31 of 1994, 6 of 1995, 38 of 1998(7) No person shall be eligible for nomination as a candidate for
election as President or First Vice-President or for appointment as first Vice-President or Second VicePresident if that person—
(a)
(b)
Republic;
has been adjudged or declared to be of unsound mind;
is an undischarged bankrupt having been declared bankrupt under a law of the
(c)
has, within the last seven years, been convicted by a competent court of a crime
involving dishonesty or moral turpitude;
(d)
owes allegiance to a foreign country;
(e)
is the holder of a public office or a member of Parliament, unless that person first
(f)
is a serving Member of the Defence Forces or Malawi Police Service; or
resigns;
(g)
has, within the last seven years, been convicted by a competent court of any violation of
any law relating to election of the President or election of the members of Parliament.
[Ch0000s81]81. Oath of office
31 of 1994, 13 of 2001(1) Before a person elected to be President or First Vice-President or
appointed to be First Vice-President or Second Vice-President takes office that person shall take the
following oath which shall be administered in public by the Chief Justice—
“I, ............. do solemnly swear that I will well and truly perform the functions of the high office
of President (or Vice-President) of the Republic of Malawi, and that I will preserve and defend the
Constitution, and that I will do right to all manner of people according to law without fear or favour,
affection or ill-will. So help me God.”
(2) Instead of taking an oath, the President, First Vice-President or Second Vice-President may, if
he or she thinks fit, make an affirmation which shall be in the like form with the substitution of “affirm”
for “swear”, and the omission of the final sentence.
(3) A person elected to be President or appointed to be First Vice-President or Second VicePresident shall be sworn into office, in accordance with subsection (1), within thirty days of being
elected or appointed.
(4) The President and First Vice-President shall hold office until such time as his or her successor
is sworn in.
[Ch0000s82]82. Renumeration