Malawi Constitution 1994, as amended 1998

Published: 18/May/1994

Act No. 20 of 1994, amended by Acts 31 of 1994, 6 of 1995, 7 of 1995, 1 of 1997, and 38 of 1998.

Article 23 provides:

Rights of Children

1.    All children, regardless of the circumstances of their birth, are entitled to equal treatment before the law.
2.    All children shall have the right to a given name and a family name and the right to a nationality.

Article 24 provides:

Rights of women

1.  Women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status which includes the right–
(a) to be accorded the same rights as men in civil law, including equal capacity–
(iv) to acquire and retain citizenship and nationality.

Article 47 provides:


1.    Every person who, immediately before the appointed day, was a citizen of Malawi under any existing law shall continue to be a citizen of Malawi after the appointed day.
2.    An Act of Parliament may make provision for the acquisition or loss of citizenship of Malawi by any person after the appointed day, but citizenship shall not be arbitrarily denied or deprived.
3.    In this section, the expression –
a.    “acquisition of citizenship” includes acquisition by birth, descent, marriage, registration, naturalisation or any other means prescribed by an Act of Parliament; and
b.    “loss of citizenship” includes loss by deprivation, renunciation or any other means prescribed by an Act of Parliament.

Article 80:

  1. Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-President if that person
    1. is a citizen of Malawi by birth or descent; and
    2. has attained the age of thirty-five years.

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Themes: Acquisition of nationality, Loss and Deprivation of Nationality, Nationality of Politicians
Regions: Malawi
Year: 1994