Constitution of the Republic of Malawi 1994, as amended to 2020
National Human Rights Bodies
  • English
    1. The human rights and freedoms enshrined in this Chapter7 shall be respected and upheld by the executive, legislature, judiciary and all organs of the Government and its agencies and, where applicable to them, by all natural and legal persons in Malawi and shall be enforceable in the manner prescribed in this Chapter.
    2. Any person or group of persons, natural or legal, with sufficient interest in the promotion, protection and enforcement of rights under this Chapter shall be entitled to the assistance of the courts, the Ombudsman, the Human Rights Commission and other organs of the Government to ensure the promotion, protection and enforcement of those rights and the redress of any grievances in respect of those rights. (Sec. 15)
National Human Rights Bodies
  • English
    ...
    2. Any person who claims that a right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled—

    b. to make application to the Ombudsman or the Human Rights Commission in order to secure such assistance or advice as he or she may reasonably require.
    … (Sec. 46)
National Human Rights Bodies
  • English
    1. The office of the Ombudsman may investigate any and all cases where it is alleged that a person has suffered injustice and it does not appear that there is any remedy reasonably available by way of proceedings in a court or by way of appeal from a court or where there is no other practicable remedy.
    2. Notwithstanding subsection (1), the powers of the office of the Ombudsman under this section shall not oust the jurisdiction of the courts and the decisions and exercise of powers by the Ombudsman shall be reviewable by the High Court on the application of any person with sufficient interest in a case the Ombudsman has determined. (Sec. 123)
National Human Rights Bodies
  • English
    There shall be a Human Rights Commission the primary functions of which shall be the protection and investigation of violations of the rights accorded by this Constitution or any other law. (Sec. 129)
National Human Rights Bodies
  • English
    The Human Rights Commission shall, with respect to the applications of an individual or class of persons, or on its own motion, have such powers of investigation and recommendation as are reasonably necessary for the effective promotion of the rights conferred by or under this Constitution, or any other written law but shall not exercise a judicial or legislative function and shall not be given powers so to do. (Sec. 130)
Links to all sites last visited 8 November 2023
2
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
3
Chapter IV on Human Rights.
4
Chapter IV on Human Rights.
5
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
6
Chapter IV on Human Rights.
7
Chapter IV on Human Rights.
8
Chapter IV on Human Rights.
9
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
10
Chapter IV on Human Rights.