LAW COMMISSION

CHAPTER 3:09
LAW COMMISSION

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
STAFF OF THE COMMISSION

    3.    The Law Commissioner

    4.    Other staff of the Commission

    5.    Other members of the Commission

PART III
FUNCTIONS OF THE COMMISSION

    6.    Functions

    7.    Duties

    8.    Powers

PART IV
REPORTS OF THE COMMISSION

    9.    Publication of reports

    10.    Laying of reports in Parliament

    11.    Reference of reports to other Ministers

    12.    Promulgation of draft legislation recommended by the Commission

    13.    Comments by Cabinet, etc.

PART V
FINANCIAL PROVISIONS

    14.    Funding of the Commission

    15.    Accounting and auditing

PART VI
MISCELLANEOUS

    16.    Regulations

13 of 1998

    An Act to make provision for the functional operation of the Law Commission established under Part XII of the Constitution and for matters connected therewith or ancillary thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Law Commission Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Commission” means the Law Commission established under Chapter XII of the Constitution;

    “Law Commissioner” means the officer designated and appointed as such under section 133 of the Constitution;

    “matter” in relation to the work of the Commission, means a matter within the competence of the Commission under the Constitution or this Act;

    “programme” means a programme of the work of the Commission prepared and published under section 7 (a);

    “report” means a report of the findings and recommendations of the Commission required by section 135 (d) of the Constitution to be submitted to the Minister and to be published and laid in Parliament by him.

PART II
STAFF OF THE COMMISSION

3.    The Law Commissioner

    The Law Commissioner shall be paid such salary and allowances and shall be entitled to such benefits as Parliament shall determine.

4.    Other staff of the Commission

    (1) There shall be employed in the service of the Commission, subordinate to the Law Commissioner, such other support staff as the Commission shall consider necessary for the performance and exercise of the functions, duties and powers of the Commission, and who shall be officers in the public service appointed by the Commission.

    (2) Such of the professional or specialized staff of the Commission as the Commission shall specify shall be appointed on such terms and conditions of service as Parliament may approve.

5.    Other members of the Commission

    Members of the Commission, other than the Law Commissioner, appointed under section 133 (1) (b) of the Constitution shall receive such remuneration as Parliament shall specially or generally approve on the recommendation of the     Commission, but such members shall not, by reason only of their appointment as such, be deemed to be officers in the public service.

PART III
FUNCTIONS OF THE COMMISSION

6.        The functions of the Commission, in addition to those conferred by the Constitution, shall be—

    (a)    to review the Laws of Malawi with a view to the systematic development and reform of the law, including, in particular—

        (i)    the modernization of the laws by bringing them into accord with current national and international conditions and norms;

        (ii)    the elimination from the laws of any defects, whether of a procedural, substantive or policy nature;

        (iii)    the simplification of the laws;

        (iv)    the recommendation of new or more effective methods and procedures for the administration of the laws;

    (b)    to make recommendations for the fusion or harmonization of customary law with other laws of Malawi;

    (c)    to make recommendations for the codification of any branch of the law or of any customary law; and

    (d)    to promote awareness of the laws and the Constitution by the public and by departments of the Government and other authorities or bodies.

7.    Duties

    (1) In pursuance of its powers and functions under the Constitution and this Act, the Commission—

    (a)    shall, from time to time, prepare programmes of its work for any specified period not exceeding a calendar year setting out, in an order of priority, matters for its consideration and shall publish a notice of any such programme in the Gazette;

    (b)    may invite the Attorney General, on behalf of the Government, or any Minister to refer to the Commission any matter for inclusion in its programme to be prepared and published under paragraph (a);

    (c)    may conduct a public inquiry into any matter relating to law reform or development and, for the purposes of such inquiry, the Commission shall have the same powers as commissioners appointed under the Commissions of Inquiry Act;

    (d)    may invite or receive from any person or body proposals or submissions pertaining to any matter relating to law reform or development for its consideration;

    (e)    may, for…