(3) No government or political party shall cause any member of the Malawi Police Service acting
in that behalf to exercise functions, powers or duties for the purposes of promoting or undermining the
interests or affairs of any political party or individual member of that party, nor shall any member of the
Malawi Police Service, acting in that behalf, promote or under-mine any party or individual member of
that party.
(4) No government or political party shall cause any member of the Malawi Police Service, acting
in that behalf, to deploy resources, whether they be financial, material or human resources, for the
purposes of promoting or undermining any political party or member of a political party or interest
group, nor shall any member of the Malawi Police Service, acting in that behalf, cause such deployment:
Provided that nothing in this section shall be construed as derogating from the duty of the Police
to uphold the rights and afford protection to all political parties, persons and organizations equally,
without fear or favour, in accordance with this Constitution and subject to any law.
(5) Any member of the Malawi Police Service who contravenes this section shall be subject to
such disciplinary measures as the Police Service Commission considers appropriate, taking into account
the gravity and circumstances of the contravention, subject to such regulations as may be prescribed by
an Act of Parliament.
(6) Where the Police Service Commission is satisfied that a government or political party or
member of a political party has acted in contravention of subsection (3) or subsection (4), the Police
Service Commission may initiate proceedings before the High Court for punitive damages and, in the
case of a contravention of subsection (4), for the recovery of such resources or sums equivalent to the
benefit of the enjoyment of those resources from the government, or political party or member of a
political party who has so benefitted, as the case may be.
4 of 2004CHAPTER XVI
THE DEFENCE FORCE
[Ch0000s159]159.
The Defence Force of Malawi
13 of 2001, 4 of 2004There shall be the Defence Force of Malawi which shall be the only military
force constituted in Malawi and which shall be regulated in accordance with this Constitution and any
other written law.
[Ch0000s160]160.
Constitutional position of the Defence Force of Malawi
4 of 2004(1) The Defence Force of Malawi shall operate at all times under the direction of those
civil authorities in whom this Constitution vests such power, and shall—
(a)
uphold the sovereignty and territorial integrity of the Republic and guard against threats
to the safety of its citizens by force of arms;