(c)
Provided that, save as prescribed by this section, no other member of the Human Rights
Commission shall be a person in any public office or the President or Vice-President, a Minister or
Deputy Minister or a member of Parliament.
(d)
such persons as shall be nominated from time to time in that behalf by those
organizations that are considered in the absolute discretion of both the Law Commissioner and the
Ombudsman to be reputable organizations representative of Malawian Society and that are wholly or
largely concerned with the promotion of the rights and freedoms guaranteed by this Constitution or any
other written law.
(2) The Law Commissioner and the Ombudsman shall jointly refer the names of persons
nominated under paragraph (c) of subsection (1) to the President who shall formally appoint such
persons as members of the Human Rights Commission.
(3) A member of the Human Rights Commission, other than a member by virtue of paragraph (a)
or (b) of subsection (1), shall, save as otherwise provided by an Act of Parliament, continue to be a
member of the Commission until such time as he or she is removed from office on the grounds of—
(a)
incompetence;
(b)
incapacity; or
(c)
in circumstances where the member is compromised to the extent that his or her ability
to impartially exercise the duties of his or her office is seriously in question.
CHAPTER XII
LAW COMMISSION
[Ch0000s132]132.
Establishment of the Law Commission
13 of 2001There shall be a Law Commission which shall have the power to review and make
recommendations relating to the repeal and amendment of laws and which shall have such powers and
functions as are conferred on it by this Constitution and any Act of Parliament.
[Ch0000s133]133.
Composition
13 of 2001The Law Commission shall consist of—
(a)
a salaried Law Commissioner who shall be appointed by the President on the
recommendation of the Judicial Service Commission and who shall be a legal practitioner or a person
qualified to be a judge; and
(b)
such number of other persons as the Law Commissioner in consultation with the Judicial
Service Commission may appoint from time to time and for such time as they are required on account of
their expert knowledge of a matter of law being then under review by the Law Commissioner, or on
account of their expert knowledge of other matters relating to a legal issue being then under review.