The Chief Commissioner for Prisons

(1) There shall be a Chief Commissioner for Prisons who shall be responsible for the Malawi Prisons Service and whose office shall be a public office with such powers, functions and duties as are conferred on it by this Constitution and an Act of Parliament. (2) The principal responsibilities of the Chief Commissioner for Prisons shall be to ensure the proper and efficient administration of the penal institutions that comprise the Malawi Prisons Service, subject to and in accordance with— (a) the protection of rights and other provisions of this Constitution or any other law; (b) the recommendations of the Prisons Service Commission and the Inspectorate of Prisons in accordance with an Act of Parliament; and (c) the directions of the courts in relation to persons convicted by the courts to a sentence of incarceration or penal servitude within a penal institution, or incarcerated by the courts pending execution of the sentence of the courts, or awaiting sentence by the courts or otherwise on remand to the custody of the Prisons Service or being held on behalf of the Malawi Police Service in connexion with any law. (3) Save as provided in this section, in the exercise of the duties and powers vested in the office of the Chief Commissioner for Prisons by this Constitution or any other law, the person holding that office shall not be subject to the direction or control of any other person or authority, other than as prescribed in this Constitution and an Act of Parliament.