(3) The Inspectorate of Prisons shall—
(a)
be charged with monitoring the conditions, administration and general functioning of
penal institutions taking due account of applicable international standards;
(b)
have such powers as shall be required for it to make investigations and shall have the
power to require any person to answer questions relating to such subjects as are relevant to those
investigations;
(c)
have the power to visit any and all institutions within the Malawi Prisons Service with or
without notice and without let or hindrance; and
(d) �
exercise such other powers as may be prescribed by an Act of Parliament.
(4) The Inspectorate of Prisons shall cause to be laid before the National Assembly such reports
as the Inspectorate of Prisons may make and such reports shall be so laid through the Minister
responsible for Prisons in the form of a motion for acceptance of the recommendations of the
Inspectorate of Prisons.
(5) Where the recommendations of the Inspectorate of Prisons require amendment to any law,
the Minister shall lay before Parliament those recommendations in the form of a Bill.
(6) The powers conferred on the Inspectorate for Prisons by this section shall also be exercisable
by the Inspectorate of Prisons with respect to holding cells in police stations.
[Ch0000s170]170. �
Composition of the Inspectorate of Prisons
13 of 2001(1) The Inspectorate of Prisons shall consist of the following members—
(a)
such Justice of Appeal or Judge as shall from time to time be nominated in that behalf
by the Judicial Service Commission, who shall be chairman;
(b)
the Chief Commissioner for Prisons or such person as he or she may nominate in that
behalf being a senior member of the Malawi Prisons Service;
(c)
such member of the Prisons Service Commission, other than the Chief Commissioner for
Prisons, or other person nomination under section 168 (1) (e) as shall from time to time be nominated in
that behalf by that Commission;
(d)
such Magistrate as shall from time to time be nominated in that behalf by the Judicial
Service Commission; and
(e) �
the Ombudsman.
(2) The Inspectorate of Prisons shall have power to co-opt persons as representatives of any
local or international organizations having an office in Malawi involved in the monitoring of human