Some of the Recommendations from Malawi's Constitutional Review Conference

CONSTITUTIONAL TABLE 3 : FREQUENCY OF OCCURRENCE OF INPUTS / COMMENTS
PROVISION FREQ COMMENTS
WOMEN 1 THERE IS NEED TO CLEARLY STIPULATE AND GUARANTEE WOMEN'S RIGHTS
WITCHCRAFT 1 WITCHCRAFT SECTION TO BE INCLUDED : GOVERNMENT MUST RECOGNISE WITCHCRAFT AND PROVIDE A SECTION TO CRIMINALISE WITCHCRAFT TO DETER THOSE PRACTICING IT
WARD COUNSELLORS 2 WARD COUNSELLORS MUST ALSO HAVE FIXED SALARIES / HONORARIUM IN ORDER FOR THEM TO PERFORM
SEPARATION OF POWERS 4 CONSTITUTION SHOULD LIMIT MPs FROM HOLDING MINISTERIAL POSITIONS (MPs SHOULD NOT HOLD MINISTERIAL POSTS)
SECURITY OF TENURE 1 RECRUITMENT, TERMINATION AND DISMISSAL OF THE DPP, JUDGES, OMBUDSMAN MUST INVOLVE PARLIAMENT TO ENSURE INDEPENDENCY
RIGHT TO DEVELOPMENT 1 THERE IS NEED TO PUT IN MECHANISMS TO ENSURE THAT THIS RIGHT IS REALISED
1 TRADE UNIONS NEED TO BE EMPOWERED SO THAT THEY CAN CONTRIBUTE TO THE DEVELOPMENT OF THE NATION
PUBLIC SERVICES 1 RIGHT TO ACCESS PUBLIC SERVICES INCLUDING RIGHT TO APPLY FOR PUBLIC SERVICES & RULES TO BE SET FOR PUBLIC SERVICE PROVIDERS TO AVOID BIAS OR VIOLATION OF PEOPLE'S RIGHTS
PRIVATISATION 1 NO TO PRIVATISATION
PRINCIPLES OF NATIONAL POLICY 1 RIGHT TO SOCIAL SECURITY AND WELFARE TO BE INCLUDED IN SECTION 13n (ECONOMIC MANAGEMENT)
1 RIGHT TO VOCATIONAL TRAINING TO BE ADDED TO SECTION 13 f (iii) OF EDUCATION
PRESIDENCY (IMPEACHMENT) 1 NATIONAL REFERENDUM MUST BE HELD AFTER THE INDICTMENT IN PARLIAMENT
PRESIDENCY 1 AGE LIMIT FOR THE PRESIDENT SHOULD BE A MINIMUM OF 31 YEARS AND A MAXIMUM OF 65 YEARS OLD
1 AGE LIMIT FOR PRESIDENTS MUST BE THERE
1 AGE LIMIT FOR THE PRESIDENT SHOULD BE A MINIMUM OF 35 YEARS AND A MAXIMUM OF 70 YEARS OLD
2 CROSSING THE FLOOR SHOULD ALSO APPLY TO A PRESIDENT (AND VICE) WHO WINS ON ONE PARTY'S TICKET AND LEAVES THAT PARTY AFTER GETTING INTO OFFICE - FRESH ELECTIONS NEEDED
3 FORMER PRESIDENTS SHOULD NEVER COME BACK AS PRESIDENTS AND SHOULD COMPLETELY RETIRE FROM ACTIVE POLITICS
2 IMMUNITY OF PRESIDENT TO BE REMOVED SINCE IT ENCOURAGES CORRUPTION - WE DO NOT ELECT SOMEONE TO PERFORM ILLEGAL DUTIES
1 MINIMUM QUALIFICATION OF A PRESIDENT SHOULD BE MSCE
1 OFFICE OF SECOND VICE PRESIDENT SHOULD NOT BE ABOLISHED - IT HELPS TO EASE POLITICAL TENSION, ESPECIALLY WHERE THE PRESIDENT AND 1ST VICE HAVE CROSSED EACH OTHER
4 OFFICE OF SECOND VICE PRESIDENT TO BE ABOLISHED
1 STATE PRESIDENT NOT TO BE FROM THE RULING PARTY TO AVOID ABUSE OF GOVERNMENT RESOURCES
1 TERM OF OFFICE OF PRESIDENT TO BE LIMITED TO 10 YEARS COMPRISING 2 TERMS OF 5 YEARS EACH
1 THE PRESIDENT SHOULD NOT HAVE POWERS TO FIRE THE FIRST VICE PRESIDENT
1 THE SECTION SHOULD BE AMENDED TO ALLOW THE PRESIDENT THE FREEDOM TO CHOOSE, EVEN HIS FAVOURITE
1 THERE SHOULD BE NO RUNNING MATE, PARTY WITH THE HIGHEST NUMBER OF MPs IN PARLIAMENT SHOULD PROVIDE THE VICE PRESIDENT
1 VICE PRESIDENT SHOULD NOT BE ELECTED CONCURRENTLY WITH THE PRESIDENT (RUNNING MATE) BUT APPOINTED BY THE PRESIDENT AFTER THE ELECTIONS
1 VICE PRESIDENT SHOULD NOT BE HAND-PICKED FROM THE WINNING PARTY
1 WHEN THERE IS A VACANCY IN THE PRESIDENCY, THE VICE PRESIDENT MUST NOT AUTOMATICALLY BECOME PRESIDENT
LEGISLATURE (SENATE) 1 NO NEED TO HAVE THE SENATE
5 SENATE TO BE RESTORED
1 SENATE TO BE RESTORED BUT THERE IS NEED TO PROVIDE GUIDELINES AS TO WHO CAN BE IN THE SENATE
1 SENATE TO BE RESTORED CONSIDERING THE WAY OUR PARLIAMENT IS BEHAVING BUT THE MIGHT BE A COMPOSITION PROBLEM - LESSONS FROM 3RD TERM ARE THAT CHIEFS BETRAYED THEIR SUBJECTS
LEGISLATURE 1 AGE LIMIT FOR MPs MUST BE 21 YEARS UPWARDS
1 AGE LIMIT FOR MPs SHOULD BE 70
1 CONSTITUTION TO PROVIDE A LIMITED TENURE FOR MPs
1 CONSTITUTION TO PROVIDE A LIMITED TENURE FOR MPs OF 4 CONSECUTIVE TERMS
1 CONSTITUTION TO PROVIDE A LIMITED TENURE OF MPs OF 2 CONSECUTIVE TERMS
1 CONSTITUTION TO PROVIDE A LIMITED TENURE OF MPs OF 3 TERMS
1 CONSTITUTION TO PROVIDE FOR A LIMITED TENURE OF MPs 2 TERMS OF 5 YEARS EACH
1 CONSTITUTION TO PROVIDE MINIMUM QUALIFICATIONS FOR MPs
1 CONSTITUTION TO RECOGNISE INDEPENDENT MPs
1 GOVERNMENT TO ERECT OFFICES AND HOUSES FOR MPS IN THEIR RESPECTIVE CONSTITUENCIES
1 INDEPENDENT : ONE SHOULD BE AN INDEPENDENT RIGHT FROM THE BEGINNING AND NOT BY RESIGNING FROM A PARTY THAT SPONSORED HIM/HER (HE SHOULD BE RECALLED)
1 INDEPENDENT MPs SHOULD NOT JOIN ANY PARTY
1 MINIMUM QUALIFICATION OF AN MP SHOULD BE MSCE
1 MPS MUST RESIDE IN THEIR CONSTITUENCIES
1 OFFICIAL LANGUAGE IN PARLIAMENT MUST BE ENGLISH (ONLY)
1 POLITICAL PARTIES MUST BE FUNDED PROPORTIONALLY
1 PROVISION FOR CIVIL SOCIETY AND OTHER INSTITUTIONS TO COME UP WITH BILLS FOR DISCUSSION BY PARLIAMENT ON MATTERS OF NATIONAL INTEREST
1 QUORUM SHOULD BE TWO-THIRDS AS IT WAS ORIGINALLY PROVIDED FOR IN THE CONSTITUTION
1 QUOTA SYSTEM TO BE USED FOR VOTING I.E. EVERY DISTRICT SHOULD SPARE 1 CONSTITUENCY FOR WOMEN ONLY TO COMPETE FOR THE SET OF MP
7 RECALL PROVISION OF MPs SHOULD BE RESTORED
1 RECALL PROVISION OF MPs SHOULD BE RESTORED BUT THERE IS NEED FOR GUIDELINES AS IT CAN BE PRONE TO ABUSE
1 RECALL PROVISION OF MPs SHOULD BE RESTORED BUT THERE IS NEED TO RECALL FOR GROSS INCOMPETENCE AND DEFINE GROSS INCOMPETENCE.
1 THERE IS NEED FOR PROPORTIONAL REPRESENTATION IN THE HOUSE
2 THERE SHOULD BE FRESH ELECTIONS WHENEVER ANY MP CROSSES THE FLOOR AND CROSSING THE FLOOR SHOULD BE STRICTLY IMPLEMENTED
CONSTITUTIONAL
PROVISION FREQ COMMENTS
POLITICAL RIGHTS 1 GOVERNMENT SHOULD FUND ALL THE CREDIBLE POLITICAL PARTIES REGARDLESS OF THEM HAVING SECURED A PARLIAMENTARY SEAT
1 CIVIL SERVANTS SHOULD NOT ENJOY POLITICAL RIGHTS (ACTIVE PARTICIPATION IN POLITICS)
1 RIGHT OF TRADE UNIONS TO MAKE POLITICAL CHOICES AND DECISIONS
1 RIGHT OF UNIONS TO SUPPORT POLITICAL PARTIES DEMOCRATICALLY
1 THE RIGHT OF TRADE UNIONS TO BE CONSULTED AS A NATIONAL WORKERS BODY ON ALL POLITICAL MATTERS
PENALTIES FOR CRIMES 1 PENALTIES FOR SERIOUS OFFENDERS TO BE REVISITED
NATIONAL IDS 1 NATIONAL IDENTITY FOR MALAWIAN CITIZENS
LABOUR 2 CHECK OFF SYSTEM TO BE ENSHRINED IN THE CONSTITUTION
1 CONSTITUTION NEEDS TO HIGHLIGHT RECOGNITION OF INTERNATIONAL INSTRUMENTS LIKE ILO CONVENTIONS
1 FREEDOM OF ASSEMBLY : IS THIS FREEDOM REALLY RESPECTED?
1 FREEDOM OF ASSOCIATION IS GIVING RISE TO SPLINTER UNIONS AND FEDERATIONS WHICH DO NOT ACT AS UNIONS
1 TENANCY BILL SHOULD BE ENACTED TO GIVE EFFECT TO THE LABOUR RIGHTS ENSHRINED IN THE CONSTITUTION
JUDICIARY 1 APPOINTMENT OF JUDGES TO BE DONE BY A COMMITTEE AND NOT BY THE PRESIDENT
1 THE PRESIDENT SHOULD NOT FIRE JUDGES - IT MAY JEOPARDISE INDEPENDENCE
1 THE STATUS OF THE INDUSTRIAL RELATIONS COURT MUST BE ELEVATED TO THAT OF THE HIGH COURT (S.110)
1 TO PROVIDE FOR CLAUSES TO DETER EMPLOYERS FROM APPEALING IN THE HIGH COURTS AGAINST DECISIONS OF THE INDUSTRIAL RELATIONS COURT
HUMAN RIGHTS 1 BAN ON PROPAGANDA FOR WAR AND HATE : THIS SHOULD AT ALL COST BE PROHIBITED AND ANYONE FOUND SHOULD BE PUNISHED (S.17 & S.44)
1 SECTION 19 ON THE DIGNITY OF ALL PERSONS SHOULD INCLUDE THE PROTECTION OF HONOUR AND REPUTATION
HOMOSEXUALITY 1 SHOULD NEVER BE ALLOWED IN MALAWI
FREEDOM OF WORSHIP 1 FREEDOM OF WORSHIP TO BE CHECKED
FREEDOM OF DRESSING 1 FREEDOM OF DRESSING, MORE ESPECIALLY ON WOMEN MUST HAVE LIMITATIONS
FREEDOM OF DRESS 1 DECENT DRESSING ONLY, NO REVEALING CLOTHES TO BE WORN
EXECUTIVE POWERS 1 APPOINTMENT OF THE ATTORNEY GENERAL MUST BE DONE IN CONSULTATION WITH THE JUDICIAL SERVICE COMMISSION
1 DPP IS APPOINTED THROUGH PARLIAMENT BUT FIRED BY THE PRESIDENT. WHY THE PAC COME AFTER SOMEONE HAS ALREADY STARTED WORK?
1 PARLIAMENT SHOULD ADVERTISE THE POSTS OF THE DIRECTOR OF ACB AND DPP AS IS THE CASE WITH THE OMBUDSMAN
1 PRESIDENT NOT TO HAVE POWERS TO APPOINT THE DIRECTOR OF PUBLIC PROSECUTIONS, THE INSPECTOR GENERAL & THE ARMY COMMANDER
1 PRESIDENT SHOULD BE ABLE TO HIRE AND FIRE PRINCIPAL OFFICERS IN GOVERNMENT WITHOUT TYING HIS HANDS UNNECESSARILY AND IF THE PRESIDENT ACTS UNCONSTITUTIONALLY, HE SHOULD BE REMOVED
1 PRESIDENT SHOULD NOT APPOINT COMMISSIONS OF ENQUIRY BECAUSE OFTENTIMES HE IS AN INTERESTED PARTY
EQUALITY 1 CONSIDERATION SHOULD BE MADE TO HAVE A SEPARATE ACT ON DISCRIMINATION (ANTI-DISCRIMINATION ACT)
1 NEED TO INCLUDE PROHIBITION (AND ERADICATION) OF ALL FORMS OF SOCIAL INJUSTICE AND INEQUALITY
1 NEED TO COVER HIV/AIDS AS ONE OF THE GROUNDS FOR DISCRIMINATION
ELECTIONS 1 APPOINTMENT OF CHAIRPERSON OF THE ELECTORAL COMMISSION TO BE DONE BY A COMMITTEE AND NOT BY THE PRESIDENT
1 APPOINTMENT OF CHAIRPERSON AND COMMISSIONERS CAN BE APPOINTED BY THE PRESIDENT BUT SUBJECT TO CONFIRMATION BY PARLIAMENT
2 APPOINTMENT OF ELECTORAL COMMISSIONERS NOT TO BE DONE BY THE PRESIDENT
1 ELECTORAL COMMISSION TO BE COMPOSED OF INTERESTED PERSONS WHO HAVE APPLIED AND NOT APPOINTED
1 ELECTORAL COMMISSIONERS SHOULD NOT BE ACTIVELY INVOLVED IN POLITICS
1 MEMBERS TO APPLY FOR VACANCIES AND PARLIAMENT TO INTERVIEW CANDIDATES
1 POLLING : PRESIDENT MUST BE SWORN IN 1 MONTH AFTER POLLING DAY
1 POLLING : PRESIDENT TO TAKE OATH 30 DAYS AFTER THE RESULTS HAVE BEEN RELEASED TO ALLOW PEOPLES VOICES
1 POLLING : THERE IS NEED FOR A REASONABLE PERIOD BETWEEN ANNOUNCEMENT OF RESULTS AND SWEARING IN OF THE PRESIDENT TO GIVE AMPLE TIME TO ADDRESS QUERIES
1 RESULTS MUST BE ANNOUNCED 3 DAYS AFTER POLLING DAY
1 THE COMMISSION SHOULD BE AN INDEPENDENT BODY
1 THE ELECTORAL COMMISSION SHOULD NOT BE CHAIRED BY A JUDGE
1 THERE IS NEED FOR LABOUR TO BE REPRESENTED ON THE ELECTORAL COMMISSION
1 THERE IS NEED TO HAVE A SIMPLE MAJORITY AS IT WOULD BE COSTLY TO HAVE A RE-RUN
1 THERE IS NEED TO PROVIDE FOR A 50+ MAJORITY VOTERS TO ELECT A PRESIDENT ( A RERUN TO BE CONDUCTED IF NEED BE)
1 VOTING AGE TO BE REDUCED FROM 18 YEARS TO 16 YEARS
1 WHY CAN'T THE CONSTITUTION BE AMENDED TO ALLOW ASSOCIATIONS LIKE TRADE UNIONS ALSO TO FIELD CONTESTANTS?
1 WHY CAN'T THE JUDICIAL COMMISSION NOT BE GIVEN POWERS TO REMOVE AN INCOMPETENT CHAIRPERSON ?
EDUCATION 1 CONSTITUTION TO PUT UP MEASURES TO ENFORCE THE RIGHT TO EDUCATION
1 PRIMARY EDUCATION SHOULD STOP BEING FREE, PUPILS MUST START PAYING FEES FOR A BETTER QUALITY EDUCATION
4 PRIMARY SCHOOL MUST BE COMPULSORY
1 PRIMARY SCHOOL SHOULD CONSIST OF AT LEAST 7 YEARS AND NOT 5 YEARS AS IS NOW IN THE CONSTITUTION
1 PROVISION FOR A SET OF CONDITIONS FOR ESTABLISHMENT OF PRIVATE SCHOOLS (ISSUES OF QUALIFICATION OF STAFF IN THESE SCHOOLS)
2 STIFF PENALTIES TO BE GIVEN TO PARENTS DISCOURAGING THEIR CHILDREN FROM GOING TO SCHOOL
ECONOMIC RIGHT 1 HOW CAN RIGHT TO ECONOMIC ACTIVITY BE ACTUALLY REALISED?
1 ALL PROFESSIONALS TO CARRY OUT ECONOMIC ACTIVITIES FREELY IN THE COUNTRY (S.24 OF THE LE&PA TO BE REPEALED)
ECONOMIC & SOCIAL RIGHTS 1 ECONOMIC AND SOCIAL RIGHTS - THIS RIGHT TO BE ENFORCEABLE FOR EVERY INDIVIDUAL
CONSTITUTIONAL
PROVISION FREQ COMMENTS
DETENTION / ARRESTS 1 ISSUES OF BAIL TO BE REVISITED : BAIL TO BE GIVEN ONLY TO THOSE WITH MINOR OFFENCES
1 NO BAIL TO BE GIVEN BECAUSE OF SICKNESS
1 NO BAIL TO CAPITAL OFFENDERS
2 THE 48-HOUR RULE REGARDING BAIL TO BE REVISITED IN VIEW OF INCREASED SITUATION OF CRIME AND ALSO TO TAKE INTO CONSIDERATION THE RIGHTS OF VICTIMS
DECLARATION OF ASSETS 1 MUST BE DONE AT THE BEGINNING AND END OF THEIR TERMS IN OFFICE
1 THE CURRENT LAW ON DECLARATION OF ASSETS IS NOT ASSERTIVE ENOUGH
DECEASED ESTATES 1 DECEASED ESTATES SHOULD BE SHARED EQUALLY BECAUSE THE HUSBAND SIDE SUFFERS A LOT
1 ISSUES OF DIVISION OF PROPERTY AND CUSTODY OF CHILDREN NEEDS TO BE CLARIFIED AS THERE ARE A LOT OF MISCONCEPTIONS/MISUNDERSTANDINGS
DEATH PENALTY 1 PRESIDENTIAL CONSENT TO BE REMOVED
1 RIGHT TO LIFE SHOULD BE RESPECTED AND THEREFORE DEATH PENALTY SHOULD BE ABOLISHED AND SUBSTITUTED WITH LIFE IMPRISONMENT
1 RIGHT TO LIFE SHOULD BE RESPECTED AND THEREFORE DEATH PENALTY SHOULD BE ABOLISHED.
1 RIGHT TO LIFE SHOULD BE RESPECTED AND THEREFORE DEATH PENALTY SHOULD BE ABOLISHED. THOSE INVOLVED IN KILLING OTHERS SHOULD BE JAILED FOR LIFE OR PUNISHED SEVERELY
1 SHOULD BE MAINTAINED
CONSTITUTIONAL WATCHDOG 1 COMMITTEE TO MONITOR IMPLEMENTATION OF THE CONSTITUTION
CONSTITUTIONAL BODIES 1 BODIES LIKE MHRC, EC, NCT NEED TO HAVE LABOUR REPRESENTED
1 MEMBERSHIP OF SUCH BODIES NEEDS TO BE BY DEMOCRATIC ELECTION FROM WHERE THE PERSON IS REPRESENTING AND NOT BY APPOINTMENT
1 NCT NEEDS TO BE ADEQUATELY COMPENSATED OTHERWISE THE HIGH COURT SHOULD TAKE OVER ALL THE CASES IT IS HANDLING
CLARITY OF THE CONSTITUTION 1 CLARITY OF THE CONSTITUTION : THE CONSTITUTION SHOULD BE IN A SIMPLE AND CONSUMABLE FORM TO ALLOW PEOPLE TO UNDERSTAND, DEFEND AND PROTECT IT
CHILDREN'S PARLIAMENT 1 CONSTITUTION TO RECOGNISE CHILDREN'S PARLIAMENT AND GOVERNMENT TO BE MANDATED TO ACT UPON ITS DELIBERATIONS
CHILD RIGHTS 1 ANYONE UNDER THE AGE OF 21 SHOULD BE REGARDED AS A CHILD
1 ANYONE UNDER THE AGE OF 18 SHOULD BE REGARDED AS A CHILD
1 CHILDREN TO BE PROTECTED FROM CULTURAL PRACTICES THAT INFRINGE ON THEIR RIGHTS
1 CHILDREN TO BE PROTECTED FROM EARLY MARRIAGES
1 CHILDREN TO BE PROTECTED FROM PROSTITUTION
1 CHILDREN UNDER 21 SHOULD NOT BE ENCOURAGED TO MARRY OR BE MARRIED AND NOT 15 AS IN THE CONSTITUTION
1 JUVENILE OFFENDERS TO BE FORCED TO CONTINUE WITH THEIR EDUCATION
1 MEASURES TO BE PUT IN PLACE TO ENFORCE CHILDREN'S RIGHTS AND NATIONALITY
1 PROTECTION OF A CHILD NOT TO BE LIMITED TO ECONOMIC EXPLOITATION
ANTI CORRUPTION BUREAU 1 THE REQUIREMENT IN THE CPA COMPELLING THE ACB TO SEEK CONSENT FROM THE DPP GROSSLY UNDERMINES THE INDEPENDENCE OF THE OFFICE

ACRONYMS USED
MHRC - MALAWI HUMAN RIGHTS COMMISSION CPA - CORRUPT PRACTICES ACT
NCT - NATIONAL COMPENSATION TRIBUNAL LE&PA - LEGAL EDUCATION AND PRACTITIONERS ACT
ACB - ANTI-CORRUPTION BUREAU DPP - DIRECTOR OF PUBLIC PROSECUTIONS
VP - VICE PRESIDENT
ACB - ANTI-CORRUPTION BUREAU DPP - DIRECTOR OF PUBLIC PROSECUTIONS
VP - VICE PRESIDENT