Provided that where any other person or authority has instituted criminal proceedings, nothing
in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person
or authority and with the leave of the court.
(4) For the purposes of this section, any appeal from any judgment in any criminal proceedings
before any court, or any case stated or question of law reserved to any other court for the purpose of
any such proceedings, shall be deemed to be part of those proceedings.
(5) The Director of Public Prosecutions shall not exercise the power under subsection (2) (c) to
discontinue proceedings with respect to any appeal by a person convicted in any criminal proceedings or
to any case stated or question of law reserved at the instance of such a person.
[Ch0000s100]100.
Delegation of powers to prosecute
13 of 2001(1) Save as provided in section 99 (3), such powers as are vested in the office of the
Director of Public Prosecutions may be exercised by the person appointed to that office or, subject to his
or her general or special instructions or to an Act of Parliament, by—
(a)
(b)
Prosecution.
persons in the public service acting as his or her subordinate; or
such other legally qualified persons on instructions from the Director of Public
(2) Notwithstanding subsection (1)—
(a)
the person appointed to the office of Director of Public Prosecutions shall be
accountable to the Legal Affairs Committee of the National Assembly for the exercise of such powers in
his or her own behalf and those powers exercised on his or her behalf by subordinates in accordance
with subsection (1); and
(b)
an Act of Parliament shall prescribe restrictions relating to the exercise of powers under
this section by any member of the Malawi Police Service.
[Ch0000s101]101.
Appointment of the Director of Public Prosecutions
6 of 1995, 1 of 1997(1) Appointment to the office of Director of Public Prosecutions shall be
made by the President and confirmed by the Public Appointments Committee subject to satisfying
requirements as to competence of the person so appointed to perform the duties of that office and as
to capacity of a person so appointed to pursue prosecutions independently.
1 of 1997(2) In the exercise of the powers conferred on him or her by this Constitution or any
other law, the Director of Public Prosecutions shall be subject only to the general or special directions of
the Attorney General but shall otherwise act independent of the direction or control of any other
authority or person and in strict accordance with the law: