CHAPTER XVII - PRISONS
| Section 163 | Words establishing the Malawi Prisons Service have been omitted and do need to be inserted so that the section starts to read as follows- |
| "163. There shall be the Malawi Prisons Service which shall consist of all penal institutions, labour camps, special or secure schools and other institutions that are used to house, detain and rehabilitate persons sentenced to imprisonment in whatever form such imprisonment may take, but shall not include holding cells in police stations.". | |
| Section 167 (5) (b) | The phrase "persons in sufficient interest" should read "persons with sufficient interest". |
| Section 168 Subsection (2) | The concept of disqualifying police officers from appointment as members of the Police Service Commission should extend to prison officers with respect to membership on the Prison Service Commission. |
| Accordingly, it is recommended to add to subsection (2) of section 168, after the word Parliament, the word "or, save as provided under subsection (1) (e), an officer of the Malawi Prisons Service". As amended, subsection (2) would read a follows- | |
| "(2) A person shall not be qualified for appointment as a member of the Prison Service Commission if he or she is President, Vice President, a Minister or Deputy Minister, a Member of Parliament or, save a provided in subsection (1) (e), an officer of the Malawi Prisons Service.". | |
| Subsection (3) | In the proviso to this subsection, the exception created should extend to other prison officers apart from the Chief Commissioner for Prisons since, in terms of section 168 (1) (e), it is not only the holder of this office that may be appointed to the Prison Service Commission from within the staff structure of the Malawi Prisons Service. A similar exception has been provided for in the case of the Police Service Commission. |
| The proviso should read more correctly as follows-
"Provided that paragraph (a) shall not apply where the member in question still holds the office of Chief Commissioner for Prisons or other office in which behalf that person was appointed to the Prisons Service Commission under subsection (1) (e).". |
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| Section 169 Subsection (1) | The word "of" appearing after the words "Malawi
Prisons Service" should be deleted. The subsection should read more correctly
as follows-
"(1) There shall be an Inspectorate of Prisons which shall have such powers, functions and duties in relation to the Malawi Prisons Service [delete of] as are conferred on it by this Constitution or an Act of Parliament.". |
| Section (3) (a) | The phrase "penal instructions" should read "penal institutions". |
| Section 170 Subsection (1) (c) | This provision excludes the Chief Commissioner
for Prisons, as a member of the Prisons Service Commission, from membership
on the Inspectorate of Prisons.
It is to be noted, however, that any other officer of the Malawi Prison Service may be appointed to the Prisons Service Commission instead of the Chief Commissioner for Prisons. Therefore, whether it is the Chief Commissioner for Prisons or any other prison officer, the exclusion from membership on the Inspectorate of Prisons should similarly apply. The philosophy behind the exclusion seems to be to avoid overloading the membership of the Inspectorate of Prisons with the staff of the Malawi Prison Service, the very class of personnel whose work is to be scrutinized by the Inspectorate. |
| It is recommended to amend subsection (1) (c) to read as follows- | |
| "(1) The Inspectorate of Prisons shall consist
of the following members-
....... ....... (c) such member of the Prison Service Commission, other than the Chief Commission for Prisons or other person nominated under section 168 (1) (e), as shall from time to time be nominated in that behalf by that Commission; (d) .......
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| Subsection (2) | The phrase "approved of by the membership of the Inspectorate of Prisons" should have the word "of" omitted. |