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Objectives
| Governing Instruments
| Committees| Activities
The Law Society works through Committees and is required to hold
elections not later than 28th February of each year at which committee
members and officers are elected. The Society currently has the
following committees:
Executive
Committee
The Executive Committee consists of the President, Vice President,
Secretary, Treasurer and three other Executive members. It is elected
by members during the Annual General Meeting.
Disciplinary
Committee
The Disciplinary Committee consists of the Solicitor General, and
two other elected members of the Law Society. Its functions are
to inquire into the conduct of legal practitioners either at the
request of the High Court, or pursuant to a complaint by members
of the public.
Capacity
Building Committee
The Capacity Building Committee works on projects to build the capacity
of the Law Society in achieving its objectives. Since 2004, the
Society has been working in partnership with the International Bar
Association on a capacity building project funded by the Open Society
Initiative for Southern Africa.
Continuing
Legal Education (CLE) Committee
The CLE Committee is responsible for developing a CLE programme
for the legal profession and arranging conferences, workshops and
seminars on a range of practise areas.
Publications
Committee
The Publications Committee is responsible for receiving and editing
contributions for The Malawian Lawyer, the Society's bi-monthly
newsletter and for other Society publications.
Legal
Aid Committee
The Legal Aid Committee oversees the development and running of
the Society's Legal Aid Project.
Human
Rights and Constitutional Law Committee
The HRCL Committee is tasked to consider pressing human rights and
constitutional law issues in Malawi. It is also responsible for
studying current and proposed new legislation affecting human rights
in Malawi, as well as topical human rights and constitutional law
cases and if necessary, provide an analysis of judgments. In addition,
through participating in law reform, taking on test cases and advocating
for human rights, the HRCL Committee will aim to bring about a change
in law, policy, practice or procedure which infringes on individual
and group rights. It will also establish links and work with civil
society groups involved in the advancement of human rights.
Law
Reform Committee (LRC)
The LRC is responsible for studying new draft legislation and produce
any necessary submissions on behalf of the MLS. It will also consider
current legislation, which may be in need of reform, and make any
necessary proposals. The LRC also ensures that the MLS remains abreast
of new laws passed by Parliament and that the MLS continues to be
consulted on law reform issues where appropriate. Where necessary,
the LRC liaises with other sub-committees.
Intellectual
Property (IP) Committee
The IP Committee monitors developments (legislative as well as other
trends locally and internationally) in the area of intellectual
property, with a view to assessing the effect on the legal position
in Malawi. The Committee should participate, as far as necessary,
on behalf of the MLS in initiatives and projects having a bearing
on intellectual property. It meets as and when required to consider
and assess issues within the area of, or impacting on, intellectual
property, to draft and submit comments as and when deemed necessary,
or to recommend other appropriate action.
International
Law Committee
The International Law Committee considers Malawi's obligations under
international law. More specifically, it is tasked with considering
which treaties have been signed and/or ratified and where necessary,
advocates for Malawi becoming a signatory and/or taking the required
steps for ratification.
International
Trade (IT) Committee
The IT Committee is tasked with considering the General Agreements
on Trades and Services (GATS) and to determine what progress, if
any, has been made by Malawi in preparing for, and formulating a
position in regard to negotiations regarding GATS (insofar as it
applies to legal services) in the context of World Trade Organisation
(WTO) negotiations. It will also study legal developments in Malawi
relating to international trade, comment on developments and participate
in the formulation of law and policy with regard to legal services
relating to international trade.
Environmental
Affairs Committee
The EA Committee is tasked with considering Malawi's international
law obligations in respect of protecting the environment and whether
Malawi is complying with these obligations. It should also study
existing domestic legislation and proposed new legislation, which
will impact on the environment and where necessary comment on such
legislation and participate in law reform or development of law
in this area.
Commercial
and Corporate Affairs Committee
The CCA Committee will considers legal developments relating to
commercial and corporate law. It should comment on developments
and participate in the formulation of law and policy with regard
to commercial and corporate services and their regulation.
Gender,
Child and Family Affairs Committee
There are an increasing number of issues which particularly affect
women and children in Malawi and the family situation. Although
women and children's rights are important human rights, due to current
developments in Malawi, it is considered that they require special
attention and a dedicated committee to regularly consider the situation
for women and children in Malawi and how this can be improved through
public statements, advocating for law reform or working with civil
society groups, international NGOs and organisations. The Committee
also considers law, policy and practice in Malawi which specifically
impacts on the situation of the family and how these can be improved
to not only promote women and children's rights but also the right
to family life.
Fidelity
Fund and Professional Indemnity (FFPI) Committee
In many jurisdictions, members of the public are protected by the
existence of a Fidelity Fund and Professional Indemnity Insurance
if they face hardship as a result of their lawyer's actions or if
their lawyer has been negligent causing them loss. The MLS is proposing
the establishment of a Fidelity Fund and the introduction of mandatory
Professional Indemnity Insurance in the future to ensure that the
public are protected from problems they may face due to the conduct
of their lawyer. The FFPI Committee will consider how a Fidelity
Fund can be set up and how Professional Indemnity Insurance can
be introduced.
Objectives
| Governing Instruments
| Committees| Activities
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