Population with a disabilityaccording to World Health Organization’s 15% estimate
Ratified the Convention on the Rights of Persons with Disabilities
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
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…
Section 51, subsection 2 states:
Notwithstanding subsection (1), no person shall be qualified to be nominated or elected as a Member of Parliament who:…
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:
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—
(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—
(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--…
(3)Notwithstanding subsection (2), no person shall be qualified to be appointed as a Minister or Deputy Minister who--…
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—
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—
(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—
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—
Section 151, subsection 2 states:
…The term of office of a member of the National Local Government Finance Committee shall expire--…
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—
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—
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—
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…
Section 27 states:
(1) A person shall not be qualified to be nominated or elected as a councilor unless that person:…
(2) Notwithstanding subsection (1), no person shall be qualified to be nominated or elected as a councilor who:…
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-…