6 of 1995, 13 of 2001(1) There shall be an Inspector General of Police who shall be the Head of
the Malawi Police Service whose office shall be a public office and shall be accountable to the Minister
responsible for the Police.
(2) The Inspector General of Police shall be appointed by the President and confirmed by the
National Assembly by a majority of the members present and voting, but the Public Appointments
Committee may at any time inquire as to the competence of the person so appointed to carry out the
duties of that office and as to such other questions as may have direct bearing on the performance of
the duties of that office.
(3) The office of the Inspector General of Police shall become vacant after the person holding
that office has served for five years, but the person holding that office may be nominated for such
further terms, not exceeding five years, as the President may deem appropriate.
(4) A person holding the office of Inspector General of Police shall be subject to removal by the
President only by reason of that person being—
(a)
incompetent in the exercise of his or her duties;
(b)
compromised in the exercise of his or her duties to the extent that his or her capacity to
exercise his or her powers impartially is in serious question;
(c)
otherwise incapacitated; and
(d)
over the age prescribed for retirement.
(5) In the exercise of the duties and powers vested in the office of the Inspector General of
Police by this Constitution or any other law, the person holding that office shall not be subject to the
direction or control of any other person or authority, other than as prescribed in this Constitution or an
Act of Parliament.
(6) The Inspector General of Police may delegate such powers as are conferred on him or her by
this Constitution or by an Act of Parliament to such other persons or authorities, being part of the
Malawi Police Service, as he or she may consider appropriate.
(7) With respect to any powers under this section, the Inspector General of Police shall notify
the Police Service Commission of any delegation and the Police Service Commission may prescribe any
regulations it considers appropriate in relation to the manner and form of reports that the person
exercising that power shall make and shall specify such restrictions as may be required to ensure the
proper exercise of the powers delegated under this section in accordance with the law.
[Ch0000s155]155.
The Police Service Commission
(1) There shall be a Police Service Commission with such powers and functions as are conferred
upon it by this Constitution or an Act of Parliament.