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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Political Rights and Association
- English
1. All persons shall be eligible to vote in any general election, by-election, presidential election, local government election or referendum, subject only to this section.
2. Subject to subsection (3), a person shall be qualified to be registered as a voter in a constituency if, and shall not be so qualified unless, at the date of the application for registration that person—
a. is a citizen of Malawi or, if not a citizen, has been ordinarily resident in Malawi for seven years;
b. has attained the age of eighteen years or provides proof that on or before the polling day he or she shall have attained the age of eighteen years; and
c. is ordinarily resident in that constituency or was born there or is employed or carries on business there.
… (Sec. 77)
Political Rights and Association
- English1. Subject to this Constitution, every person shall have the right—
a. to form, to join, to participate in the activities of, and to recruit members for, a political party;
b. to campaign for a political party or cause;
c. to participate in peaceful political activity intended to influence the composition and policies of the Government; and
d. freely to make political choices.
…
3. Save as otherwise provided in this Constitution, every person shall have the right to vote, to do so in secret and to stand for election for any elective office. (Sec. 40)
Political Rights and Association
- English1. Every person shall have the right to freedom of association, which shall include the freedom to form associations.
… (Sec. 32)
Political Parties
- English1. Subject to this Constitution, every person shall have the right—
a. to form, to join, to participate in the activities of, and to recruit members for, a political party;
b. to campaign for a political party or cause;
…
2. The State shall, provide funds so as to ensure that, during the life of any Parliament, any political party which has secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency.
… (Sec. 40)
Electoral Bodies
- English1. The Electoral Commission shall exercise such functions in relation to elections as are conferred upon it by this Constitution or by an Act of Parliament.
2. The duties and functions of the Electoral Commission shall include—
a. to determine constituency boundaries impartially on the oasis of ensuring that constituencies contain approximately equal numbers of voters eligible to register, subject only to considerations of—
i. population density;
ii. ease of communication; and
iii. geographical features and existing administrative areas;
b. to review existing constituency boundaries at intervals of not more than five years and alter them in accordance with the principles laid down in subsection (2) (a);
c. to determine electoral petitions and complaints related to the conduct of any elections;
d. to ensure compliance with the provisions of this Constitution and any Act of Parliament; and
e. to perform such other functions as may be prescribed by this Constitution or an Act of Parliament.
… (Sec. 76)
Head of State
- English1. The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall, as Head of State, defend and uphold the Constitution as the supreme law of the Republic.
… (Sec. 88)
Head of State
- English
...
2. The President shall be elected by a majority of more than fifty percent of the valid votes cast through direct, universal and equal suffrage and, where such majority is not obtained by any candidate in the first poll, a second poll shall be held within thirty days after the declaration of the result in which the candidates who obtained the highest and second highest number of valid votes cast in the first poll shall be the only candidates.
…
6. Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-President if that person—
a. is a citizen of Malawi by birth or descent; and
b. has attained the age of thirty-five years.
… (Sec. 80)
Head of State
- EnglishThere shall be a President of the Republic who shall be Head of State and Government and the Commander-in-Chief of the Defence Force of Malawi. (Sec. 78)
Vice-President
- EnglishThere shall be a First Vice-President and, subject to section 80 (5), a Second Vice-President both of whom shall assist the President and who shall exercise the powers and functions conferred on the First Vice-President or the Second Vice-President, as the case may be, by this Constitution or by any Act of Parliament and by the President. (Sec. 79)
Vice-President
- English...
3. Every presidential candidate shall declare who shall be his or her First Vice-President if he or she is elected at the time of his or her nomination.
4. The First Vice-President shall be elected concurrently with the President and the name of a candidate for the First Vice-President shall appear on the same ballot paper as the name of the Presidential candidate who nominated him.
5. Where the President considers it desirable in the national interest so to do, he or she may appoint a person to the office of Second Vice-President and may do so upon taking his or her oath of office or at any time thereafter or upon a vacancy in the office of Second Vice-President; …
6. Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-President if that person—
a. is a citizen of Malawi by birth or descent; and
b. has attained the age of thirty-five years.
… (Sec. 80)