Malawi reverted to multiparty politics in 1993.1 A new Republican Constitution,2 (the
Constitution) with a Bill of Rights was provisionally adopted on 18 May 1994 and it entered into
force on 18 May 1995.3 Chapter 3 thereof deals with fundamental principles upon which the
Constitution is founded and Principles of National Policy (PNP). Section 13(c) of the Constitution
which falls under the PNP deals with health. It is to the effect that ‘the State shall actively
promote the welfare and development of the people of Malawi by progressively adopting and
implementing policies and legislation aimed at achieving adequate healthcare, commensurate
with the health needs of Malawian society and international standards of healthcare’. According
to section 14 of the Constitution, PNP are only directory in nature. Courts are obliged to have
regard to them in the interpretation and application of the Constitution or any other law or in the
determination of the validity of executive decisions. In the light of the foregoing, arguably, the
right to health is not justiciable under the Constitution.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Ben K. Twinomugisha of the Faculty of Law, University of Makerere. 2010.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.