Legal System of Malawi

Malawi is located in Africa. It is geographically situated in southern africa, east of zambia, west and north of mozambique. The country achieved independence on 6 july 1964 (from the uk). The capital is Lilongwe.

Government Overview

Government Type: presidential republic Chief of State: President Peter MUTHARIKA (since 4 October 2025) Head of Government: President Peter MUTHARIKA (since 4 October 2025) Cabinet: Cabinet named by the president Administrative Divisions: 28 districts; Balaka, Blantyre, Chikwawa, Chiradzulu, Chitipa, Dedza, Dowa, Karonga, Kasungu, Likoma, Lilongwe, Machinga, Mangochi, Mchinji, Mulanje, Mwanza, Mzimba, Neno, Ntcheu, Nkhata Bay, Nkhotakota, Nsanje, Ntchisi, Phalombe, Rumphi, Salima, Thyolo, Zomba National Holiday: Independence Day, 6 July (1964) Suffrage: 18 years of age; universal

Legal System

The legal system of Malawi is described as mixed system of English common law and customary law; Supreme Court of Appeal reviews legislative acts International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: previous 1953 (pre-independence), 1964, 1966; latest drafted January to May 1994, approved 16 May 1994, entered into force 18 May 1995 Amendment Process: proposed by the National Assembly; passage of amendments affecting constitutional articles, including the sovereignty and territory of the state, fundamental constitutional principles, human rights, voting rights, and the judiciary, requires majority approval in a referendum and majority approval by the Assembly; passage of other amendments requires at least two-thirds majority vote of the Assembly

Judicial Branch

Highest Court(s): Supreme Court of Appeal (consists of the chief justice and at least 3 judges) Judge Selection: Supreme Court chief justice appointed by the president and confirmed by the National Assembly; other judges appointed by the president on the recommendation of the Judicial Service Commission, which regulates judicial officers; judges serve until age 65 Subordinate Courts: High Court; magistrate courts; Industrial Relations Court; district and city traditional or local courts

Legislative Branch

The legislative structure consists of unicameral

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Malawi Suffrage: 18 years of age; universal

Historical Background

Malawi shares its name with the Chewa word for flames and is linked to the Maravi people from whom the Chewa language originated. The Maravi settled in what is now Malawi around 1400, during one of the later waves of Bantu migration across central and southern Africa. A powerful Maravi kingdom established around 1500 reached its zenith around 1700, when it controlled what is now southern and central Malawi and portions of neighboring Mozambique and Zambia.

This article provides a summary of the legal system and governmental structure of Malawi based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.