NATIONAL CHILDREN’S COMMISSION

CHAPTER 26:04
NATIONAL CHILDREN’S COMMISSION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
THE NATIONAL CHILDREN’S COMMISSION

    3.    Establishment of the National Children’s Commission

    4.    Composition of the Commission

    5.    Chairperson and Vice-Chairperson

    6.    Eligibility for nomination or appointment

    7.    Suspension from office

    8.    Tenure and vacancy of office

    9.    Allowances and benefits

    10.    Committees of the Commission

PART III
FUNCTIONS, POWERS AND MEETINGS OF THE COMMISSION

    11.    Functions of the Commission

    12.    Powers of the Commission

    13.    Delegation

    14.    Meetings of the Commission

PART IV
MANAGEMENT OF THE COMMISSION

    15.    Secretariat of the Commission

    16.    Chief Executive Officer

    17.    Staff of the Commission

PART V
FINANCIAL PROVISION

    18.    Funds of the Commission

    19.    Books, records of accounts, audit and other reports of the Commission

    20.    Holding of the funds of the Commission

    21.    Financial year

PART VI
MISCELLANEOUS

    22.    Duty to cooperate with the Commission

    23.    Legal representation

    24.    Exemption from personal liability

    25.    Confidentiality

    26.    Oath of secrecy

    27.    Penalty

    28.    Regulations

12 of 2019
24 of 2022
G.N. 49/2023

    An Act to establish the National Children’s Commission and to provide for matters incidental thereto and connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the National Children’s Commission Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Child” means any person below the age of eighteen;

    “Commission” means the National Children’s Commission established under section 3 of this Act;

    “member” means a member of the Commission appointed under section 4 of this Act; and

    “Public Appointments Committee” means the Public Appointments Committee of the National Assembly.

PART II
THE NATIONAL CHILDREN’S COMMISSION

3.    Establishment of the National Children’s Commission

    (1) There is hereby established a Commission to be known as the National Children’s Commission (in this Act otherwise referred to as the “Commission”).

    (2) The Commission shall be a body corporate with perpetual succession and a common seal, and be capable of—

    (a)    acquiring, holding or disposing of property;

    (b)    suing and being sued in its own name; and

    (c)    doing or performing all such acts and things as a body corporate may, by law, do or perform.

24 of 2022

4.    Composition of the Commission

    (1) The Commission shall consist of—

    (a)    five members, at least two of whom shall be women, appointed by the President as follows—

        (i)    two members nominated by local non-governmental organizations engaged in child affairs;

        (ii)    one member from the private sector with demonstrated interest in, or working on, issues related to child affairs, nominated by the Malawi Confederation of Chambers of Commerce and Industry; and

        (iii)    two members nominated by umbrella religious bodies; and

    (b)    the following as ex officio members—

        (i)    the Secretary responsible for Children affairs;

        (ii)    the Secretary to the Treasury; and

        (iii)    the Executive Secretary of the Malawi Human Rights Commission.

    (2) The appointment of Members of the Commission under subsection (1) (a) shall be confirmed by the Public Appointments Committee of the National Assembly.

    (3) The Minister shall publish names of all members of the Commission, as first constituted, and every change in the membership, in the Gazette.

    (4) Notwithstanding any other provisions in this section, the Commission shall co-opt two children, a male and female, to be members of the Commission for a renewable term of one year.

    (5) Children co-opted by the Commission under subsection (4), shall not be below the age of sixteen or above the age of eighteen and shall have no voting powers.

24 of 2022

5.    Chairperson and Vice-Chairperson

    (1) The President shall appoint a Chairperson of the Commission from among the members nominated under section 4 (1) (a).

    (2) The members shall, at their first meeting, elect a Vice-Chairperson from among their number, other than an ex officio member.

24 of 2022

6.    Eligibility for nomination or appointment

    A person, other than an ex officio member, shall not be qualified for appointment or nomination as a member of the Commission if he—

    (a)    does not possess—

        (i)    a minimum educational qualification of a Bachelor’s degree from a recognized and reputable educational institution; and

        (ii)    experience and expertize in a field relevant to the functions and responsibilities of the Commission;

    (b)    is an officer, member or employee in a public institution;

    (c)    is not a citizen of Malawi; and

    (d)    would for any other reason be disqualified by law from serving as a director of a company or as a trustee.

7.    Suspension from office

    (1) The President may suspend from office a member of the Commission against whom—

    (a)    criminal proceedings have…