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Title_of_text

Republic of Malawi (Constitution) Act, 1994 (No. 20 of 1994)

Main Region

First Region

Malawi
Constitutional law
1994-05-16
National
Constitution

Second Region

Consists of 23 Chapters and 214 sections. Chapter II provides for application and interpretation and Chapter III concerns fundamental principles (section 12 sets forth the fundamental constitutional principles and states: "All legal and political authority of the state derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests."). Chapter VI deals with human rights. The Constitution seeks to enshrine not only the principle of equality in general terms, but is quite specific in mandating gender equality (section 13) and prohibiting discrimination (section 20). Section 24 elaborates the rights of women, and section 30 provides for the right to development. The means of enforcement of these rights are not specified other than in the general provisions of section 46 which make reference to the Ombudsman and Human Rights Commission. Section 31 states that "every person shall have the right to fair and safe labour practices and to fair remuneration" but it does not refer to a right to strike. The right to freedom of association, which includes the right to form associations is affirmed in section 32 and the right is extended and clarified in section 40 to include, inter alia, the right to form, to join, to participate in the activities of, and to recruit members for a political party and to campaign for a political Party. Chapter X provides for an Ombudsman. Chapters XI and XII concerns the Human Rights Commission and the Law Commission, and Chapter XX provides for the civil service.

Amending Text region

Electronic region

Monograph region

    Monograph title
    Constitutions of the Countries of the World
    Author
    Oceana New York
    Publisher
    Oxford University Press
    Place of publication
    Dobbs Ferry, New York
    Country
    United States of America
    Date
    2014-02
    Edition
    amended to 2010
    Page range
    98 pp.

Serial region

    Serial title
    Malawi Gazette, Supplement
    Date
    1994-05-16
    Number
    No. 3C
    Page range
    pp. 1-96