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Malawi (102) > General provisions (41)

Name: Republic of Malawi (Constitution) Act, 1994 (No. 20 of 1994)
Country: Malawi
Subject(s): Constitutional law
Type of legislation: Constitution
Adopted on: 1994-05-16
Entry into force:
Published on: Malawi Gazette, Supplement, 1994-05-16, No. 3C, pp. 1-96
ISN: MWI-1994-C-40069
Bibliography: Malawi Gazette, Supplement, 1994-05-16, No. 3C, pp. 1-96
Constitutions of the Countries of the World, 2014-02, Oceana New York, Oxford University Press, Dobbs Ferry, New York, USA, amended to 2010, 98 pp.
Constitution on-line Constitution on-line Centre for Human Rights, University of Pretoria, South Africa PDF PDF (consulted on 2011-05-05)
Abstract/Citation: Consists of 23 Chapters and 214 sections. Chapter II provides for application and interpretation and Chapter III concerns fundamental principles (section 12 sets forth the fundamental constitutional principles and states: "All legal and political authority of the state derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests."). Chapter VI deals with human rights. The Constitution seeks to enshrine not only the principle of equality in general terms, but is quite specific in mandating gender equality (section 13) and prohibiting discrimination (section 20). Section 24 elaborates the rights of women, and section 30 provides for the right to development. The means of enforcement of these rights are not specified other than in the general provisions of section 46 which make reference to the Ombudsman and Human Rights Commission. Section 31 states that "every person shall have the right to fair and safe labour practices and to fair remuneration" but it does not refer to a right to strike. The right to freedom of association, which includes the right to form associations is affirmed in section 32 and the right is extended and clarified in section 40 to include, inter alia, the right to form, to join, to participate in the activities of, and to recruit members for a political party and to campaign for a political Party. Chapter X provides for an Ombudsman. Chapters XI and XII concerns the Human Rights Commission and the Law Commission, and Chapter XX provides for the civil service.
Amending text(s):

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