Constitution of the Republic of Malawi 1994, as amended to 2020
Customary Law
  • English
    1. In the interpretation of all laws and in the resolution of political disputes the provisions of this Constitution shall be regarded as the supreme arbiter and ultimate source of authority.
    2. In the application and formulation of any Act of Parliament and in the application and development of the common law and customary law, the relevant organs of State shall have due regard to the principles and provisions of this Constitution. (Sec. 10)
Customary Law
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    3. All men and women have the right to marry and found a family.
    4. No person shall be forced to enter into marriage.
    5. Subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation.
    … (Sec. 22)
Customary Law
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    2. Any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as—
    a. sexual abuse, harassment and violence;
    b. discrimination in work, business and public affairs; and
    c. deprivation of property, including property obtained by inheritance. (Sec. 24)
Customary Law
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    3. Parliament may make provision for traditional or local courts presided over by lay persons or chiefs:
    Provided that the jurisdiction of such courts shall be limited exclusively to civil cases at customary law and such minor common law and statutory offences as prescribed by an Act of Parliament.
    4. Appeals from subordinate courts shall lie to the High Court, unless provided in this Constitution or by an Act of Parliament. (Sec. 110)
Customary Law
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    Except in so far as they are inconsistent with this Constitution, all Acts of Parliament, common law and customary law in force on the appointed day shall continue to have force of law, as if they had been made in accordance with and in pursuance of this Constitution:
    Provided that any laws currently in force may be amended or repealed by an Act of Parliament or be declared unconstitutional by a competent court. (Sec. 200)
Links to all sites last visited 8 November 2023
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.