(2) Subject to this Constitution, power to appoint persons to hold or act in offices in the Malawi
Police Service other than that of Inspector General of Police, including the power to confirm
appointments, and to remove such persons from office shall vest in the Police Service Commission.
(3) The Police Service Commission shall, subject to this Constitution and any general directions
of an Act of Parliament, exercise disciplinary control over persons holding or acting in any office to which
this section applies.
[Ch0000s156]156.
Power to delegate
13 of 2001(1) The Police Service Commission may, subject to such conditions as may be laid
down by an Act of Parliament, delegate powers conferred by this Constitution or an Act of Parliament by
directions in writing to any member of the Commission or to any public officer or public body.
(2) Where any person or body may from time to time exercise powers under this section on
behalf of the Police Service Commission in accordance with subsection (1), the Police Service
Commission shall—
(a)
require that person or body to furnish reports in such manner or form as the
Commission may prescribe in the directions which delegated those powers; and
(b)
hear such complaints or appeals from persons with sufficient interest relating to the
exercise of powers delegated under this section and shall have the authority to—
(i)
quash the decision of a person or body exercising such powers;
(ii)
exercise such disciplinary powers in relation to such person or body, subject to
the conditions laid down by an Act of Parliament; and
(iii)
revoke directions delegating powers to any person or body:
Provided that nothing in this section shall prejudice the right of any person who is the subject of
a decision made by or on behalf of the Police Service Commission to appeal to the High Court or the
right of any person with sufficient interest in such a decision to petition the High Court for judicial
review of that decision.
[Ch0000s157]157.
Composition
13 of 2001(1) The Police Service Commission shall consist of the following members—
(a)
such Justice of Appeal or Judge as may for the time being be nominated in that behalf by
the Judicial Service Commission and who shall be the Chairman of the Police Service Commission;
(b)
such member of the Civil Service Commission as may for the time being be nominated in
that behalf by the Civil Service Commission;