Law Commission

There shall be a Law Commission which shall have the power to review and make recommendations relating to the repeal and amendment of laws and which shall have such powers and functions as are conferred on it by this Constitution and any Act of Parliament.

The Law Commission shall consist of— (a) a salaried Law Commissioner who shall be appointed by the President on the recommendation of the Judicial Service Commission and who shall be a legal practitioner or a person qualified to be a judge; and (b) such number of other persons as the Law Commissioner in consultation with the Judicial Service Commission may appoint from time to time and for such time as they are required on account of their expert knowledge of a matter of law being then under review by the Law Commissioner, or on account of their expert knowledge of other matters relating to a legal issue being then under review.

The President may remove the Law Commissioner or other person appointed to the Law Commission on the recommendation of the Judicial Service Commission if the Judicial Service Commission is satisfied that the Law Commissioner or such other person appointed to the Law Commission, as the case may be, is not competent or otherwise incapacitated so as to be unable to perform the functions of his or her office.

The Law Commissioner shall serve a term of not more than five years but he or she may be appointed for such further term or terms not exceeding five years as the President shall, on the recommendation of the Judicial Service Commission, determine.

The Law Commission shall have the powers— (a) to review and make recommendations regarding any matter pertaining to the laws of Malawi and their conformity with this Constitution and applicable international law; (b) to review and make recommendations regarding any matter pertaining to this Constitution; (c) to receive any submissions from any person or body regarding the laws of Malawi or this Constitution; and (d) to report its findings and recommendations to the Minister for the time being responsible for Justice who shall publish any such report and lay it before Parliament.

The Law Commission shall exercise its functions and powers independent of the direction or interference of any other person or authority.