Provided that the Director of Public Prosecutions or the Attorney General may be summoned by
the Legal Affairs Committee of Parliament to appear before it to give account for the exercise of those
powers.
[Ch0000s102]102.
Removal of the Director of Public Prosecutions
13 of 2001(1) The office of the Director of Public Prosecutions shall become vacant after the
person holding that office has served five years or on his or her resignation or retirement whichever is
sooner:
Provided that the person holding that office may be appointed for such further terms, not
exceeding five years, as the President considers appropriate.
(2) A person holding the office of the Director of Public Prosecutions may be removed from the
office by the President before the expiration of his or her term of office, if the President is satisfied that
the person holding that office—
(a)
is incompetent in the exercise of his or her duties;
(b)
is compromised in the exercise of his or her duties to the extent that his or her ability to
exercise his or her functions impartially is in serious question;
(c)
is otherwise incapacitated; or
(d)
has attained the age prescribed for retirement.
CHAPTER IX
THE JUDICATURE
[Ch0000s103]103.
The independence and jurisdiction of the courts and the judiciary
(1) All courts and all persons presiding over those courts shall exercise their functions, powers
and duties independent of the influence and direction of any other person or authority.
(2) The judiciary shall have jurisdiction over all issues of judicial nature and shall have exclusive
authority to decide whether an issue is within its competence.
(3) There shall be no courts established of superior or concurrent jurisdiction with the Supreme
Court of Appeal or High Court.
[Ch0000s104]104.
The Supreme Court of Appeal
(1) There shall be a Supreme Court of Appeal for Malawi, which shall be a superior court of
record and shall have such jurisdiction and powers as may be conferred on it by this Constitution or by
any other law.