Report on the Review of the Public Health Act

A comprehensive review of Malawi's Public Health Act (Cap. 34:01) was undertaken to modernize the law and align it with the Constitution and international best practices. The original Act, enacted in 1948, predated the Constitution and had been overtaken by legislative, policy, and scientific advancements. This review, requested by the Ministry of Health, sought to address deficiencies and implementation challenges arising from inconsistencies with the Constitution. The Law Commission found that the Constitution does not explicitly provide for the right to health, only for it as a principle of national policy and for access to basic health services under the right to development. The report recommends that the right to health be expressly provided for in legislation. It also addresses issues such as inadequate public sanitation facilities, legislative regulation of food handlers, ethical issues including consent and confidentiality, and substance abuse. The report's recommendations are a result of extensive work, including a comparative study, focus group discussions, and regional and national workshops with stakeholders.