Lawyers to review the Constitution
Following a futile attempt to review Malawi’s Constitution in 2006, a team of prominent scholars is leading efforts to rewrite the supreme law of the land three decades after it became operational in 1994.
Five leading academics have partnered with Malawi Law Society (MLS), the University of Malawi and University of Cape Town to organise a national conference as part of the review process, according to Mwiza Nkhata, one of the scholars behind the citizens-inspired review.
“This is an initiative coordinated by citizens. We want to create a broad platform where
people can reflect on the constitutional developments over the past three decades,” said Nkhata in a telephone interview.
The legal scholars involved include Danwood Chirwa, dean and professor of law at the University of Cape Town; Bernadette Malunga, head, Department of Private Law, School of Law, Economics and Government at the University of Malawi and Nkhata himself, who is honorary professor of law at the University of South Africa.
Others are Dan Kuwali, extraordinary professor of international law at the University of Pretoria in South Africa and former Attorney General (AG) Chikosa Silungwe, who holds a doctorate degree in law.

The national conference—set to bring together legal practitioners, representatives of government, civil society, academia, political parties and international partners, among others— will reflect on the Constitution’s 30 years of its interpretation, application, enforcement and implementation.
It will engage a wide range of stakeholders to explore and reflect on the impact and challenges of the Constitution on the country’s political, economic and social dynamics.
The conference comes 19 years after the Malawi Law Commission empanelled a Special Law Commission to review the Constitution and held a similar conference whose recommendations have not been fully adopted by the Executive.
“The Constitution does not just affect lawyers, but every citizen so
any development in relation to the Constitution is a business of a lot of people,” said Nkhata.
He said the team has also received abstracts from individuals of different professional callings, expressing their interests to make presentations.
“We hope we will come up with solid recommendations that will assist in the development of our Constitution,” he stressed.
The current Constitution was adopted on May 18 1994 to constitutionalise the country’s transition from a one-party to a multiparty democracy.
According to the conference’s concept note, by bringing together diverse voices, the gathering aims at fostering a renewed commitment by all to constitutionalism, democratic governance and ensuring that the principles enshrined in the Constitution continue to guide and bolster the nation’s march towards a more just and equitable future.
“Undoubtedly, the Malawi of the last 30 years is quite different from that preceding the adoption of the Constitution. Malawians now enjoy more freedoms and rights than before.
“Six presidential and parliamentary elections have been conducted, relatively peacefully. Several political parties have had the opportunity to establish a government after triumphing in national elections,” reads the note.
It further says the intervening period has also witnessed an explosion of law-making, with numerous laws being introduced to replace outdated and outmoded ones or to usher in entirely new laws meant to realise the ideals, values and vision of the Constitution.
For example, it states, significant revisions and amendments have been made to the criminal procedure law, and new legislation has been enacted to bolster the regulation of the financial services sector and also in the areas of gender equality, domestic violence and sexual abuse, family relations, elections and electoral administration, and environmental protection and governance.
In a separate interview, MLS president Patrick Mpaka said when the Constitution was adopted in 1994, the collective hopes and aspirations of the people of Malawi were clearly set out and documented in the legal document.
“The conference that we are planning in collaboration with the University of Malawi and University of Cape Town seeks to look back and evaluate whether the country is on course with those aspirations and what areas need a renewed commitment and improvement for the attainment of a just and equitable present and future for the people of Malawi as envisaged in their Constitution,” he said.
When contacted to comment on the planned review, Government spokesperson Moses Kunkuyu, who is also Minister of Information and Digitisation, said: “We are not commenting on the matter now.”
However, Ministry of Justice spokesperson Frank Namangale, welcomed the review initiative, saying it was timely and necessary as it will present an opportunity for a comprehensive reflection on the Constitution.
He said engaging a diverse range of stakeholders is vital for fostering a robust dialogue on the impact of the Constitution on Malawi’s political, economic and social dynamics.
“It presents a platform for constructive dialogue and collaboration among all stakeholders. We are hopeful that the outcomes of this conference will lead to meaningful reforms
that strengthen our constitutional framework and enhance public trust in our governance systems,” Namangale said.
He added: “By participating actively in this conference, the government aims to demonstrate its dedication to enhancing constitutionalism and promoting public participation in governance.”
For the last 19 years, various administrations have failed to fully adopt proposed constitutional changes made by the Special Law Commission.
The report has not been tabled before Parliament since the Law Commission submitted it to the Ministry of Justice in 2008.
After the review, a report was published and its copies were sent to Parliament for legislators and relevant Executive arm of government officials, but Cabinet has not adopted the report and its recommendations.
Former Solicitor General Anthony Kamanga, SC, is on record to have told our sister paper The Nation, thatthe constitutional review document was big and would take time for Cabinet to finish working on it.
But Namangale said government remains committed to consider and implement the 2008 Special Law Commission Report on Constitutional Review.
“We understand there have been challenges in the past, but this conference offers a renewed opportunity to revisit these recommendations and chart a clear path forward.
“Our goal is to ensure that the Constitution continues to serve as a living document that reflects the evolving needs and aspirations of the Malawian people,” he said.
While appreciating the hurdles of the recommendations by the 2006 Special Law Commission, the current organisers are hopeful their recommendations will be implemented “if not immediately [then] sometime in the near future”.
Said Nkhata: “The 2006 process was initiated and coordinated by the Malawi Law Commission as part of their statutory mandate. Some of their recommendations were completely ignored while some took many years before being implemented. Overall, we can say the report has not been fully implemented.
“Our conference is a citizen initiative and not driven by the government or any particular State machinery. But considering the importance of the Constitution to the governance of the country we cannot give up. These kinds of initiatives are an important platform for collective reflection over key issues affecting our Constitution.”
Private practice lawyer Lozindaba Mbvundula observed in an interview the forthcoming conference would present a valuable opportunity to assess progress made over the past 30 years on constitutionalism.
She said: “Notably, it creates a platform to examine the Constitution in light of emerging issues, such as digitalisation. The conference will set in motion discourse that will pave the way for an improved legal environment in Malawi.”
The National Advocacy Platform (NAP), which has over the years lobbied for the conclusion of the 2008 constitutional review process, also welcomed the initiative, describing it as “a timely and pivotal initiative”.
NAP chairperson Benedicto Kondowe said the conference was a crucial step towards addressing sticky issues and other structural deficiencies while creating a “more accountable, inclusive, and dynamic governance framework.”
“It responds to the long-awaited call for a comprehensive review of the Constitution which has faced persistent challenges, particularly regarding the mandate of the Vice- President, the expansive nature of presidential powers, and other ever-topical issues,” he observed.
Kondowe said while the conference’s objectives were commendable, there was a justified concern over government’s political will to fully support such initiatives, especially when they may threaten entrenched interests or disrupt existing power dynamics.
“For this constitutional review to succeed, government must demonstrate an unequivocal commitment to reform by fostering transparency, inclusivity, and honest dialogue with all stakeholders.
“Beyond government support, this review process must prioritise widespread public engagement to ensure it reflects the will of the people. It must also focus on actionable reforms, establish robust accountability mechanisms, and align outcomes with the Malawi 2063 Agenda,” he said.
Kondowe noted the conference was a rare opportunity to enhance constitutionalism, safeguard democratic governance, and address long-standing governance deficits that must not be squandered.
Political and governance scholar Wonderful Mkhutche observed that the conference was “a great approach” when it comes to consolidating democracy as well as ensuring good governance in the country.
“The law is supposed to take this country forward. The stakeholders should not fall in the trap of using the law to advance parochial beliefs or worldviews. We need the law to place this country in a position of progress and development,” he said.