Malawi’s Constitution of 1994 with Amendments through 2017

Judicial Independence

 
Article 9. The separate status, function and duty of the judiciary. The judiciary shall have the responsibility of interpreting, protecting and enforcing this Constitution and all laws and in accordance with this Constitution in an independent and impartial manner with regard only to legally relevant facts and the prescriptions of law. Articles 103. The independence and jurisdiction of the courts and the judiciary 1. All courts and all persons presiding over those courts shall exercise their functions, powers and duties independent of the influence and direction of any other person or authority. 2. The judiciary shall have jurisdiction over all issues of judicial nature and shall have exclusive authority to decide whether an issue is within its competence. 3. There shall be no courts established of superior or concurrent jurisdiction with the Supreme Court of Appeal or High Court.
 

Judicial Council or Parallel Institution

 
Article 107. Relief from duties 1. A Justice of Appeal or Acting Justice of Appeal shall be excused from serving on the Supreme Court of Appeal only for such time as is reasonably necessary and only— a. by reason of that Justice of Appeal or Acting Justice of Appeal having been a party to proceedings in a lower court, the decision of which is being appealed to the Supreme Court of Appeal; or b. for such other reason that the Chief Justice or Judicial Service Commission considers would prevent him or her from performing the duties of his or her office. […] Article 111. 1. The Chief Justice shall be appointed by the President and confirmed by the National Assembly by a majority of two-thirds of the members present and voting. 2. All other judges shall be appointed by the President on the recommendation of the Judicial Service Commission. Magistrates and persons appointed to other judicial offices shall be appointed by the Chief Justice on the recommendation of the Judicial Service Commission and shall hold office until the age of seventy unless sooner removed by the Chief Justice on the recommendation of the Judicial Service Commission. […]
 

Attorney General’s Office

 
Article 98. 1. There shall be the office of Attorney General, who shall be the principal legal adviser to the Government. 2. Any powers vested in the office of the Attorney General may be exercised by the person appointed to that office or, subject to his or her general or special instructions by— a. persons in the public service acting as his or her subordinates; or b. such other legally qualified persons acting on the instructions of the Attorney General. 3. Appointment to the office of Attorney General shall be made by the President. 4. The office of Attorney General shall where it is held by a person employed in the public service, become vacant after the person holding that office has served for five years, or on his or her resignation or retirement or up to the end of the President’s term of office whichever is sooner. 5. The office of Attorney General may either be the office of a Minister or may be a public office. 6. The Attorney General shall be subject to removal by the President on the grounds of incompetence, incapacity or being compromised in the exercise of his duties to the extent that his ability to give impartial legal advice is seriously in question. […]