Report of the Law Commission on the Review of the Chiefs Act

This report presents the findings and recommendations of a special Law Commission tasked with reviewing the Chiefs Act (Cap. 22:03) following submissions from the Ministry of Local Government and Rural Development and the Malawi Safety, Security and Access to Justice (MaSSAJ). The Commission's mandate was to develop a new legislative framework for chieftaincy that promotes democratic principles, transparency, and accountability, and incorporates lessons from other common law jurisdictions in the SADC region. The methodology involved public consultations, scrutiny of the Act, and study visits to Namibia and Zambia. The report finds that the Act's provisions on appointment and removal of chiefs are prone to political manipulation, and recommends limiting the President's role to mere recognition. It also addresses issues such as the definition of a "traditional leader," the creation of villages, emoluments, and disciplinary mechanisms. A key recommendation is the establishment of an independent council for traditional leaders to regulate and manage their affairs. The report also advocates for gender equality in traditional leadership.