Chapter Twenty-One

Parliamentary Service

Sections 194A – 194G

Malawi's constitution is complete to read here. Narrated audio hasn't been recorded yet.

Section 194AParliamentary Service

(1)

There shall be a Parliamentary Service of public officers which shall provide to the National Assembly and its committees, such administrative, professional, technical and other support services as are necessary to facilitate the operation of the National Assembly and the carrying out by members of the National Assembly of their duties and functions.

(2)

Subsection (1) shall not limit or preclude provision of administrative, professional, technical or other support services to the National Assembly, its committees or to a member of the National Assembly by any other Government institution or agency.

Section 194BParliamentary Service Commission

(1)

There shall be a Parliamentary Service Commission which shall be the body responsible for the overall management of the Parliamentary Service, and shall have the powers and functions conferred upon it by this Constitution and an Act of Parliament.

Section 194CPowers and Functions of the Parliamentary Service Commission

(1)

Subject to this Constitution, the power to appoint persons to hold or act in offices in the Parliamentary Service, including the power to confirm appointments, and to remove such persons from office shall vest in the Parliamentary Service Commission.

(2)

Notwithstanding subsection (1), the Clerk to the National Assembly shall be appointed or removed from office by the President on recommendation of the Parliamentary Service Commission.

(3)

The Parliamentary Service Commission shall, subject to this Constitution and any Act of Parliament,exercise disciplinary control over persons holding or acting in any office to which this Chapter applies.

Section 194DComposition of the Parliamentary Service Commission

(1)

The Parliamentary Service Commission shall consist of— (a) the Speaker of the National Assembly who shall be the Chairman of the Commission; (b) such other members of the National Assembly, not exceeding five, as shall be appointed by a resolution of the National Assembly upon a motion presented by a member of the National Assembly designated by the Speaker, and (c) two persons, not being members of the National Assembly and not being officers in the public service, who are suitably qualified and are considered to be fit and proper persons to assist the Commission in discharging its functions and who shall be appointed by the Speaker on recommendation of the Public Appointments Committee.

(2)

The appointment of members of the Commission under subsection (1) (b) and (c) shall be subject to the maintenance of a gender balance as may be prescribed under an Act of Parliament.

(3)

A person who is a Minister or a Deputy Minister shall not be eligible for appointment as a member of the Commission.

Section 194ETenure of Office

(1)

Subject to subsection (3), a member of the Commission, other than the Speaker, shall hold office from the date of appointment until expiry of the term of the National Assembly: Provided that the members of the Commission who held such office immediately before the expiry of the term of the National Assembly shall continue to hold office until the first meeting of the National Assembly after the general election.

(2)

The Speaker shall vacate office as a member of the Commission upon ceasing to hold the office of Speaker.

(3)

A member of the Commission, other than the Speaker, shall vacate office as a member ot the Commission. (a) upon the member assuming the office of President, Vice President, Minister or Deputy Minister; (b) upon a resolution of the National Assembly removing him or her from office; (c) if the member resigns; (d) in the case of a member appointed under section 194D (1) (b), if before the term of the National Assembly expires, that member ceases to be a member of the National Assembly; and (e) in the case of a member appointed undersection 194D (1) (c), if any circumstance arise that,if he or she were not a member of the Commission,would cause that person to be disqualified for appointment as such.

Section 194FTemporary absence of Chairman

(1)

Where the Speaker is for any reason unable to perform the functions of his or her office as Chairman, a Deputy Speaker, specifically designated by the Speaker, shall perform the functions of the Chairman until the Speaker is able to resume his or her duties.

Section 194GIndependence of the Parliamentary Service Commission

(1)

The Parliamentary Service Commission shall exercise its powers and perform its functions and duties independent of the direction or interference of any other person or authority.

Source: Government of Malawi — ppda.mw. Reproduced for education; not an official government publication or legal advice.