(3) A person holding the office of Chief Commissioner for Prisons shall be subject to removal by
the President only by reason of that person being—
(a)
incompetent in the exercise of his or her duties;
(b)
compromised in the exercise of his or her duties to the extent that his or her capacity to
impartially exercise the duties of that office is in serious question;
(c)
otherwise incapacitated; or
(d)
over the age prescribed for retirement.
[Ch0000s167]167.
The Prisons Service Commission
13 of 2001(1) There shall be a Prisons Service Commission with the powers and functions
conferred on it by this Constitution and by an Act of Parliament.
(2) The Prisons Service Commission shall have the power to appoint persons to hold or act in
offices in the Prisons Service of Malawi, other than the Chief Commissioner for Prisons, including the
power to confirm appointments and to remove such persons from office.
(3) The Prisons Service Commission shall, subject to this Constitution and any Act of Parliament,
exercise disciplinary control over persons holding or acting in any office to which this section applies.
(4) The Prisons Service Commission may, subject to such conditions as may be laid down by an
Act of Parliament, delegate powers under this section by directions in writing to any member of the
Commission or to any public officer or public body, being part of the Malawi Prisons Service.
(5) Where any person or body may, from time to time, exercise powers under this section on
behalf of the Prisons Service Commission, in accordance with subsection (4), the Prisons Service
Commission shall—
(a)
require that person or body to furnish reports in such manner or form as the
Commission has specified in the directions by which it delegated those powers;
(b)
hear such complaints or appeals from persons with sufficient interest relating to the
exercise of powers under this section and shall have the authority to—
(i)
quash the decision of a person or body exercising such powers;
(ii)
exercise such disciplinary powers with relation to such person or body, subject
to the conditions laid down by an Act of Parliament;
(iii)
revoke directions delegating powers to any person or body:
Provided that nothing in this section shall prejudice the right of any person who is the subject of
a decision made by or on behalf of the Prisons Service Commission to appeal to the High Court or the