Constitution of the Republic of Malawi
Vacancy
Chapter IX The judicature
- Jurisdiction
- Malawi
- Provision
- 113
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(1) If the office of Chief Justice is vacant, or if the Chief Justice for any reason will not perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding that office has resumed those functions, as the case may be, those functions shall be performed by the most senior judge then sitting on the Supreme Court of Appeal, or in the event that a Supreme Court judge is not available, then, by the most senior judge sitting on the High Court, appointed by the President after consultation with the Judicial Service Commission. (2) If any judicial office is vacant or if any judge is appointed to act as Chief Justice, or is for any reason unable to perform the functions of his or her office, the President, on the recommendations of the Judicial Service Commission, may appoint a person qualified for appointment to that judicial office under this section to act in that office.
Source record
Source and verification
Constitution of the Republic of Malawi · malawilii.org · Retrieved 17 August 2026.
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