commission generally, and in particular, the mandate of the special Law Commission.

Stage
7
Recommendations (Report and Draft Bill)

Once a report has been finalised and is ready for publication, a programme officer will develop an Executive Summary of the key findings of the special Law Commission. The Executive Summary shall form part of the Report, and the Report will be signed by all the Special Law Commissioners.

Stage
8
Press Statement

A press briefing is arranged on the finalisation of the law reform assignment where the Chairperson of the special Law Commission makes a press statement. The press statement highlights the key findings and recommendations contained in the Report of the special Law Commission.

Stage
9
Publication and Submission of Reports to the Minister of Justice

Under section 135(d) of the Constitution, the Commission must report its findings and recommendations to the Minister of Justice, who shall then publish and lay the Commission’s Report before Parliament. The Minister is mandated, further, to refer the proposed legislation to Cabinet for consideration and approval as a Government Bill.

Abridged Law Reform Process

The abridged law reform process follows the first and the second stages of the traditional law reform process, except that in the second stage, only a discussion paper is developed. On stage three, appointment of special Law Commissioners, the process is also the same, but the number of Commissioners is limited to five. In terms of consultations, the number of workshops is limited to a National Consultative Workshop and a National Validation Workshop. The rest of the other processes follow the traditional law reform process.

The role of the Commission during government’s consideration of its Report

Technically, a law reform assignment is completed once the Commission has submitted its report and recommendations to the Minister of Justice. However, the Commission may be required to appear before a parliament or any other public authority, the general public, development partners, the media, or other persons in order to present their key findings and recommendations and respond to queries arising from a law reform assignment.

Publications

Quick links to our resources

Law reform ManualAnnual work programme