Malawi

Article 16 states: 

The Government shall, through deliberate policies and measures, guarantee participation in political and public life by persons with disabilities, by:

(iii) ensuring that they stand for elections, effectively hold office and perform all public functions at all levels of government
(b) creating an environment and encouraging persons with disabilities to participate fully in the conduct of public affairs, by:
(i) having membership in non-governmental organizations, Boards of Statutory Corporations, diplomatic missions and other institutions concerned with the political and public life of the people of Malawi, and participation in the activities and administration of political parties

Excerpt from the Malawi Disability Act  

Section 51, subsection 1 states:

A person shall not be qualified to be nominated or elected as a Member of the Parliament unless that person…

• (b) is able to speak and to read the English language well enough to take an active part in the proceedings of Parliament…

 

Section 51, subsection 2 states:

Notwithstanding subsection (1), no person shall be qualified to be nominated or elected as a Member of Parliament who:…

• (b) is, under any law in force in the Republic, adjudged or otherwise declared to be mentally incompetent…

 

Section 75, subsection 4 states:

A member of the Electoral Commission may be removed from office by the President on the recommendation of the Public Appointments Committee on the grounds if incapacity or incompetence in the performance of the duties of that office.

 

Section 77, subsection 3 states:

No person shall be qualified for registration as a voter in a constituency if that person:

• (a) is under any law in force in the Republic adjudged or otherwise declared to be mentally incompetent…

 

Section 80, subsection 7 states:

No person shall be eligible for nomination as a candidate for election as President or First Vice President or for appointment as first Vice President or Second Vice President if that person: (a) has been adjudged or declared to be of unsound mind…

 

Section 84 states:

If the  First  Vice-President  dies  or  resigns  from  office,  or  where  in accordance with section 87 the office is vacated through the incapacity of the First Vice-President for more than twelve months, the vacancy shall be filled for the unexpired period of that term by a person appointed by the President.

 

Section 87 states:

(1) Whenever the President is incapacitated so as to be unable to discharge the powers and duties of that office, the First Vice-President shall act as President, until such time, in the President’s term of office, as the President is able to resume his or her functions.

(2) The President shall not be deemed to be incapacitated for the purposes of this section until and unless—

• (a) there is a written declaration, certified by a board of independent medical practitioners, that the President is unable to discharge the duties of the office of President;
• (b) the  declaration  is  signed  by  the  First  Vice-President  and  a  majority  of  the  Cabinet, holding office at that time; and
• (c) the declaration is submitted by the First Vice-President to the Speaker of the National Assembly.

(3)  Upon  submission  to  the  Speaker  of  a  declaration  under  subsection  (2),  the  First  Vice-President shall immediately assume the powers and duties of the office of President as Acting President.

(4) Where the President has been declared to be incapacitated in accordance with subsection (2) the President may, at any time thereafter, submit to the National Assembly a written declaration, certified by a board of independent medical practitioners, stating his or her fitness to carry on the duties of the office of President: Provided that—

• (a)  upon receipt of such a declaration from the President, the National Assembly shall have thirty days within which to determine whether or not the President is in fact or not so incapacitated as to be unable to discharge the duties of the office of President; and
• (b)  if the National Assembly determines that the President remains so incapacitated so as to be unable to discharge the duties of the office of President, by an affirmative vote of two-thirds of all of its members, the First Vice-President shall continue to act as President until the National Assembly determines that the President is again fit to assume the duties and powers of the office of President; or
• (c)  if the National Assembly determines that the President is no longer so incapacitated as to be unable to discharge the duties of the office of President by an affirmative vote of two-thirds of the National Assembly, the President shall resume the duties of the office of President within thirty days of that vote.

(5) If, on the expiry of twelve months from the date of the Speaker being notified of the incapacity of the President, the National Assembly has not determined that the President is fit to perform duties of the office of President in accordance with subsection (4), then the office of President shall  be  deemed vacant  and  the  Vice-President shall  assume office  for the  remainder  of  the term in accordance with section 83 (4).

(6)  The  provisions  of  this  section,  save  for  subsection  5  shall  apply  mutatis  mutandis  to  the incapacity of the First Vice-President except that the certificate shall then be signed by the President and be  submitted  to  the  Speaker  by  the  President  and  the  functions  of  the First  Vice-President  shall  be carried out by such other member of Cabinet as the President may appoint. 

(7) Every board of independent medical practitioners required for the purposes of this section  shall  be  selected  in  accordance  with  the  procedure  laid  down  in  the  Standing  Orders  of Parliament.

 

Section 94 states:

…(2) A Person shall not be qualified to be appointed as a Minister or Deputy Minister unless that person--…

• (b) is able to speak and to read the English language…

(3)Notwithstanding subsection (2), no person shall be qualified to be appointed as a Minister or Deputy Minister who--…

• (b) is, under any law in force in the Republic, adjudged or otherwise declared to be of unsound mind;
• (c) has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude...

 

Section 98, subsection 6 states:

The  Attorney  General  shall  be  subject  to  removal  by  the  President  on  the  grounds  of incompetence,  incapacity  or  being  compromised  in  the  exercise  of  his  duties  to  the  extent  that  his ability to give impartial legal advice is seriously in question.

 

Section 102, subsection 2 states:

A person holding the office of the Director of Public Prosecutions may be removed from the office by the President before the expiration of his or her term of office, if the President is satisfied that the person holding that office—

• (a)  is incompetent in the exercise of his or her duties;
• (b)  is compromised in the exercise of his or her duties to the extent that his or her ability to exercise his or her functions impartially is in serious question;
• (c)  is otherwise incapacitated…

 

Section 113, subsection 2 states:

If any judicial office is vacant or if any judge is appointed to act as Chief Justice, or is for any reason unable to perform the functions of his or her office, the President, on the recommendations of the Judicial Service Commission, may appoint a person qualified for appointment to that judicial office under this section to act in that office.

 

Section 119 states:

…(2) A person holding the office of Judge may be removed from office only for incompetence in the performance of the duties of his or her office or  for misbehaviour, and shall  not be so removed except in accordance with subsections (3) and (4). 

(3) The President may by an instrument under the Public Seal and in consultation with the Judicial Service Commission remove from office any Judge where a motion praying for his or her removal  on  the  ground  of  incompetence  in  the  performance  of  the duties  of  his  or  her  office  or misbehaviour has been—

• (a)  debated in the National Assembly;
• (b)  passed by a majority of the votes of all the members of the Assembly; and
• (c)  submitted to the President as a petition for the removal of the judge concerned: Provided  that  the  procedure  for  the  removal  of  a  judge  shall  be  in  accordance  with  the principles of natural justice.

(4) Where notice of intention to introduce before the National Assembly a motion praying for the removal of a Judge from his or her office has been lodged in the office of the Speaker, the President may, where after consultation with the Judicial Service Commission he or she is satisfied that it is in the public interest so to do, suspend the Judge from performing the duties of his or her office.

(5) The suspension of a Judge under subsection (4) may at any time be revoked by the President, after consultation with the Judicial Service Commission, and shall in any case cease to have effect where the motion is withdrawn before being debated in the National Assembly or, upon being debated, is not passed by a majority thereof…

 

Section 131, subsection 3 states:

A member of the Human Rights Commission, other than a member by virtue of paragraph (a) or  (b)  of subsection  (1),  shall, save  as  otherwise  provided by  an  Act  of Parliament, continue to  be  a member of the Commission until such time as he or she is removed from office on the grounds of—

• (a)  incompetence;
• (b) incapacity; or
• (c)  in circumstances where the member is compromised to the extent that his or her ability to impartially exercise the duties of his or her office is seriously in question.

 

Section 134, subsection 1 states:

The President may remove the Law Commissioner or other person appointed to the Law Commission on the recommendation of the Judicial Service Commission if the Judicial Service Commission  is  satisfied  that  the  Law  Commissioner  or  such  other  person  appointed  to  the  Law Commission, as the case may be, is not competent or otherwise incapacitated so as to be unable to perform the functions of his or her office.

 

Section 144, subsection 5 states:

A Trustee shall hold office for the duration of the Fund unless and only in such circumstances as that trustee is removed by the Public Appointments Committee on the grounds of—

• (a) incompetence;
• (b) incapacity; or
• (c) being compromised in the exercise of his or her functions to the extent that his or her financial probity is in serious question.

 

Section 151, subsection 2 states:

…The term of office of a member of the National Local Government Finance Committee shall expire--…

• (b) on  removal  by  the  President  on  the  recommendation  of  the  Public  Appointments Committee, but no member shall be recommended for removal under this paragraph unless the Public Appointments Committee is satisfied that he or she is—
  • (i)  not competent to exercise the duties of that office;
  • (ii)  compromised  to  the  extent  that  his  or  her  financial  probity  is  in  serious question; or
  • (iii)  otherwise incapacitated.

 

Section 154, subsection 4 states:

A person holding the office of Inspector General of Police shall be subject to removal by the President only by reason of that person being—

• (a)  incompetent in the exercise of his or her duties;
• (b)  compromised in the exercise of his or her duties to the extent that his or her capacity to exercise his or her powers impartially is in serious question;
• (c)  otherwise incapacitated…

 

Section 166, subsection 3 states:

A person holding the office of Chief Commissioner for Prisons shall be subject to removal by the President only by reason of that person being—

• (a)  incompetent in the exercise of his or her duties;
• (b)  compromised in the exercise of his or her duties to the extent that his or her capacity to impartially exercise the duties of that office is in serious question;
• (c)  otherwise incapacitated…

 

Section 184, subsection 6 states:

A person holding the office of Auditor General shall be subject to removal by the President only by reason of that person being—

• (a) incompetent in the exercise of his or her duties;
• (b) compromised in the exercise of his or her duties to the extent that his or her financial probity is in serious question;
• (c) otherwise incapacitated…

 

Section 192 states:

(1) If the office of Chairperson of the Civil Service Commission is vacant or the Chairperson is for any reason unable to perform the functions of his or her office, then those functions shall be performed by the Deputy Chairperson until that vacancy is filled or the Chairperson is able to resume his or her duties.

(2) If both the Chairperson and the Deputy Chairperson are unable to perform their functions, then another of the members of the Commission as may be designated in that behalf by the remaining members of the Commission shall perform the functions of the Chairperson…

 

Excerpts from the Constitution of the Republic of Malawi (1994, last amended 2010)

 

Section 27 states:

(1) A person shall not be qualified to be nominated or elected as a councilor unless that person:…

• (b) is able to speak and to read the English language well enough to take an active part in the proceedings of the Council…

(2) Notwithstanding subsection (1), no person shall be qualified to be nominated or elected as a councilor who:…

• (b) is under any written law in force in Malawi, adjudged or otherwise declared to be of unsound mind;
• (c) has, within the last seven years, been convicted by a competent court of crime involving  dishonesty or moral turpitude…

 

Excerpt from the Local Government Elections Act (1996, amended 1999)

Section 33 states:

When a member of the National Assembly has been sentenced by a court to death or imprisonment for a term exceeding twelve months, is adjudged or declared by court to be of unsound mind or bankrupt, or has been convicted of any offence prescribed under this Act, it shall not be necessary for the Speaker to give notice that such member's seat has become vacant until the time for appeal against such decision has expired or, if there is an appeal, until the determination of that appeal.

 

Section 38, subsection 1 states:

…(b) evidence,  or a statutory declaration by  the candidate made before a magistrate or a commissioner for oaths, that the candidate-…

• (ii) is  able  to  speak  and  to  read  the  English  language well  enough  to take  an  active  part in  the  proceedings  of the National Assembly…

 

Excerpts from the Electoral Commission Act (1993, amended 1998)