The Inspectorate of Prisons

(1) There shall be an Inspectorate of Prisons which shall have such powers, functions and duties in relation to the Malawi Prisons Service as are conferred on it by this Constitution or an Act of Parliament. (2) The Inspectorate of Prisons shall exercise its powers, functions and duties independent of any direction or interference by any other person or authority. (3) The Inspectorate of Prisons shall— (a) be charged with monitoring the conditions, administration and general functioning of penal institutions taking due account of applicable international standards; (b) have such powers as shall be required for it to make investigations and shall have the power to require any person to answer questions relating to such subjects as are relevant to those investigations; (c) have the power to visit any and all institutions within the Malawi Prisons Service with or without notice and without let or hindrance; and (d) exercise such other powers as may be prescribed by an Act of Parliament. (4) The Inspectorate of Prisons shall cause to be laid before the National Assembly such reports as the Inspectorate of Prisons may make and such reports shall be so laid through the Minister responsible for Prisons in the form of a motion for acceptance of the recommendations of the Inspectorate of Prisons. (5) Where the recommendations of the Inspectorate of Prisons require amendment to any law, the Minister shall lay before Parliament those recommendations in the form of a Bill. (6) The powers conferred on the Inspectorate for Prisons by this section shall also be exercisable by the Inspectorate of Prisons with respect to holding cells in police stations. [13 of 2001]