Law Commission Act
- Commenced on 3 July 1998
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Law Commission Act.
2. InterpretationIn this Act, unless the context otherwise requires—“Commission” means the Law Commission established under Chapter XII of the Constitution;“Law Commissioner” means the officer designated and appointed as such under section 133 of the Constitution;“matter” in relation to the work of the Commission, means a matter within the competence of the Commission under the Constitution or this Act;“programme” means a programme of the work of the Commission prepared and published under section 7 (a);“report” means a report of the findings and recommendations of the Commission required by section 135 (d) of the Constitution to be submitted to the Minister and to be published and laid in Parliament by him.
Part II – Staff of the Commission
3. The Law CommissionerThe Law Commissioner shall be paid such salary and allowances and shall be entitled to such benefits as Parliament shall determine.
4. Other staff of the Commission
5. Other members of the CommissionMembers of the Commission, other than the Law Commissioner, appointed under section 133 (1) (b) of the Constitution shall receive such remuneration as Parliament shall specially or generally approve on the recommendation of the Commission, but such members shall not, by reason only of their appointment as such, be deemed to be officers in the public service.
Part III – Functions of the Commission
6. FunctionsThe functions of the Commission, in addition to those conferred by the Constitution, shall be—
8. PowersThe Commission shall have powers to—
Part IV – Reports of the Commission
9. Publication of reportsThe Minister shall publish any report he has received from the Commission in the Gazette or in such other manner as he shall determine with the advice of the Commission and shall do so within sixty days of the date of the report.
10. Laying of reports in ParliamentThe Minister shall lay any report of the Commission in Parliament during the next fourteen sitting days of Parliament after publication of the report.
11. Reference of reports to other MinistersWhere a report submitted to the Minister contains a recommendation relating to a law the administration of which is assigned to another Minister, the Minister shall make available for the consideration of such other Minister a copy of the report or of the relevant extract of the report, inviting comments, if any, from that other Minister.
12. Promulgation of draft legislation recommended by the Commission
13. Comments by Cabinet, etc.The Commission shall receive any comments, opinions and views made by Cabinet on any draft of principal legislation or made by the responsible Minister or other authority on any draft of subsidiary legislation contained in its reports and shall reconsider its report and draft legislation taking due and reasonable account of such comments, opinions and views and may make new findings and recommendations in response thereto and submit further reports to the Minister.
Part V – Financial provisions
14. Funding of the Commission
15. Accounting and auditingThe Commission shall be liable to account to Parliament for its funds in the manner applicable to Government departments, and the accounts of the Commission shall be liable to audit by the Auditor General.
Part VI – Miscellaneous
16. RegulationsThe Minister may, on the advice of the Commission, make regulations for the better carrying out of the provisions of this Act.
History of this document
03 July 1998