Establishment of the Human Rights Commission
There shall be a Human Rights Commission the primary functions of which shall be the protection and investigation of violations of the rights accorded by this Constitution or any other law.
The Human Rights Commission shall, with respect to the appli-cations of an individual or class of persons, or on its own motion, have such powers of investigation and recommendation as are reasonably necessary for the effective promotion of the rights conferred by or under this Constitution, but shall not exercise a judicial or legislative function and shall not be given powers so to do.
  1. The Human Rights Commission shall consist of -
  1. the person for the time being holding the office of Law Commissioner;
  2. the person for the time being holding the position of Ombudsman:
  3. Provided that, save as prescribed by this section, no other member of the Human Rights Commission shall be a person in any public office or the President or Vice-President, a Minister or Deputy Minister or a member of Parliament. 

  4. such persons as shall be nominated from time to time in that behalf by those organizations that are considered in the absolute discretion of both the Law Commissioner and the Ombudsman to be reputable organizations representative of Malawian Society and that are wholly or largely concerned with the promotion of the rights and freedoms guaranteed by this Constitution.
  1. The Law Commissioner and the Ombudsman shall jointly refer the name of persons nominated under paragraph (c) of subsection (1) to the President who shall formally appoint such persons as members of the Human Rights Commission.
  2. A member of the Human Rights Commission, other than a member by virtue of paragraph (a) or (b) of subsection (1), shall continue to be members of the Commission until such time as they are removed from office on the grounds of -
  1. incompetence;
  2. incapacity; or
  3. in circumstances where the member is compromised to the extent that his or her ability to impartially exercise the duties of his or her office is seriously in question.