Arwa House, Private Bag 373, Lilongwe 3, MALAWI
TEL: (265) 782 822 / 442 / 841: FAX: (265) 782 532
 
WHAT IS THE LAW COMMISSION?
The Law Commission is an independent institution established under Chapter XII of the Constitution with powers to review and make recommendations relating to the repeal and amendment of laws and such other powers and functions as are conferred on it by the Constitution and any other Act of Parliament. Matters relating to the functional operation of the Law Commission are provided for under the enabling Law Commission Act of 1998.
 
 
MISSION STATEMENT
The Law Commission exists to provide a dynamic service to the people of the Republic of Malawi through the review of the Constitution and all Laws of Malawi with a view to the systematic development and reform of the law through:
  • revision of the existing laws in order to publish a new edition to be periodically updated
  • recommendations for the codification of any branch of law or any customary law
  • promotion of awareness of the Constitution and all Laws of Malawi by the public and all other authorities or bodies

    • informing the public on the state of the law in Malawi and international instruments to which Malawi is a party.
 
 
VISION STATEMENT
To maintain an efficient Law Commission, technologically and professionally well equipped, emphasising modernisation through training and development of staff by making use of up-to-date computer technology, while working with the community to meet the needs of a changing society that operates under a sovereign constitution and the rule of law.
 
WHAT ARE THE DUTIES OF THE LAW COMMISSION?
In pursuance of its powers and functions under the Constitution and the Law Commission Act the Law Commission:
  • prepares its work programme annually in order of priority and publishes it in the Gazette
  • may invite the Attorney General or any Minister to suggest any matter for inclusion in its work programme
  • may conduct a public inquiry into any matter relating to law reform or development from any person or body
  • may consult with concerned parties or the public for purposes of considering matters for law reform or development
  • shall prepare and publish its reports and the necessary draft legislation
  • may prepare and publish law reports in collaboration with the judiciary
  • shall provide, when called upon to do so, legal advice to the public as regards the state of the law in Malawi and international instruments to which Malawi is a party
 
HOW DOES THE LAW COMMISSION FURTHER ITS FUNCTIONS?
The Law Commission has, among other things, power to:
  • sponsor, support or organise conferences, seminars, workshops and meetings for the promotion of its functions
  • receive donations of funds, materials and technical assistance for the furtherance of its work

    • determine its own procedures for carrying out consultations and for the general conduct of its work
 
WHAT ARE THE ACTIVITIES OF THE LAW COMMISSION?
The Law Commission has engaged in a number of activities since its establishment. It has fostered law reform in the areas of wills and inheritance, affiliation and criminal law, which attempted to resolve certain issues relating to women and children. Most importantly, the Law Commission completed a comprehensive technical review of the Constitution of Malawi. The report is being popularised through various forums in order to encourage the enactment of the Draft Bills that were drafted as a result of the recommendations. Another formidable task that the Law Commission has completed is the report relating to the reform of the Penal Code. This report was prepared by the Criminal Justice Reform Commission and this Commission has also recently completed a report relating to Bail Guidelines. Other law reform activities underway and being considered are:
  • Reform of the Criminal
  • Procedure and Evidence Code
  • Reform of the Army Act
  • Reform of the Legal Education and Legal Practitioners Act
  • Reform of the Police Act
  • Lay Visitors Scheme and Community Policing Forums as part of the on-going reform of the Police Act
  • Legislation relating to gender issues
  • Reform of the Censorship and Control of Entertainments Act
  • Civic education and public awareness programmes relating to law reform, the Constitution and the Laws of Malawi.
 
WHAT IS THE STAFF COMPOSITION OF THE LAW COMMISSION?
Based on the Organisational Chart the Law Commission is to comprise of the Law Commissioner and 55 subordinate staff members. Presently the Law Commission is staffed by a Law Commissioner, 5 Law Reform Officers and 26 other staff members in the administration, human resources, accounts and secretarial sections. The Law Commission currently has a Legal Adviser under the auspices of the Commonwealth Secretariat. [ See personnel list ]

Further, by virtue of Section 133(b) of the Constitution, the Law Commissioner in consultation with the Judicial Service Commission appoints other persons from time to time, to participate in the law reform process, on account of their expert knowledge of a matter of law under review by the Law Commission, or on account of their expert knowledge of other matters relating to legal issues under review.
 
WHO ARE THE KEY CLIENTS OF THE LAW COMMISSION?

The Law Commission’s clientele includes:
  • The people of Malawi
  • The Ministry of Justice as well as all other Ministries of Government and Statutory Authorities
  • Ministers of Government
  • Members of Parliament
  • The Judiciary
  • The Magistracy
  • The Speaker of the National Assembly
  • The Speaker of the Senate
  • The Secretary to the President and Cabinet
  • The Government Printer and the Government Printery
  • Members of the various Law Reform Commissions
  • Non-Governmental Organisations throughout Malawi

    • Local, regional and international Donor Funding Agencies that assist the Law Commission in realising its work plans and objectives
 
WHERE ARE WE LOCATED?
The Law Commission can be reached at the following address:
ARWA HOUSE
PRIVATE BAG 373, 
LILONGWE 3
MALAWI.
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E-mail: lawcom@sdnp.org.mw