Responsibility for the Defence Force of Malawi

(1) The ultimate responsibility for the Defence Force of Malawi shall vest in the President as Commander-in-Chief. (2) There shall be a Commander of the Defence Force of Malawi who shall be appointed by the President. (3) The Commander of the Defence Force of Malawi shall, in the day to day management of the Defence Force, be accountable to the Minister responsible for defence in whom shall vest political responsibility for the Defence Force of Malawi. (4) Any power conferred on the President by virtue of this Chapter shall only be exercised on the recommendation of Defence Council which shall be constituted under an Act of Parliament and which shall include the Minister responsible for Defence and the High Command of the Defence Force of Malawi and which shall have— (a) the power to determine the operational use of the Defence Force of Malawi; (b) the power to appoint and remove from office senior officers and other members of the Defence Force of Malawi; and (c) such other powers and duties as may be prescribed by an Act of Parliament. (5) All powers conferred by subsection (4) shall be exercised subject to the scrutiny of a Defence and Security Committee of the National Assembly established by section 162 . (6) The Defence Council may, by directions in writing and subject to such conditions as may be laid down by an Act of Parliament or as are adopted by the National Assembly on the recommendation of the Defence and Security Committee of the National Assembly, delegate to any member of the Defence Force of Malawi any of the powers conferred on the Defence Council by an Act of Parliament. (7) Where it is necessary to deploy any part of the Defence Force of Malawi to counter a threat to Malawi or to any of its allies, the President shall declare a state of national defence and shall inform the National Assembly promptly and in appropriate detail. (8) If a declaration of a state of national defence made under subsection (7) is not approved by the National Assembly within seven days after the declaration, the state of national defence shall lapse immediately after fourteen days. (9) Where the National Assembly is not sitting at the time of the declaration of a state of national defence, the President shall summon an extraordinary meeting of the National Assembly within seven days to inform the National Assembly of the declaration. [13 of 2001; 4 of 2004]