Malawi · Overview
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.
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