n Malawi Law Journal - A comparative analysis of the constitutional frameworks of democracy building institutions in Malawi and South Africa




This article makes a comparative analysis of the constitutional frameworks of the institutions that strengthen constitutional democracy in Malawi and South Africa. It spells out the background to the establishment of these institutions and stresses their significance in a constitutional democracy. It addresses the recent proposal to amalgamate these institutions in South Africa and concludes that such amalgamation may be appropriate in respect of just a few of these institutions such as the Human Rights Commission and the Commission on Gender Equality. A similar recommendation is made with regard to Malawi in respect of the office of the Ombudsman and the Human Rights Commission. An analysis of the constitutional provisions concerning the mandate, independence and accountability of these institutions reveals that the South African Constitution is more precise and specific than the Malawian one.


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