The Malawi Gazette Supplement, dated 15th November, 2024, containing

Bills

NOTICE

The following Bills, for introduction in Parliament, are published for

general information.

LILONGWE 15th November, 2024.

F. KALEMBA
Clerk of Parliament

CONSTITUTION (AMENDMENT) BILL, 2024

MEMORANDUM
This Bill seeks to amend the Constitution to provide for, among other things,
the establishment of a Judicial Service; and the revision of the composition of the
Judicial Service Commission.
Firstly, the Bill seeks to establish a Judicial Service, as a separate and distinct
service from the civil service. The Judicial Service shall provide to the Judiciary
such professional, administrative, technical and other support services as are
necessary to facilitate the effective operation of the Judiciary.
Secondly, the Bill seeks to introduce the offices of the Chief Registrar and
Deputy Chief Registrars. The proposal emanates from a Functional Review of the
Judiciary which recommended the establishment of these two offices, in addition
to the already existing offices of Registrar and Assistant Registrars. The Chief
Registrar shall be the controlling officer of the Judicial Service.
Lastly, the Bill seeks to revise the composition of the Judicial Service
Commission. The object of this revision is to make the representation on the
Judicial Service Commission to be broad based. The proposed new members
include Judges, the Solicitor General, a law lecturer from an accredited school of
law, a Senior Counsel and two lay Malawians of good standing.

B. No. 22
 Constitution (Amendment) 1

CONSTITUTION (AMENDMENT) BILL, 2024

ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Amendment of s.111 (4) of the Constitution
3. Amendment of s.112 of the Constitution
4. Insertion of a new s. 115A into the Constitution
5. Substitution of s.116 of the Constitution
6. Substitution of s. 117 of the Constitution
7. Insertion of a new s. 117A into the Constitution

A BILL

entitled

An Act to amend the Constitution

ENACTED by the Parliament of Malawi as follows—
1. This Act may be cited as the Constitution (Amendment) Act, Short title
2024.
2. The Constitution is amended, in section 111 (4) by Amendment
deleting paragraph (c) and substituting therefor, the following new of s.111 (4)
of the
paragraph (c)— Constitution
“(c) the Chief Registrar, Deputy Chief Registrar,
Registrar or Assistant Registrar”.
3. The Constitution is amended, in section 112, by inserting, Amendment
immediately after subsection (2), the following new subsection (3)— of s.112 of the
Constitution

B. No. 22
2 Constitution (Amendment)

“(3) Notwithstanding section 111 (2), the President

may appoint a person holding the office of Attorney
General or the office of Solicitor General to be a Judge
of the High Court or Justice of Appeal, as the case may
be, where such officer—
(a) has served in that capacity for a period of not
less than two years; and
(b) qualifies to be appointed as a Judge or a Justice
of Appeal under subsection (1).”.
Insertion of a 4. The Constitution is amended by inserting, immediately after
new s. 115A section 115, the following new section 115A—
into the
Constitution “Judicial 115A.—(1) There shall be a Judicial Service of public
Service officers which shall comprise holders of judicial office
and such other administrative, technical and support
staff, as are necessary to facilitate the operations of the
Judiciary.
(2) Persons employed in the Judicial Service shall
exercise their powers and perform their functions and
duties independent of the direction or interference of any
other person or authority outside the Judicial Service.
(3) Subsection (2) shall not limit or preclude provision
of administrative, professional, technical or other support
services to the Judiciary or to a holder of a judicial office
by any other Government institution or agency.”.
Substitution 5. The Constitution is amended by deleting section 116 and
of s.116 of the substituting therefor, the following new section 116—
Constitution
“The Judicial 116.—(1) There shall be a Judicial Service
Service Commission which shall be the body responsible for the
Commission
regulation and overall management of the Judicial
Service and shall have the powers and functions as are
conferred upon it by this Constitution and an Act of
Parliament.
(2) In the exercise of its powers and functions, the
Judicial Service Commission shall be independent of the
interference or direction of any other person or
authority.”.
Substitution 6. The Constitution is amended, by deleting section 117 and
of s. 117 of substituting therefor, the following new section 117—
the
Constitution

B. No. 22
 Constitution (Amendment) 3

“Composition 117. The Judicial Service Commission shall consist

of—
(a) the Chief Justice, who shall be the Chairman;
(b) the Chairman of the Civil Service Commission;
(c) the Solicitor General;
(d) a Justice of Appeal, appointed by the President
after consulting the Chief Justice;
(e) a Judge of the High Court, appointed by the
President after consulting the Chief Justice;
(f) a Senior Resident Magistrate, appointed by the
President after consulting the Chief Justice;
(g) a member of staff of the Judicial Service, other
than a judicial officer, appointed by the President after
consulting the Chief Justice;
(h) a Senior Counsel, appointed by the President
after consulting the Malawi Law Society;
(i) a law lecturer from an accredited school of law
in Malawi, appointed by the President after consulting
the Malawi Council of Legal Education; and
(j) two lay Malawians of good standing, one male
and one female, nominated by the Human Rights
Commission and appointed by the President.”.
7. The Constitution is amended by inserting, immediately after Insertion of a
section 117, the following new section 117A— new s. 117A
into the
“Tenure of 117A.—(1) A member of the Judicial Service Constitution
office of the Commission appointed under section 117(d), (e), (f), (g),
Judicial
Service (h), (i) and (j) shall hold office for a term of four years
Commission and may be eligible for re-appointment for one further
term.
(2) The office of a member of the Judicial Service
Commission appointed under section 117(d), (e), (f), (g),
(h), (i) and (j) shall become vacant—
(a) at the expiry of the member’s term of office;
(b) if any circumstances arise that, if that person
were not a member of the Judicial Service
Commission, would cause that person to be
disqualified from appointment as such;
(c) if the member dies;
(d) if the member resigns; or
(e) on removal by the President.

B. No. 22
4 Constitution (Amendment)

(3) The President may remove from office, a member

of the Judicial Service Commission appointed under
section 115 (1) (d), (e), (f), (g), (h), (i) and (j), on any of
the following grounds—
(a) misconduct that brings the Judicial Service
Commission into disrepute;
(b) incompetence in the execution of the functions
of the office of member of the Judicial Service
Commission;
(c) failure to declare a conflict of interest relating
to any matter under consideration by the Judicial
Service Commission;
(d) disclosure or publication to any other person or
entity, other than in the course of duty, of any
confidential information of the Judicial Service
Commission, obtained in the course of duty or
otherwise; or
(e) being compromised to the extent that his or her
ability to exercise the duties of the office of member
of the Judicial Service Commission impartially and
effectively is seriously in question.”.

OBJECTS AND REASONS

The object of this Bill is to amend the Constitution to provide for, among other
things, the establishment of the Judicial Service; and the revision of the
composition of the Judicial Service Commission.
T. CHAKAKA-NYIRENDA
Attorney General

B. No. 22