HUMAN RIGHTS COMMISSION

CHAPTER 3:08
HUMAN RIGHTS COMMISSION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
MEMBERSHIP OF THE COMMISSION

    3.    Number of appointed members

    4.    Procedure for nominating appointed members

    5.    Tenure of appointed members

    6.    Chairman of the Commission

    7.    Remuneration

    8.    Committees

    9.    Co-opted persons

PART III
COMPETENCE AND RESPONSIBILITIES OF THE COMMISSION

    10.    Provisions in furtherance of the Constitution

    11.    Commission, an independent national institution

    12.    Competence and powers

    13.    Duties and functions

    14.    Responsibilities

    15.    Methods of operation

PART IV
HEARINGS, INVESTIGATIONS AND REMEDIES

    16.    Hearings

    17.    Procedure for hearings

    18.    Conduct of investigations

    19.    Entry and search of premises and attachment or removal of articles

    20.    Entry and search warrant

    21.    Order of attachment and removal

    22.    Remedies

PART V
MEETINGS

    23.    Meetings

    24.    Chairmen of committee

    25.    Minutes

    26.    Decisions

PART VI
ADMINISTRATION

    27.    Regular supervision

    28.    Executive Secretary

    29.    Duties of the Executive Secretary

    30.    Other staff

    31.    Attendance of meetings by staff

PART VII
FINANCE

    32.    Funding of the Commission

    33.    Accounting and audit

PART VIII
MISCELLANEOUS

    34.    Impartiality and independence

    35.    Disclosure of interest

    36.    Oath of office

    37.    Annual reports to Parliament

    38.    Regulations

        SCHEDULE

27 of 1998
21 of 2016
G.N. 16/2001

    An Act to make provision relating to the status and functioning of the Human Rights Commission established under Chapter XI of the Constitution and to provide for matters ancillary thereto or connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Human Rights Commission Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “appointed members” means members of the Commission appointed under section 131 (1) (c) of the Constitution, being those other than the Law Commissioner and the Ombudsman;

    “Commission” means the Human Rights Commission established under Chapter XI of the Constitution;

    “Executive Secretary” means the officer of the Commission appointed under section 28;

    “human rights” means human rights guaranteed by or under the Constitution or any other law in force in Malawi, including international law;

    “premises” includes land, any building or structure, any vehicle, conveyance, ship, boat, vessel, aircraft or container.

PART II
MEMBERSHIP OF THE COMMISSION

3.    Number of appointed members

    The number of other members of the Commission appointed under section 131 (1) (c) of the Constitution (in this Act referred to as “appointed members”) shall not exceed seven at any one time unless the President, on the recommendation of the Commission, by Order published in the Gazette, prescribes a greater number of appointed members.

G.N. 16/2001

4.    Procedure for nominating appointed members

    (1) The procedure for nominating appointed members shall involve first the issuing of a public advertisement, signed jointly by the Law Commissioner and the Ombudsman, directed to the organizations described in section 131 (1) (c) of the Constitution, being those which both the Law Commissioner and the Ombudsman, in their absolute discretion, consider to be reputable organizations representative of Malawian society and that are wholly or largely concerned with the promotion of rights and fundamental freedoms guaranteed by the Constitution.

    (2) The advertisement under subsection (1) shall invite all appropriate organizations to nominate up to two persons who are independent, non-partisan and of high integrity and standing from within or outside the organization for appointment as member or members of the Commission, and to do so within thirty days of the date of the publication of the advertisement and in writing addressed to the Commission, giving the full name and address of any person so nominated and his curriculum vitae.

    (3) The Law Commissioner and the Ombudsman shall—

    (a)    jointly assess the reputation of the nominating organizations and may, for that purpose, seek other or further information pertaining to any nominated person from the person himself or any other person or source before recommending who among the nominated persons shall be formally appointed by the President as members of the Commission;

    (b)    according to their assessment under paragraph (a), keep a list of reserved names of nominated persons to be appointed to fill any casual vacancy for the remainder of the term of a member who vacates office before the expiry of the term prescribed in section 5 (1).

    (4) A list of the names of nominating organizations, the names of the persons nominated and the names of the persons formally appointed by the President and the resultant membership of the Commission shall be published in the Gazette.

5.    Tenure of appointed members

    (1) Appointed members of the Commission shall…