(Came into effect on: 18 May, 1994, amended in 1995, 1997）

Chapter III Fundamental Principles

13. The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals –

(o) Public Trust and Good Governance

To introduce measures which will guarantee accountability, transparency, personal integrity and financial probity and which by virtue of their effectiveness and transparency will strengthen confidence in public institutions.

Chapter VIII The Executive

88.1.The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall, as Head of State, defend and uphold the Constitution as the supreme law of the Republic.

2.The President shall provide executive leadership in the interest of national unity in accordance with this Constitution and the laws of the Republic.

3.The President and members of the Cabinet shall not hold any other public office and shall not perform remunerative work outside the duties of their office and shall, within three months from the date of election or appointment, as the case may be, fully disclose all of their assets, liabilities and business interests, and those of their spouses, held by them or on their behalf as at that date; and, unless Parliament otherwise prescribes by an Act of Parliament, such disclosure shall be made in a written document delivered to the Speaker of the National Assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the Standing Orders of Parliament.

4.Any business interests held by the President and members of the Cabinet shall be held on their behalf in a beneficial trust which shall be managed in such manner as to ensure conformity with this section.

5.The President and members of the Cabinet shall not use their respective offices for personal gain or place themselves in a situation where their material interests conflict with the responsibilities and duties of their offices.

Chapter X The Ombudsman

The Office of the Ombudsman

120．There shall be a public office known as the office of the Ombudsman which shall have such powers, functions and responsibilities as are conferred upon that office by this Constitution and any other law.

Independence of the Ombudsman

121．In the exercise of his or her powers, functions and duties the Ombudsman shall be completely independent of the interference or direction of any other person or authority.

Appointment of Ombudsman

122. 1.Nominations for appointment to the office of Ombudsman shall be received from the public by way of a public advertisement placed by the Clerk to the National Assembly and the successful candidate shall be appointed by the Public Appointments Committee in accordance with the requirements of this section.

2.The person appointed to the office of Ombudsman shall –

a. have sufficient knowledge of the law;

b. be publicly regarded as a person who can make impartial judgements;

c. have sufficient knowledge of the workings of Government;

d. not have had any criminal convictions and not have been a bankrupt;

e. be otherwise competent and capable of performing the duties of his or her office;

f. not be the President, Vice-President, a Minister or Deputy Minister, a serving public officer or a member of Parliament; and

g. not hold any other public office unless otherwise provided for in this Constitution.

Functions And Powers

123. 1.The office of the Ombudsman may investigate any and all cases where it is alleged that a person has suffered injustice and it does not appear that there is any remedy reasonably available by way of proceedings in a court or by way of appeal from a court or where there is no other practicable remedy.

2. Notwithstanding subsection (1), the powers of the office of the Ombudsman under this section shall not oust the jurisdiction of the courts and the decisions and exercise of powers by the Ombudsman shall be reviewable by the High Court on the application of any person with sufficient interest in a case the Ombudsman has determined.

Powers of Investigation

124. The Ombudsman shall have full powers to –

a. subpoena the attendance of any person who the Ombudsman reasonably believes to be connected with any investigation being undertaken by that office;

b. require the immediate disclosure of information and the production of documents of any kind, from any public body;

c. question any person who the Ombudsman reasonably believes to be connected with an investigation that is being undertaken by that office; and

d. initiate contempt proceedings before the High Court against any person or authority in connexion with non-compliance with the powers conferred in this section.

Privileges and Immunities of the Ombudsman

125. A person holding the office of Ombudsman shall –

a. be provided with the necessary resources to discharge the functions of that office;

b. be entitled to the fullest co-operation of any person or authority of whom he or she requests assistance in connexion with the duties of that office;

c. enjoy, with respect to his or her official functions, similar protection and privileges in so far as they are appropriate as are enjoyed by members of Parliament; and

d. be paid a salary to be charged to the Consolidated Fund and which shall not be reduced without the consent of the office holder.

Remedies 6 of 1995

126.Where the investigations of the Ombudsman reveal sufficient evidence to satisfy him or her that an injustice has been done, the Ombudsman shall –

a. direct that appropriate administrative action be taken to redress the grievance;

b. cause the appropriate authority to ensure that there are, in future, reasonably practicable remedies to redress a grievance; and

c. refer a case to the Director of Public Prosecutions with a recommendation for prosecution, and, in the event of a refusal by the Director of Public Prosecutions to proceed with the case, the Ombudsman shall have the power to require reasons for the refusal.

Reports of the Ombudsman

127.The Ombudsman shall lay , each year, before the Nation Assembly a report which shall include a record of all complaints and applications to the office of Ombudsman, a record of the exercise of powers in relation to applications, of the remedies afforded to applicants in respect of grievances and shall also include a record of the general recommendations of the Ombudsman in respect of grievances.

Removal from Office

128.1.A person appointed to the office of Ombudsman shall serve a term of not more than five years, provided that the Public Appointments Committee may appoint that person for such further terms of five years as it considers appropriate unless that Committee sooner terminates that appointment in accordance with this section.

2.A person appointed to the office of Ombudsman shall not be removed by the Public Appointments Committee, except –

a. in such circumstances where had that person not been Ombudsman, that person would have been disqualified from being appointed;

b. for gross misconduct; or

c. on reaching the age of sixty-five years.

Chapter XXIII : Miscellaneous

213. 1. In addition to the President and members of the Cabinet as provided by section 88 (3), the holders of the following offices, that is to say –

a. a member of the National Assembly;

b. a member of the Senate;

c. a public officer of such senior grade or position as shall be specified under subsection (2);

d. an officer of such senior grade or position as shall be specified under subsection (2), of –

i. a corporation, board, commission, council, or similar body established by or under an Act of Parliament;

ii. any other body, corporate or unincorporated which in accordance with any Act of Parliament is subject to the same statutory procedures for financial control and accountability as apply in common to a body referred to in subparagraph (i), shall, within three months from the date of his or her election, nomination or appointment, as the case may be, fully disclose all or his or her assets, liabilities and business interests and those of his or her spouse held by him or her or on his or her behalf as at that date; and, unless Parliament otherwise prescribes by an Act of Parliament, such disclosure shall be made in a written document delivered to the Speaker of the National Assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the Standing Orders of Parliament.

2. For the purpose of paragraphs (c) and (d) of subsection (1), the National Assembly shall specify the grades and positions of the officers required to disclose assets in accordance with that subsection, and shall do so by resolution passed by the majority of the members present and voting and which shall be published in the Gazette.

3. Notwithstanding subsection (1), in the case of those persons who, at the commencement of this section, hold the offices to which this section applies, the period within which they shall comply with subsection (1) shall be a period of three months-

a. from the commencement of this section, in the case of members of the National Assembly;

b. from the date of the publication of the resolution under subsection (2), in the case of others.

4. There shall be a Committee of Parliament appointed by the National Assembly which shall have the function of monitoring the compliance with the requirement on the disclosure of assets under section 88 (3) and under this section and the Committee shall have all the powers necessary to perform its function.