I.   Introduction
The Malawi Supreme Court of Appeal had, prior to the 1995 Constitution of Malawi,been presided over by Judges who also sat in the High Court. The 1995 constitution of the Republic of Malawi created the Malawi Supreme court of Appeal with its own Justices of Apppeal.

II.   Composition and Organisation
The Supreme Court comprises the Chief Justice and such other number of judges not being less than 3. S.105 Constitution of the Republic of Malawi.

Currently there are 5 judges of the Supreme Court excluding the Chief Justice.

The Chief Justice is appointed by the President of the Republic of Malawi and confirmed by the Malawi National Assembly by a majority of two thirds of members present and voting. The other Judges of the Supreme court are appointed by the President of the Republic of Malawi from amongst serving judges of the High Court of Malawi on recommendation of the Judicial Service Commission. S.106 and S.111 Constitution of Malawi.

Any person is eligible for appointment as a judge of the High Court if, he or she is or has been , a judge of a court having unlimited jurisdiction in civil or criminal proceedings ; or one who is entitled to practice as a legal practitioner or an advocate in such a court and has been entitled so to practice for not less than ten years. S.112(1) Constitution of Malawi.

III.   Powers
The Supreme court of Appeal is the highest Appellate Court on all matters, civil or criminal, including Constitutional matters. It hears all appeals from the High court which has original jurisdiction over all matters, including constitutional matters. S.104(2) and S.108(1) constitution of Malawi.

On hearing an appeal, the Supreme Court of Appeal has power to confirm, vary or reverse part or the whole of the decision of the High Court appealed against. The Supreme Court of Appeal also has power to direct a new trial or hearing in the High Court of the issues on appeal. S.22 Supreme Court of Appeal Act Cap. 3:01 Laws of Malawi.

IV.   Nature and Effects of Judgments
The judgments of the Supreme Court Of Appeal are taken in majority in writing with reasons for the decisions. Any matter, not being an interlocutory one, is determined by the Malawi Supreme Court of Appeal comprising an uneven number of justices of Appeal not being less than three in number. S.105(2) Constitution of Malawi.

The judgments of the Supreme Court of Appeal are final on any matter,whether civil or criminal, including any constitutional matter in issue and are binding on all lower courts in Malawi. S.104(2) Constitution of Malawi.
Constitutional Council
The Constitutional Council is a constitutional body established under the Constitution of the Islamic Republic of Mauritania in 1991.
I.   Basic Texts
-   Constitution
-   Legal order No.: 004/92 containing the Law on the Constitutional Council.

II.   Composition

The Constitutional Council is composed of nine members.
-   3, including President of the Council, are appointed by the President of the Republic
-   3 members are appointed by the President of the National Assembly and
-   3 members are appointed by the President of the Senate
III.   Powers
"   Control of the constitutionality of laws
"   Control of elections: appeals in legislative elections and referenda
"   Advisory functions

IV.   Nature and effect of decisions
The decisions of the Council are not subject to any appeal. They are binding for all administrative and judicial authorities.