(b)
the recommendations of the Prisons Service Commission and the Inspectorate of
Prisons in accordance with an Act of Parliament; and
(c)
the directions of the courts in relation to persons convicted by the courts to a sentence
of incarceration or penal servitude within a penal institution, or incarcerated by the courts pending
execution of the sentence of the courts, or awaiting sentence by the courts or otherwise on remand to
the custody of the Prisons Service or being held on behalf of the Malawi Police Service in connexion with
any law.
(3) Save as provided in this section, in the exercise of the duties and powers vested in the office
of the Chief Commissioner for Prisons by this Constitution or any other law, the person holding that
office shall not be subject to the direction or control of any other person or authority, other than as
prescribed in this Constitution and an Act of Parliament.
[Ch0000s165]165.
Power to delegate
(1) The Chief Commissioner for Prisons may delegate the powers conferred on him or her by this
Constitution or an Act of Parliament to such persons or authorities, being part of the Malawi Prisons
Service, as he or she considers appropriate.
(2) With respect to the delegation of powers in subsection (1)—
(a)
the Chief Commissioner for Prisons shall notify the Prisons Service Commission and the
Inspectorate of Prisons of any such delegation; and
(b)
the Prisons Service Commission or, as the case may be, the Inspectorate of Prisons
may—
(i)
prescribe any regulations it considers appropriate in relation to the manner and
form of reports that the person or authority exercising that power shall make; and
(ii)
shall prescribe such restrictions as may be required to ensure the proper
exercise of powers delegated under this section.
[Ch0000s166]166.
Appointment of the Chief Commissioner for Prisons
(1) The Chief Commissioner for Prisons shall be appointed by the President, but the Public
Appointments Committee may at any time inquire as to the competence of the person so appointed to
carry out the duties of that office and as to such other questions as may have direct bearing on the
performance of the duties of that office.
(2) The office of the Chief Commissioner for Prisons shall become vacant after the person
holding that office has served for five years, provided that the person holding that office may be
appointed for such further term, not exceeding five years, as the President considers appropriate.