The legal system of Malawi
English common law and received statutes, with customary law recognised in family, succession and land matters. Customary land was substantially restructured by the 2016 land legislation, which created registrable customary estates and registration machinery; the transition is incomplete and older holdings are often undocumented, so title enquiries frequently produce no record at all.
Legal tradition
Malawi belongs to the english common law with customary law tradition. English common law and received statutes, with customary law recognised in family, succession and land matters. Customary land was substantially restructured by the 2016 land legislation, which created registrable customary estates and registration machinery; the transition is incomplete and older holdings are often undocumented, so title enquiries frequently produce no record at all.
How power is divided
Unitary with three regions and 28 districts administered by local councils. Traditional authorities exercise recognised functions over customary land and local dispute resolution.
Where law comes from
- Constitution
- Supreme law under section 5; inconsistent law is invalid.
- Acts of Parliament
- Primary legislation of the National Assembly.
- English common law and equity
- Received law as modified by statute.
- Customary law
- Recognised in family, succession and land matters.
- International law
- Section 11 requires courts to have regard to applicable international law when interpreting the constitution.
The legal profession
A fused profession of legal practitioners admitted by the High Court after a law degree, regulated by the Malawi Law Society under the Legal Education and Legal Practitioners Act.
Law by topic in Malawi
- Constitutional Law1994 Constitution with judicial review and a Constitutional Court sitting in panelsThe 1994 Constitution ended one-party rule and contains a justiciable Chapter IV Bill of Rights. Constitutional matters are heard by the High Court sitting as a Constitutional Court in a panel of three judges, certified by the Chief Justice, with appeal to the Supreme Court of Appeal. The 2020 annulment of the 2019 presidential election in Mutharika v Chilima is the leading demonstration of judicial independence.
- Family LawMarriage, Divorce and Family Relations Act 2015 with a uniform age of 18The Marriage, Divorce and Family Relations Act 4 of 2015 consolidated the marriage regimes — civil, customary, religious and by repute — and set 18 as the minimum age, reinforced by a 2017 constitutional amendment removing the parental-consent exception. It also recognised marriage by repute and permanent cohabitation.
- Business & CorporateCompanies Act 15 of 2013 with online registration and simplified private companiesThe Companies Act 15 of 2013 replaced the 1984 Act, removing the authorised-capital concept and permitting single-shareholder companies. Registration is with the Registrar General, now largely online. The Insolvency Act 9 of 2016 introduced business rescue.
- Employment & LabourEmployment Act with Industrial Relations Court adjudication and severance allowanceThe Employment Act 6 of 2000 governs contracts and termination, requiring a valid reason and a fair hearing for dismissal. Severance allowance is payable on termination for reasons other than misconduct. The Industrial Relations Court has first-instance jurisdiction over labour disputes.
- Immigration & NationalityImmigration Act permits with business residence and temporary employment categoriesThe Immigration Act (Cap 15:03) governs entry and residence. Temporary Employment Permits are the standard route for foreign workers and Business Residence Permits for investors, both administered by the Department of Immigration.
- Property & LandLand Act 2016 recognising customary estates and abolishing freehold conversionThe Land Act 16 of 2016 and the Customary Land Act 19 of 2016 restructured tenure, creating the registrable customary estate administered by Land Committees and Traditional Land Management Areas. Public land, private land and customary land are the three categories, and the Acts provided for the conversion of remaining freehold to leasehold.
- Criminal LawPenal Code offences with the mandatory death penalty struck downThe Penal Code (Cap 7:01) contains the principal offences. Kafantayeni v Attorney General (2007) held the mandatory death penalty for murder unconstitutional, requiring individualised sentencing, and a large resentencing exercise followed. The death penalty remains on the statute book but no execution has been carried out since 1992.
- Civil ProcedureCourts (High Court) (Civil Procedure) Rules 2017 with active case managementThe 2017 Rules replaced the old English-derived rules of the Supreme Court, introducing case management and standard directions. Limitation runs under the Limitation Act (Cap 6:02) — six years for contract and tort. Appeals lie to the Supreme Court of Appeal.
- Tax LawTaxation Act with a 30 per cent company rate and 16.5 per cent VATThe Taxation Act (Cap 41:01) charges income tax on a source basis, with the standard company rate at 30 per cent and 35 per cent for branches of foreign companies. VAT is 16.5 per cent under the Value Added Tax Act. The Malawi Revenue Authority administers both.
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