The Judiciary is one of the three arms of Government of Malawi. The other two branches are the Executive and Legislature. The Judiciary has authority over all issues of legal nature as such it has powers to:
Review any law and any action or decision of the Government for conformity with the Constitution
To hear and determine civil cases between individuals and other individuals or groups of persons or
Institutions i.e. labour disputes, land matters, divorce.
To hear and determine civil cases between individuals or group of persons and the State
e.g. unfair dismissal, unlawful imprisonment
To hear and determine criminal cases e.g. theft, defilement, murder.
The Law Commission is an independent institution established under Chapter XII of the Constitution with powers to review and make recommendations relating to the repeal and amendment of laws for conformity with the Constitution and applicable international law and such other powers and functions as are conferred on it by the Constitution and any other Act of Parliament. Matters relating to the functional operation of the Law Commission are provided for
under the enabling Law Commission Act (Cap. 3:09) enacted in 1998
The Malawi Human Rights Commission (MHRC) is established under section 129 of the Constitution of the Republic of Malawi MHRC is competent to investigate violations of human rights on its own motion or upon complaints received from any person, class of person or body. (Section 12 of HRC Act). The duties, functions and responsibilities of MHRC are outlined in sections 13 and 14 of HRC Act.