SOCETY NEWS

Malawi Law Society represented at Government Constitutional Review Conference

Members of the Malawi Law Society (MLS) who attended the Government Constitutional Review Conference were: Mr. Mabvuto H. Hara (President), Mrs. Rosemary Kanyuka, Mr. Rowland Mbvundula, Mr. George Bakuwa, Mr. Kalekeni Kaphale, Mr. Shepher Mumba, Mr. Justin K. Dzonzi, Mrs. Linda Kabwato-Ziyendam'manja, Mr. Tonda Chinangwa, Mr. Redson Kapindu, Mr. Marshal Chilenga, Ms Sara Nayeja, Ms Phoebe Chikungwa and Ms Thoko Chimbe.

A Consultation Paper and an Issues Paper prepared by the Commission were discussed at the conference and can be accessed from their website: www.lawcom.mw. The following were some of the crucial and burning issues with regard to which the MLS, needs to give strong views to the Commission in order to assist with the formulation of proper and relevant amendments to the Constitution: (a) Proposed abolition of the death penalty; (b) proposed amendment of the 48-hour rule; (c) proposed establishment of a Constitutional Court; (d) re-enactment of the Recall Provision; (e) Crossing the Floor; and the Office of the Attorney General.

Papers were presented by the following: Dr Msaiwale Chigawa - Fundamental Values of the Constitution of Malawi, Bishop James Tengatenga - Towards a Community of Character: Constitutionalism in Malawi, Professor Christopher Forsyth - Relationship between the Legislature and Executive Suitable for the Circumstances of Malawi, Justice Dr. Jane Ansah - The 1994 Malawi Constitution and the Role of the Judiciary, Mr. Anthony Kamanga - Amendments to the Constitution since 18th May 1994, Dr. Dennis Venter - Elections and Electoral systems in Emerging Democracies: A Case for Electoral Systems Re-Design in Malawi, Professor Gerhard Erasmus - The Bill of Rights: Human Rights Under the Malawi Constitution, Mr. Rafik Hajat - Inbuilt Defence Mechanism to Safeguard the Security of the Constitution: Challenges and Opportunities, Professor Peter Mutharika - Some Thoughts on Managing the Malawi Constitution

There were also live presentations by selected special interest groups such as The Youth, People with Disabilities, Parliamentary Women Caucus and the Civil Society.

The Society's own conference on the review of the Constitution will be held on 30th June - 1st July 2006 at Shire Highlands Hotel so that a comprehensive submission can be prepared and presented to the Commission. This is useful because the material we will submit could be relied upon to guide the deliberations of the delegates who will convene at the second National Constitutional Review Conference planned to take place in August 2006.