Malawi is a landlocked country located in East Africa and it is bordered with Tanzania, Zambia, and Mozambique, it also borders along Lake Malawi, which makes up large parts of its borders with Tanzania and Mozambique. The capital city Lilongwe is located near to the centre of the country.
In the earliest times the area that is today Malawi contained few hunter-gatherers before Bantu migrants came to the area from the North during the 10th Century, many of these peoples would continue on South past what is now Malawi, but some of them decided to settle instead, and various ethnic groups and in-turn tribes formed in the area from them.
A number of these tribes would eventually found the Kingdom of Maravi by 1500 AD, stretching from the North of modern-day Nkhotakota to the Zambezi River and from Lake Malawi to the Luangwa River which today is located in Zambia. the early 1600s saw the area mostly united under one native ruler, and it is during this time the tribesman first encountered Europeans, who were the Portuguese both traders and members of military, who the tribes traded with and made alliances with.
The 1700s saw what was a united land breakup into areas controlled by numerous individual ethnic groups. Slave trading via the Indian Ocean also reached its zenith by the middle of the 1800s, with 20k per year being taken from within what is today Malawi. David Livingstone, a missionary and explorer, came to Lake Nyasa (Lake Malawi) in 1859 and identified the Shire Highlands in what is today Malawi as an area suitable for European settlement.
This led to several missions being established in the area in the 1860s and 1870s and the African Lakes Company Limited was created in 1878 taking concern with the setup of trade and transport working closely with the missions, a small mission and trading settlement would be setup in 1876 at Blantyre and a British Consul would reside there from 1883. The Portuguese were also interested in settling the area and so the British sought to prevent their occupation via making treaties with local rulers which were beyond Portuguese jurisdiction.
In 1889 the British declared a Protectorate over the Shire Highlands, and extended it in 1891 to include all of present-day Malawi, calling it the British Central Africa Protectorate and a British colonial government was formed. Later in 1907 the Protectorate was renamed to Nyasaland.
The scant budget of this colonial government only allowed it to employ a measly few who had to patrol a vast land of at the time 1-2 million people.
Opposition against British colonial rule would begin to build over time and led to the founding of the Nyasaland African Congress in 1944 to promote the interests of the local African population to the British Government. Spurred by political ambition, the British linked Nyasaland with its Northern and Southern Rhodesia colonies in 1953, creating the Federation of Rhodesia and Nyasaland, also known as the Central African Federation.
The Federation was semi-independent but still spurred nationalist anger within Nyasaland and led to the Nyasaland African Congress gaining popular support. One of the most influential figures of this opposition was Hastings Banda, a doctor trained in Europe who worked in Ghana, he was persuaded to return to Nyasaland to promote the nationalist cause in 1958. Banda would be elected President of the Nyasaland African Congress and worked on forming nationalist sentiment, doing a good enough job to be arrested and jailed by British colonial authorities in 1959.
Strong nationalist sentiment continued nonetheless, and when Banda was released in 1960 he helped draft a constitution for Nyasaland which contained a clause that guaranteed an African majority on the colony’s Legislative Council, leading to Banda’s Malawi Congress Party gaining a majority on the Legislative Council in 1961, and Banda became the country’s first and only Prime Minister in 1963, and on that same year the Central African Federation was dissolved, and the following year Nyasaland gained independence and renamed itself Malawi, although remained a part of the Commonwealth Realm with the British Monarch as Head of State.
But a new constitution would be adopted that made Malawi a Republic and removed the country from the Commonwealth Realm, the position of Prime Minister was abolished and Banda became the country’s first President. But the new constitutuon also made Malawi into a one-party state under the Malawi Congress Party and in 1971 Banda declared himself President-for-life – the country becoming a, full totalitarian regime. This would last for almost three decades, with opposition parties being founded in exile.
Despite the country being landlocked, embroiled in poverty, being heavily populated, and deficient in mineral resources, Banda still utilized agriculture and industrial development to improve the economy and keep it stable, and a business empire was created in the country that produced a large chunk of its GDP.
But the pressures of those who wanted more political freedom soon caught up with Banda, who agreed to a referendum in 1993, where the people voted for multi-party democracy. This led to the formation of a Presidential Council and the abolishment of the Presidency-for-life, and a new constitutuon was adopted that effectively ended the total domination of the Malawi Congress Party. Banda was defeated in the 1994 elections ending his decades long rule, he was replaced by Bakili Muluzi, former Secretary General of the Malawi Congress Party and a former Minister a part of Banda’s Cabinet.
Bingu wa Mutharika was elected in 2004 and led the country once again down a path towards autocracy, and protests against his rule in 2011 led to at least 18 dead and 44 injured from gunshots. Mutharika died of a heart attack in 2012. Elections in 2014 elected Peter Mutharika, brother of the now deceased President. In 2020 the Malawi Constitutuional Court overturned the results of the 2019 election, that saw Mutharika narrowly re-elected, due to voting irregularities and widespread fruad, Mutharika would be beat out by the opposition in the 2020 election.
It is hoped that the country can maintain its fragile democracy, the events of 2020 do give hope on this.
Malawi’s official languages are English and Chewa (the largest Bantu language of Malawi) and it also has many recognised Bantu languages such as Yao, Tumbuka, Tonga, Sena, Lomwe, Ngonde, and Lambya. There are many ethnic groups as well, with the largest being the Chewa, followed by the Lomwe, Yao, Ngoni, Tumbuka, Sena and others.
The largest religion is Protestant Christianity, with significant numbers of Catholics and Islamists also living in the country. The country’s official currency is the Malawian kwacha. Its population is coming up on 19,834,000.
Government Type
Malawi is a Presidential Representative Democratic Republic where the President is both the Head of State and Head of Government, assisted by at least one or two Vice-Presidents. As it stands the legislative government is made up of a unicameral legislature called the National Assembly. The constition did allow for their to be an upper chamber called the Senate but the National Assembly repealed it.
Malawi allows multi-party democracy and there are a number of active parties that hold seats within the National Assembly including a healthy opposition, there are also many Independents on both sides of the aisle.
The Executive Government
The executive is responsible for the initiation of policies and legislation and implementation of laws which embody the express wishes of the people of Malawi and which promote the principles of the Constitution.
The President is both the Head of State and Head of Governent and so is the main leader of the executive branch of Government, and represents the country abroad in its international affairs and diplomatic efforts. The President is also the Commander-in-Chief of the country’s Defence Forces.
The President is assisted in his duties and responsibilities by at least one or two Vice-Presidents, the President may confer powers to the Vice-Presidents if and when needed and as guided by the Constitution. Acts of Parliament may also confer powers to the Vice-Presidents as guided by the Constitution.
The President chooses a Vice-President as a running mate during a Presidential Election. If the President considers it desirable in the national interest to do so, he or she may appoint a Second Vice-President at any time during the President’s term.
Presidential Duties and Responsibilities
The President is responsible for the observance of the provisions of the Constitution by the executive, and as Head of State must defend and uphold the Constitution as the supreme law of the Republic.
The President assents to and promulgates Bills duly passed by the National Assembly.
The President convenes and presides over the Cabinet, the highest decision-making body of the executive Government.
The President makes appointments to offices as may be necessary in accordance with powers conferred upon him/her by the Constitution or an Act of Parliament.
The President appoints, accredits, and receives ambassadors, high commissioners, plenipotentiaries, diplomatic representatives, as well as other diplomatic officers, consuls and consular officers. The President negotiates, signs, enters into, and accedes to international agreements or delegate such power to ministers, ambassadors, and high commissioners.
The President appoints the Director of Public Prosecutions and confirmed by the Public Appointments Committee for a 5-year term and they may be re-appointed. The President can remove them for incompetence, compromised in their duties to the extent they are not considered impartial enough, is incapicitated, or has attained the age prescribed for retirement.
The President appoints the Chief Justice who is confirmed by a two-thirds majority vote of the National Assembly.
All other judges are appointed by the President on the recommendation of the Judicial Service Commission.
The Judicial Service Commission consists of the Chief Justice who is its Chairman; the Chairman of the Civil Service Commission, or such other member who may be designated on that behalf by the Chairman of the Civil Service Commission; such Justice of Appeal or Judge as may be designated on that behalf by the President after consultation with the Chief Justice; and such legal practitioner and such magistrate as may be designated on that behalf by the President acting after consultation with the Chief Justice.
The President may by an instrument under the Public Seal and in consultation with the Judicial Service Commission remove from office any Judge where a motion praying for his/her removal on the grounds of incompetence in performance of duties or due to misbehaviour has been debated in the National Assembly, passed by a majority of all votes of the National Assembly, and submitted to the President as a petition for the removal of the Judge – provided that the procedure is in accordance with the principles of natural justice.
There is a Law Commission that has the power to review and make recommendations relating to the repeal and amendment of laws. It consists of a salaried Law Commissioner appointed by the President on recommendation of the Judicial Service Commission. Others members are appointed by the Law Commissioner in consultation with the Judicial Service Commission. The Law Commissioner may be removed by the President on recommendation of the Judicial Service Commission.
The President is able to appoint Commissions of Inquiry. The President can also refer disputes of a constitutional nature to the High Court. The President may also proclaim referenda and plebiscites in accordance with the Constitution or an Act of Parliament.
The President has the power to pardon convicted offenders, grant stays of execution of sentence, reduce sentences, and remit sentences. But there are conditions to these powers, such decisions are taken in consultation with an Advisory Committee on the Granting of Pardon, of which its composition is determined by an Act of Parliament. Judgements in cases of the President and/or Vice-President are not liable to be pardoned by the President.
The President will attend the National Assembly on an annual basis, right before the consideration of the state budget, to address Parliament on the state of the Nation and on future policies of the Government, report on the policies of the previous year, and respond to questions.
The President can be called to Parliament to answer questions at such times as may be prescribed by the Standing Orders of Parliament or on a motion of the National Assembly.
The Executive Cabinet
The Cabinet is the highest decision-making body of the executive Government. It is made up of the President who presides over it, Vice-Presidents, and such Ministers and Duputy Ministers as may, from time to time, be appointed by the President.
It is responsible for advising the President with respect to the policies of Government and with respect to such other matters as may be reffered to it by the President. There is a Secretary of the Cabinet appointed by the President who is responsible for arranging business and keeping the minutes of Cabinet, as well as conveying the decisions of Cabinet to the appropriate persons or authorities.
Ministers and Deputy Ministers exercise such powers and functions, including the running of Government Departments that focus on specific areas of concern and policy, as may be prescribed by the President subject to the Constitution. Each Government Department is supervised by a Principal Secretary under the direction of a Minister or Deputy Minister. Two or more Government Departments may be placed under the supervision of a single Principal Secretary, and one Government Department may be supervised by two or more Principal Secretaries.
Ministers and Deputy Ministers appointed by the President must be a citizen of the Republic who is at least 21-years-old, able to speak and read English, and is registered as a voter in a constituency. They face the same disqualifications as elected members.
The President has the power to remove Ministers and Deputy Ministers from their posts and replace them.
It is the function and duty of the Cabinet to advise the President; direct, co-ordinate, and supervise the activities of Government Departments, including parastatal bodies; initiate Bills for submission to the National Assembly and explain those Bills; prepare, explain, and formulate for Parliament the State Budget and its economic programmes; to be available to Parliament for the purposes of answering any queries or participating in any debate pertaining to the content of the policies of the Government; and assist the President in determining what international agreements are to be concluded or acceded to and to inform Parliament.
There is an Attorney General who is the Government’s principal legal advisor and who is appointed by the President. It may either be the office of a Minister or a public office. The Attornery General may be removed by the President on the grounds of incompetence, incapacity or being compromised in the exercise of their duties to the extent their ability to give impartial legal advice is seriously in question.
Presidential Vacancy or Incapacity
If the President becomes permanently vacant then the First Vice-President will assume the office of President for the remainder of the term and appoint a new First Vice-President.
If both the President and First Vice-President become absent from their offices then the executive Cabinet will elect from its members both an Acting President and Acting Vice-President who will not hold office for longer than 60-days as Presidential Elections are organised. If four years of the Presidential term has already expired than the Acting President and Acting Vice-President will serve out the rest of the term.
If the President becomes incapacitated making them unable to discharge the powersand duties of their office, the First Vice-President will become Acting President until the President is able to resume office. For this to be the case there must first be a written declaration, certified by a board of independent medical practitioners, that the President is unable to discharge the duties of the office of President. The declaration must also be signed by the First Vice-President and the majority of Cabinet members, and then this declaration must be submitted by the First Vice-President to the Speaker of the National Assembly.
When the President feels well enough to return to office, backed by a board of independent medical practitioners, the National Assembly will decide by a two-thirds vote whether or not they believe he is fit enough to return to the presidency. If after 12-months the President is still deemed too incapacitated to return to the Presidency then the office will be considered vacant and the First Vice-President will assume the office for the remainder of the term.
Emergency Provisions
Derogations of rights stated in the constitution may only happen to a limited extent under a State of Emergency, although there are a number of rights that cannot be derogated at all under a State of Emergency such as the right to life, prohibition of torture, cruel, inhumane or degrading treatment, prohibition of genocide, slavery, right to equality, right to freedom of conscience, belief, thought, religion and academic freedom, right to habeas corpus and some others.
The President has the power to declare a State of Emergency only under specified circumstances, and only with the approval of the Defence and Security Committee of the National Assembly. It can only be declared in times of war, civil war, widespread natural disaster, and only with regard to the specific location of where the emergency exists, and that any declaration of a State of Emergency is announced publicly.
Derogation of certain rights apart from thos exempt by the constitution may happen only if they are consistent with the obligations of Malawi under international law and that either in the case of war or threat of war, that it is strictly required to prevent the lives of defensive combatants and civilians as well as legitimate military objectives from being placed in direct jeopardy.
In the case of a widespread natural disaster, derogation of rights can only happen if strictly required for the protection and relief of people and facilities whether in or outside the disaster area.
The State of Emergency and any actions taken in relation to it cannot be in force for longer than 21-days, unless extended for a period not longer than three months, or consecutive periods not longer than three months at a time, by resolution of the National Assembly adopted by at least a two-thirds majority.
People detained under a State of Emergency have specific rights and procedure explicitly displayed by the Constitution that must be followed or otherwise face legal action in response if any such rights or procedures are broken.
There are no circumstances where it is possible to suspend the Constitution or any part of it or dissolve any of its organs, save as is consistent with the provisions of the Constitution itself.
Presidential Removal
The President or Vice-President can be removed from office where either, as the case may be, has been indicted and convicted by impeachment. The procedure for impeachment is laid down by the Standing Orders of Parliament, provided they are in full accord with the principles of natural justice.
Indictment and conviction by impeachment is only on the grounds of serious violation of the constitution or serious breach of the written laws of the Republic that occurred or came to light during the President’s or Vice-President’s term.
Indictment on impeachment requires an affirmative vote of at least two-thirds of the members of the National Assembly in a committee of the whole house. Conviction also requires a two-thirds majority to affirm. Conviction leads to removal from office of the President or Vice-President and bars them from running for the presidency in the future.
The Legislative Government
The legislature is responsible for the enactment of laws and ensures its deliberations reflect the interests of all the people of Malawi and that the values expressed or implied in the Constitution are furthered by laws that are enacted.
The Constitution states several goals that are principles of National policy to be achieved through adopting and implementing policies and legislation aimed at achieving gender quality, nutrition, health, responsible environmental management, enhancing life in rural areas, education, enhancing dignity and quality of life of people with disabilities, encouraging and promoting conditions for development of children, recognise and protect the family as a vital social unit, respect and support of the elderly, development of international relations, peaceful settlement of disputes, administration of justice, economic management, and public trust and good governance.
The National Assembly is the unicameral chamber that makes up the legislative government and it currently has 193 elected members. All legislative powers of the Republic are vested in the Parliament and an Act of Parliament has primacy over other forms of law but is subject to the Constitution.
An Act of Parliament is a Bill that has been laid before the National Assembly, that has been passed by the National Assembly via a simple majority or other special majority if provided for by the Constitution in respect to a particular Bill, and that has then been assented to by the President of the Republic. Bills that are introduced may be amended, will be debated, and may be rejected.
The President can choose to withold assent from a Bill. In such a case the bill in question is returned to the National Assembly, along with reasons why, and cannot be debated again for 21-days. If after that time period the bill is debated again and passed with a majority the President must give assent to the bill.
Bills can be introduced either by the Government or by a member of the Parliament itself.
Unless otherwise recommended by the Minister responsible for finance, the National Assembly cannot proceed on any Bill or amendment that makes provision for imposition or alteration of tax; imposition or alteration of any charge on the Consolidated Fund; for payment, issue, or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such payment, issue, or withdrawal; or for composition or remission of any debt due to the Government.
The President of the Republic, in consultation with the Speaker, has the power to an extraordinary session of Parliament on a particular matter. The President, in consultation with the Speaker, may also prorogue Parliament for a time. Sessions of Parliament and their length are opened and determined by the President in consultation with the Speaker.
The National Assembly has a Speaker who presides over it, representing it in an impartial manner and keeping order as well as enforcing internal rules of the chamber, and plays a role in deciding and guiding the agenda of sessions of the National Assembly. The Speaker is elected by majority vote of the members of the National Assembly at each new sitting following dissolution, from among members of that assembly.
The Speaker does not have the right to vote unless the matter in the National Assembly pertains to their constituency, which if the case they may temporarily vacate the Speaker’s seat and participate in that debate and exercise a vote if there is one. Also on any matter that is equally divided the Speaker has a casting vote to break the tie.
One or more Deputy Speakers are also elected to assist the Speaker, they are elected by members from among themselves.
The Speaker or Deputy Speaker can be removed from their office by a resolution in the National Assembly supported by at least two-thirds of all members.
Parliament may establish any committees of its members and may form joint-committees for the scrutiny of legislation and performance of other functions. There must always be a Public Appointments Committee, Budget Committee, and a Legal Affairs Committee.
These three committees must be appointed with proportionate representation of all parties represented in the National Assembly.
When seats become vacant for any reason they will be filled again via a by-election held for the constituecy. Members of the National Assembly can be removed for various reasons but can also appeal. Members can have their seats become vacant if they choose to leave their political party or have joined another political party. Members still have the right of an absolute free vote, even if it goes against the wishes of their party, and cannot be removed if they vote against any such wishes.
The Electoral System
Presidential Elections take place every 5-years and are elected by a simple majority popular vote. A person may run for a second consecutive term but no more than that.
Elections for the National Assembly are held every 5-years with all members elected from single-seat constituencies via a simple majority vote in a first-past-the-post system.
Candidates for President and those chosen or appointed Vice-President must be citizens of Malawi from birth or by descent and be at least 35-years-old. They cannot be adjudged or or declared of unsound mind; be an undischarged bankrupt having been declared bankrupt; cannot have been convicted by a competent court within the last seven years of a crime involving dishonesty or moral turpitude; cannot owe allegiance to a foreign country; cannot be a holder of another public office or member of Parliament; cannot be a serving member of the Police of Defence Forces; or convicted of breaking electoral law in the last 7-years.
To be elected as a member of the National Assembly one must be a citizen of Malawi who is at least 21-years-old, is able to speak and read the English language well enough to take an active part in the proceedings of Parliament, and is a registered voter in a constituency.
A person who ows allegiance to a foreign country; who is adjudged or otherwise declared to be mentally incompetent; has been convicted by a competent court of a crime involving dishonesty or moral turpitude within the last 7-years; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force; who holds, or acts, in any public office or appointment, except where provided for by the Constitution; belongs to, or is serving the Armed Forces or Police in Malawi; or has been convicted by any competent court of any violation of electoral laws at any level – shall not be qualified to be nominated or elected as a member of Parliament.
There is an Electoral Commission that determines the number of seats representing each constituency in Malawi as well as constituency boundaries that take population density, ease of communication, geographical features and existing administrative areas into consideration, reviews of boundaries must be conducted at least every 5-years. The decisions on constitency boundaries are confirmed by vote of the National Assembly.
The Electoral Commission is made up of a Chairman who shall be a Judge nominated by the Judicial Service Commission, and such other members, not being less than six, as may be appointed in accordance with an Act of Parliament. Members server 4-year terms and may be re-appointed.
A person shall not be qualified to hold the office of a member of the Electoral Commission if that person is a Minister, Deputy Minister, a member of Parliament, or a person holding public office.
Members of the Electoral Commission may be removed by the President of the Republic on recommendation by the Public Appointments Committee on the grounds of incapacity or incompetence on the performance of their duties of that office.
The Electoral Commission’s conduct is responsible to the High Court who can challenge its decisions to ensure powers are duly exercised in accordance with the constitution and existing laws.
To vote in elections one must be a citizen of Malawi or someone ordinarily resident in Malawi for at least 7-years, is at least 18-years-old, and is ordinarily resident in, or born in, or is employed in, or carries a business in, the constituency where they are registered to vote. Voting is not mandatory.
Those who are adjudged or otherwise declared mentally incompetent; is under sentence of death; or those who have barred due to breaking electoral laws, may not have the right to register to vote in elections.
Sources
The source for this comes from Malawi’s 1994 Constitution with amendments through to 2017 and so should be up to date as possible but as always there is a chance I may have made some mistakes or misinterpretations and the Constitution can always be amended and so this may eventually become outdated, and so if using this seriously cross-research is recommended.
Amendments to the constitution can be proposed by the National Assembly, passage of articles affecting sovereignty and territory of the State, fundamental constitutional principles, human rights, voting rights, and the judiciary, requires majority approval by both the National Assembly and a referendum.
Passage of other amendments only requires a two-thirds majority vote in the National Assembly.
Next up will be the government system of Malaysia.
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