Offices to which this Chapter does not apply

(1) This Chapter shall not apply where this Constitution has otherwise provided for the appointment or removal of a civil servant or other public appointee, or to appointments that are regulated by the Judicial Service Commission, the Police Service Commission, the Prisons Service Commission, by provisions relating to appointments in the Defence Force of Malawi nor shall it apply to the following offices— (a) the Chief Justice, the Attorney General and Director of Public Prosecutions; (b) such personal staff of the President as he or she shall determine subject to approval of the Public Appointments Committee or as an Act of Parliament may allow; (c) the Secretary to the Cabinet; (d) Ambassadors, High Commissioners and other principal diplomatic staff, within the meaning of section 190 ; (e) the High Command of the Defence Force; (f) the Inspector General of Police; (g) the Chief Commissioner of Prisons; (h) the office of a Principal Secretary; (i) such other public office of sufficient seniority as may be prescribed by an Act of Parliament. (2) Unless otherwise provided by this Constitution or by an Act of Parliament, the power to appoint persons to the public offices specified in paragraphs (a) to (i) of subsection (1) shall vest in the President. (3) In any case where the Civil Service Commission, the President or any other authority has the power of appointment of the Clerk or the Clerk-Assistant to the National Assembly, before exercising that power, the Commission, the President or any such other authority shall consult the Speaker of the National Assembly. [4 of 2001; 13 of 2001] [4 of 2001; 13 of 2001; 4 of 2004]