All judgments or sentences pending execution shall be executed as if such judgments or
sentences were ordered in accordance with this Constitution:
Provided that where the Constitution provides new grounds for appeal, any such appeal shall
act as a stay of execution and the appeal shall be to the High Court.
[Ch0000s206]206.
Existing appointments
13 of 2001(1) Subject to the provisions of this Constitution, any person holding office under any
law in force on the date of the commencement of this Constitution shall continue to hold such office
until such time as—
13 of 2001(a) that person is confirmed in that post, and such person shall be deemed to have
been confirmed in that post after the end of one year from the appointed day.
(b)
that person is replaced by another person appointed or elected to that post in
accordance with this Constitution; or
(c)
that person resigns or retires or is removed in accordance with this Constitution:
Provided that where this Constitution has created an office with a different designation, but an
equivalent function is exercised by an office existing at the time of the date of the commencement of
this Constitution, a person occupying that office shall, from the date of commencement of this
Constitution, have such powers, functions and designation as is prescribed for the equivalent office
created by this Constitution.
(2) For the purposes of section 52 and section 81(1), and only for that purpose, the person who
at the commencement of this Constitution is holding the office of Chief Justice shall be deemed to be
appointed under this Constitution as Chief Justice.
[Ch0000s207]207.
Vesting of lands, etc., in the Republic
Subject to the provisions of this Constitution, all lands and territories of Malawi are vested in the
Republic.
[Ch0000s208]208.
Savings of rights of Government in property
13 of 2001The Government shall have title to all rights in property which are vested in the
Government of Malawi on the date of the commencement of this Constitution save as otherwise
provided by section 209 (2) and provided that the disposal of rights in property where title is vested in
the Government shall be made in accordance with an Act of Parliament.
[Ch0000s209]209.
Continuation of rights of persons in property
(1) All persons who have rights in property at the date of the commencement of this
Constitution shall continue to have such rights under this Constitution and any other law.