right of any person with sufficient interest in such a decision to petition the High Court for judicial
review of that decision.
[Ch0000s168]168.
Composition of Prisons Service Commission
13 of 2001(1) The Prisons Service Commission shall consist of the following members—
(a)
such Justice of Appeal or Judge as may for the time being be nominated in that behalf by
the Judicial Service Commission, who shall be chairman;
(b)
such member of the Civil Service Commission as may for the time being be nominated in
that behalf by the Civil Service Commission;
(c)
such legal practitioner as may for the time being be nominated by the President subject
to confirmation by the Public Appointments Committee;
(d)
such person as may be nominated from time to time in that behalf by the Inspectorate
of Prisons; and
(e)
the Chief Commissioner for Prisons or a person nominated by the Chief Commissioner of
Prisons from time to time in that behalf, being a senior member of the Malawi Prisons Service.
(2) A person shall not be qualified for appointment as a member of the Prisons Service
Commission if he or she is President, Vice-President, a Minister or Deputy Minister, a Member of
Parliament or, save as provided in subsection (1) (d) and (e), an officer in the Malawi Prisons Service.
(3) Subject to this section, the office of a member of the Prisons Service Commission shall
become vacant—
(a)
at the expiration of three years from the date of that member’s appointment, unless the
member is reappointed to a further term not exceeding three years; or
(b)
if any circumstances arise that, if that member were not a member of the Prisons
Service Commission, would cause that member to be disqualified from appointment as such:
Provided that paragraph (a) shall not apply where the member in question still holds the office
of Chief Commissioner for Prisons, in which behalf that person was appointed to the Prisons Service
Commission.
[Ch0000s169]169.
The Inspectorate of Prisons
13 of 2001(1) There shall be an Inspectorate of Prisons which shall have such powers, functions
and duties in relation to the Malawi Prisons Service as are conferred on it by this Constitution or an Act
of Parliament.
(2) The Inspectorate of Prisons shall exercise its powers, functions and duties independent of
any direction or interference by any other person or authority.
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