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Business law in Malawi

Legal Framework

Independence of Justice
The Constitution states that "the judiciary shall have the responsibility of interpreting, protecting and enforcing the Constitution and all laws and in an independent and impartial manner with regard only to legally relevant facts and the prescriptions of law".
In general, judges are independent, however the overall perceptions of judicial independence are still weak. The appointments process in particular is still opaque and sometimes influenced by the government; this undermines judicial legitimacy.
Equal Treatment of Nationals and Foreigners
Foreigners are formally granted equal treatment as citizens. According to art. 20 of the constitution, "Discrimination of persons in any form is prohibited and all individuals are, under any law, guaranteed equal and effective protection against discrimination on grounds of race".
Malawi's legal system is considered to function fairly well and is generally unbiased, though often slow.
The Language of Justice
Recourse to an Interpreter
Courts provide interpretation services.
Sources of the Law and Legal Similarities
The legal system of Malawi is based on English law. The main sources of law are the Constitution of 1994, legislation and international law. The other sources of law include the common law, customary law and religious law.
Checking National Laws Online
Malawi Legal Information Institute

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Latest Update: May 2024

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