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TOPIC 10: CONSTITUTION
A constitution is a set of rules for governing a country. It defines how the government operates, the rights of citizens, and the structure of the state.
TYPES OF CONSTITUTIONS
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Written or Documentary Constitution
- Definition: A document or book that contains all main rules and regulations for governing a country.
- Advantages:
- Provides a legal document for guidance, reducing mistakes.
- Easy for government and public to review government operations and performance.
- Clear roles and responsibilities among government departments.
- Disadvantages:
- Less flexible for interpretation by judges.
- Difficult to amend or remove outdated provisions.
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Unwritten or Non-Documentary (Uncodified) Constitution
- Definition: A constitution whose principles and laws are not written in a single document. Rules are found in various sources such as legislation, customs, and conventions.
- Advantages:
- Flexible for judicial interpretation.
- Easier to change to address new situations or remove bad rules.
- Disadvantages:
- Government operations can become unclear.
- Harder for government and public to ensure rules are observed.
COMMON FEATURES OF CONSTITUTIONS
- Supreme Law of the Land: All other laws must conform to it.
- Sovereign Status: Defines the sovereignty of the state.
- National Territory: Describes the geographical boundaries of the country.
- Bills of Rights: Protects fundamental rights of citizens.
- Authority: Government derives authority from the people and has legal protection.
- Dispute Resolution: Procedures for resolving constitutional disputes.
WAYS OF MAKING CONSTITUTIONS
- Consultative Meetings: Involving various stakeholders such as politicians, lawyers, traditional leaders, and the public.
- Dictatorial: Written by a small group or a dictator.
- Unwritten: Developed over time from various sources.
FACTORS THAT INFLUENCE CHANGES IN THE CONSTITUTION
- Changes in Political System: For example, Malawi’s shift to multi-party politics.
- Societal Changes: Such as lowering the voting age.
IMPORTANCE OF AMENDMENTS/CHANGES
- Up-to-Date Rules: Ensures rules are current.
- Effective Operation: Enhances the functionality of the constitution.
- Removes Ambiguities: Clarifies and resolves inconsistencies.
MAIN FEATURES OF THE CONSTITUTION OF MALAWI
- Supremacy: All laws in Malawi must conform to it.
- Sovereignty: Defines Malawi’s sovereignty.
- National Territory: Describes Malawi’s geographical boundaries.
- Freedoms Protection: Safeguards the freedoms of Malawians.
- Authority: Derives authority from the people.
- Government Structure: Details powers, limits, and responsibilities of government officials.
SYMBOLS OF NATIONAL IDENTITY
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National Flag:
- Description: Three horizontal bands of black, red, and green.
- Symbolism:
- Black: Represents black people.
- Red: Symbolizes the blood of those who fought for freedom.
- Green: Represents Malawi’s evergreen nature.
- Rising Sun: Symbolizes the dawn of freedom.
- Display: Government offices, schools, hospitals, and embassies.
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National Anthem:
- Description: A song for official occasions and international events.
- Composer: Mr. Lawrence Sauka.
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Coat of Arms:
- Description: Features the fish eagle, Mulanje Mountain, a lion, and a leopard.
- Motto: “Unity and Freedom.”
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Public Seal:
- Description: The official stamp of the President.
- Usage: Stamped on important official documents.
KEY PRINCIPLES OF MALAWI’S CONSTITUTION
- Lawful Authority: Leaders must exercise power within legal bounds and avoid abuse.
- Will of the People: Authority must serve and protect the interests of the people.
- Trust in Government: Government should be open, accountable, and transparent.
- Universal Suffrage: Authority comes from the people through voting.
- Rule of Law: Everyone, including the President, is subject to the law.
PRINCIPAL ORGANS OF GOVERNMENT
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The Executive:
- Composition: President, Vice President, Cabinet Ministers, Attorney General, and Director of Public Prosecution.
- Function: Makes decisions on running the country.
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The Legislature:
- Composition: Parliament, consisting of the State President and the National Assembly.
- Functions: Enacts laws reflecting the will of the people.
- Leadership: Headed by the Speaker and two Deputy Speakers.
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The Judiciary:
- Composition: Courts and officials including the Chief Justice, judges, and magistrates.
- Functions: Interprets, protects, and enforces laws.
- Principle: Separation of powers among the three branches of government.
CONSTITUTIONAL CHANGES
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1966:
- Malawi became a Republic with Kamuzu Banda as head of state.
- Transition to a one-party state with MCP as the sole legal party.
- Bill of Rights was removed.
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1969-1971:
- Extended presidential term to life.
- Increased constituencies from 50 to 60.
- President gained powers to appoint MPs.
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1993-1995:
- Introduction of multi-party democracy.
- Reinstatement of the Bill of Rights.
- Restoration of constitutional supremacy and judicial independence.
- Regular and fair elections.
- Emphasis on rule of law, transparency, and accountability.
TOPIC 11: PEACEFUL CO-EXISTENCE
Peaceful co-existence refers to the ability of people to live together in a society in harmony and without conflict.
HISTORY OF PEACEFUL CO-EXISTENCE IN MALAWI
- Resistance Against Colonialism (1896 – 1964): Struggle for independence and unity among Malawians against colonial rule.
- One-Party Rule (1964 – 1994): Period of centralized power under a single party, with limited political freedom.
- Democratic Era (1994 – Present): Transition to multiparty democracy, emphasizing unity and collective effort to achieve democratic governance.
FACTORS THAT CONTRIBUTE TO PEACEFUL CO-EXISTENCE
- Humanity: Treating each other with respect and understanding as fellow human beings.
- Contact and Dialogue: Engaging in discussions and negotiations to resolve disagreements.
- Unity of Purpose: Working together towards common goals, often guided by shared values or religious beliefs.
- Following Rules: Adhering to laws and regulations that promote social order and mutual respect.
IMPORTANCE OF PEACEFUL CO-EXISTENCE
- Promotes Harmony and Stability: Creates a stable environment where individuals and communities can thrive.
- Leads to Sustainable Development: Facilitates long-term growth and progress by fostering a cooperative atmosphere.
- Encourages a Culture of Contact and Dialogue: Builds a foundation for resolving conflicts peacefully and maintaining social cohesion.
TOPIC 12: CONFLICTS
Conflict refers to misunderstandings, disagreements, or quarrels between individuals or groups.
TYPES OF CONFLICTS
- Political Conflicts: Arise from differing political ideologies or disputes between political parties.
- Social Conflicts: Stem from differences among ethnic, racial, or gender groups.
- Religious Conflicts: Occur due to differences in religious beliefs or practices.
- Economic Conflicts: Emerge over competition for resources or economic disparities.
CAUSES OF CONFLICTS IN THE COMMUNITY OR NATION
- Land Disputes: Disagreements over land ownership or use.
- Religious Differences: Conflicts arising from divergent religious beliefs.
- Differences in Political Ideologies: Disputes between political factions or leaders.
- Economic and Social Differences: Inequalities in wealth or social status.
- Cultural Differences or Ethnic Rivalry: Tensions between different cultural or ethnic groups.
- Gender Inequality: Discrimination based on gender, leading to conflicts.
EFFECTS OF NATIONAL CONFLICTS
- Famine: Reduced food production leading to shortages.
- Destruction of Life and Property: Damage to homes, schools, and infrastructure.
- State of Insecurity: Fear and instability due to lack of peace.
- Refugee Problem: Displacement of people leading to refugee crises.
- Violation of Human Rights: Exploitation and abuse in conflict situations.
- Spread of Epidemic Diseases: Health crises due to damaged water supplies and sanitation.
WAYS OF AVOIDING CONFLICTS IN MALAWI
- Promoting Good Governance: Ensuring transparent and accountable leadership.
- Electing Effective Democratic Leaders: Choosing leaders who represent diverse interests and foster unity.
- Promoting Contact and Dialogue: Encouraging communication and negotiation to resolve disputes.
- Promoting Inclusion and Peace Education: Educating the public on tolerance, diversity, and peaceful coexistence.