(b)
uphold and protect the constitutional order in the Republic and assist the civil
authorities in the proper exercise of their functions under this Constitution;
(c)
provide technical expertise and resources to assist the civilian authorities in the
maintenance of essential services in times of emergency; and
(d)
perform such other duties outside the territory of Malawi as may be required of them
by any treaty entered into by Malawi in accordance with the prescriptions of international law, but no
part of the Defence Force of Malawi shall be employed outside the territory of the Republic for more
than ninety days without the approval of the National Assembly.
(2) No person or authority may direct or deploy the Defence orce of Malawi to act in
contravention of this Constitution.
[Ch0000s161]161.
Responsibility for the Defence Force of Malawi
13 of 2001, 4 of 2004(1) The ultimate responsibility for the Defence Force of Malawi shall vest in
the President as Commander-in-Chief.
(2) There shall be a Commander of the Defence Force of Malawi who shall be appointed by the
President.
(3) The Commander of the Defence Force of Malawi shall, in the day to day management of the
Defence Force, be accountable to the Minister responsible for defence in whom shall vest political
responsibility for the Defence Force of Malawi.
(4) Any power conferred on the President by virtue of this Chapter shall only be exercised on the
recommendation of Defence Council which shall be constituted under an Act of Parliament and which
shall include the Minister responsible for Defence and the High Command of the Defence Force of
Malawi and which shall have—
(a)
the power to determine the operational use of the Defence Force of Malawi;
(b)
the power to appoint and remove from office senior officers and other members of the
Defence Force of Malawi; and
(c)
such other powers and duties as may be prescribed by an Act of Parliament.
(5) All powers conferred by subsection (4) shall be exercised subject to the scrutiny of a Defence
and Security Committee of the National Assembly established by section 162.
(6) The Defence Council may, by directions in writing and subject to such conditions as may be
laid down by an Act of Parliament or as are adopted by the National Assembly on the recommendation
of the Defence and Security Committee of the National Assembly, delegate to any member of the
Defence Force of Malawi any of the powers conferred on the Defence Council by an Act of Parliament.