Constitution of the Republic of Malawi 1994, as amended to 2020
Property, Inheritance and Land Tenure
  • English
    The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals—
    a. Gender Equality
    To obtain gender equality through—

    iii. the implementation of policies to address social issues such as domestic violence, security of the person, lack of maternity benefits, economic exploitation and rights to property.
    … (Sec. 13)
Property, Inheritance and Land Tenure
  • English
    1. Women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status which includes the right—
    a. to be accorded the same rights as men in civil law, including equal capacity—

    ii. to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;

    b. on the dissolution of marriage, howsoever entered into—
    i. to a fair disposition of property that is held jointly with a husband;

    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—

    c. deprivation of property, including property obtained by inheritance. (Sec. 24)
Property, Inheritance and Land Tenure
  • English
    1. Every person shall be able to acquire property alone or in association with others.
    … (Sec. 28)
Property, Inheritance and Land Tenure
  • English
    1. All persons who have rights in property at the date of the commencement of this Constitution shall continue to have such rights under this Constitution and any other law.
    … (Sec. 209)
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.