Rights
1994 Constitution with judicial review and a Constitutional Court sitting in panels
The 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.
Key rules
- Jurisdiction — The High Court sitting as a Constitutional Court hears constitutional matters; the Supreme Court of Appeal is final.
Governing law
- Constitution of Malawi 1994 — Chapter IV Bill of Rights; s 9 judiciary
- Courts ActCap 3:02
- Presidential and Parliamentary Elections Act
In practice
The certification mechanism, under which the Chief Justice constitutes a three-judge panel for constitutional questions, gives Malawi a Constitutional Court in function without a separate institution. The 2020 election judgment, upheld on appeal, made the mechanism internationally visible.