Skip to Main Content
Go to ILO main website
Français
Español
 
 
 
Home
MWI-1994-C-40069
Breadcrumb
Title_of_text
Republic of Malawi (Constitution) Act, 1994 (No. 20 of 1994)
Main Region
First Region
Country(ies)
Malawi
Subjects (Classification)
Constitutional law
Adopted on (Date of text)
1994-05-16
Scope of text
National
Type of legislation (Type of text)
Constitution
Second Region
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 region
Amending text(s)
1995-05-17 (MWI-1995-C-41692)
Constitution (Amendment) Act, 1995 (Act No. 6 of 1995).
Amending text(s)
1995-05-17 (MWI-1995-C-41693)
Republic of Malawi (Constitution) Bill, 1995 (Act No. 7 of 1995).
Amending text(s)
1994-11-11 (MWI-1994-C-44020)
Republic of Malawi (Constitution) (Amendment) Act, 1994 (No. 31 of 1994).
Amending text(s)
1995-05-17 (MWI-1995-C-44022)
Constitution (Amendment) Act, 1995 (No. 6 of 1995).
Amending text(s)
1997-02-11 (MWI-1997-C-46413)
Constitution (Amendment) (No. 2) Act, 1995.
Amending text(s)
1994-05-18 (MWI-1994-C-56768)
Constitutional Amendment, 1999 (Act No. 11).
Electronic region
Electronic source title
Constitution on-line
Author
Centre for Human Rights
Publisher
University of Pretoria
Country
South Africa
URL
http://www.chr.up.ac.za
File
MWI40069.pdf (PDF)
Monograph region
Monograph title
Constitutions of the Countries of the World
Author
Oceana New York
Publisher
Oxford University Press
Place of publication
Dobbs Ferry, New York
Country
United States of America
Date
2014-02
Edition
amended to 2010
Page range
98 pp.
Serial region
Serial title
Malawi Gazette, Supplement
Date
1994-05-16
Number
No. 3C
Page range
pp. 1-96