Malawi 1994 Constitution (reviewed 2017)

Table of Contents



HEREBY adopt the following as the Constitution of the Republic of Malawi.


1. Malawi a sovereign state

The Republic of Malawi is a sovereign State with rights and obligations under the Law of Nations.

2. The national flag, etc

Malawi shall have a National Flag, a National Coat of Arms, a National Anthem and a Public Seal.

3. The national territory

The national territory of the Republic of Malawi shall consist of all the territory, including airspace, waters and islands which comprised the territory of Malawi before the commencement of this Constitution, and shall include any territory lawfully acquired thereafter by adjustment of boundaries or otherwise.

4. Protection of the people of Malawi under this constitution

This Constitution shall bind all executive, legislative and judicial organs of the State at all levels of Government and all the peoples of Malawi are entitled to the equal protection of this Constitution, and laws made under it.

5. Supremacy of this Constitution

Any act of Government or any law that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid.

6. Authority to govern, universal and equal suffrage

Save as otherwise provided in this Constitution, the authority to govern derives from the people of Malawi as expressed through universal and equal suffrage in elections held in accordance with this Constitution in a manner prescribed by an Act of Parliament.

7. The separate status, function and duty of the executive

The executive shall be responsible for the initiation of policies and legislation and for the implementation of all laws which embody the express wishes of the people of Malawi and which promote the principles of this Constitution.

8. The separate status, function and duty of the legislature

The legislature shall be responsible for the enactment of laws and shall ensure that its deliberations reflect the interests of all the people of Malawi and that the values expressed or implied in this Constitution are furthered by the laws enacted.

9. The separate status, function and duty of the judiciary

The judiciary shall have the responsibility of interpreting, protecting and enforcing this Constitution and all laws and in accordance with this Constitution in an independent and impartial manner with regard only to legally relevant facts and the prescriptions of law.