The Constitutional Sub-committee of the National Consultative Committee has now provided access to the draft Constitution of Malawi. It is the product of intensive discussions over the course of only five weeks by the legal representatives of the
political parties, taking into account recommendations of two constitutional conferences. Most of the decisions have been settled as to substance, particularly in respect of the basic structure of government as a political decision.

Comments would be particularly appreciated on matters of drafting, consistency, completeness, undesirable effects of formulations employed, etc.

Time is very short. Parliament will be dissolved on May 18 and so there is only about one week left for drafting the legislation incorporating the new constitution. All comments
are welcome and can be sent as follows:

DRAFT CONSTITUTION OF THE REPUBLIC OF MALAWI
 

                       MUTU UMODZI SUSENZA DENGA
 

The people of Malawi adopt the following as the Constitution of Malawi.
 

CHAPTER 3.  BILL OF HUMAN RIGHTS

17.   Protection of Human Rights and Freedoms

1. The Human Rights and Freedoms enshrined in this Chapter  shall be respected and upheld by the Executive, Legislature  and Judiciary and all organs of the Government and its  agencies and where applicable to them, by all natural and  legal persons in Malawi and shall be enforceable in the manner hereinafter prescribed.

2.    Any person or group of persons with sufficient interest in the protection and      enforcement of rights under this Chapter shall  be entitled to the assistance of the Courts, the Ombudsman,  the Human Rights Commission and other organs of  government to ensure the promotion, protection and redress of grievance in respect of those rights.

20.   Human Dignity and Personal Freedom
1.  The dignity of all persons shall be inviolable.

2.  a) In any judicial proceedings or in any other proceedings  before any organ of the State, and during the  enforcement of a penalty, respect for human dignity shall  be guaranteed.

      b) No person shall be subject to torture of any kind or to cruel, inhuman or degrading treatment or punishment.

      c) No person shall be subject to corporal punishment in  connection with any judicial proceedings or in any other  proceedings before any organ of the State.

3.  Every person shall have the right to freedom and security of  person, which shall include the right not to be detained  without trial.

22.   Privacy
Every person shall have the right to personal privacy, which shall  include the right not to be subject to searches of his or her person, home or property, the seizure of private possessions or violation of private communications, including mail and all forms of telecommunications.

CHAPTER 10.   HUMAN RIGHTS COMMISSION

Establishment

130.  Parliament may provide for a Human Rights Commission for the  protection and investigation of violations of the rights accorded by  this Constitution or any other law.

Powers

131.  The Human Rights Commission shall, with respect to the  applications of an individual or class of persons, or on its own  motion, have such powers of investigation and recommendation as  are reasonably necessary for the effective promotion of the rights  conferred by or under this Constitution, but shall not exercise a  judicial or legislative function and shall not be given powers so to do.

Composition

132.  The Human Rights Commission shall consist of:

1.  any person, at that time holding the office of Law  Commissioner and any person, at that time holding the position of Ombudsman and such other persons as they may from time to time appoint in that behalf in accordance with this section.

Provided that, save as prescribed by this section, no other  member of the Human Rights Commission shall be a person  in any public office or the President or Vice President, a Minister or Deputy Minister.

2.  such persons, nominated from time to time in that behalf  from by those organisations that are considered in the absolute discretion of both the Law Commissioner and the Ombudsman to be reputable organisations, and that are largely or wholly concerned with the promotion of the rights  and freedoms guaranteed by this Constitution.

Provided that all members of the Human Rights Commission shall continue to be members of the Commission until such time as they are dismissed on the grounds of incompetence,  incapacity, or in such circumstances where the member is compromised to the extent that his or her ability to impartially exercise the duties of his or her office is seriously  in question.