(g)
(h)
freedom; or
(i)
the right to equality and recognition before the law;
the right to freedom of conscience, belief, thought and religion and to academic
the right to habeas corpus.
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11 of 2010(3) The President may declare a state of emergency—
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(a)
(b)
Assembly;
(c)
only to the extent that it is provided for in this section;
only with the approval of the Defence and Security Committee of the National
only in times of war, threat of war, civil war or widespread natural disaster;
(d)
only with regard to the specific location where that emergency exists, and that any
declaration of a state of emergency shall be publicly announced; and
(e)
only after the state of emergency has been publicly announced.
11 of 2010(4) Derogation from the rights contained in this Chapter, other than the rights listed
in subsection (2), shall be permissible during a state of emergency within the meaning of this section
and to the extent that—
(a)
such derogation is consistent with the obligations of Malawi under international law;
(b)
in the case of—
and
(i)
war or threat of war, it is strictly required to prevent the lives of defensive
combatants and civilians as well as legitimate military objectives from being placed in direct jeopardy; or
(ii)
a widespread natural disaster, it is strictly required for the protection and relief
of those people and facilities whether in or outside the disaster area.
11 of 2010(5) The declaration of a state of emergency and any action taken in consequence
thereof shall be in force for a period of not more than twenty-one days, unless it is extended for a
period of not longer than three months, or consecutive periods of not longer than three months at a
time, by resolution of the National Assembly adopted by a majority of at least two-thirds of all its
members.
11 of 2010(6) The High Court shall be competent to hear applications challenging the validity of
a declaration of a state of emergency, any extension thereof, and any action taken, including any
regulation enacted, under such declaration.