Summary
Overview
Work history
Education
Skills
Affiliations
Personal Information
Custom
Languages
Certification
References
Timeline
Hi, I’m

Gertrude Lynn Hiwa, SC

Lilongwe
Gertrude Lynn Hiwa, SC

Summary

Mrs. Gertrude Lynn Hiwa, SC is a lawyer admitted to the Bar with almost thirty (30) years' experience in diverse fields of law, including: legislative drafting, law reform and development, providing legal advice, civil litigation, prosecution and serving as a board member on parastatals and private sector.
In August 2012 Mrs. Hiwa was conferred the honour of Senior Counsel (SC) by the State President.
Mrs. Hiwa started her career as a State Advocate at the Ministry of Justice in October 1992. Her work involved representing Government in civil litigation, prosecuting criminal cases and giving legal advice to Government Ministries.
In July 1994 she was seconded to the Office of the President and Cabinet where her work included: servicing the Cabinet, drafting Cabinet Minutes, drafting Cabinet Directives, servicing the Cabinet
Committee on Legal and Parliamentary Affairs and carrying out
general administrative work for the Cabinet Office.
In October 1994 to December 1995 Mrs. Hiwa studied for a Master’s degree (LL.M) in Legislative Drafting, with minors in Administrative and Constitutional Law. She was awarded her LL.M in May 1996.
She completed the secondment at the Office of the President and Cabinet in July 1996 and returned to the Ministry of Justice. Later that year she joined the Drafting Section. Her work included: drafting legislation, drafting and vetting various legal documents, providing legal advice to Government Ministries and Departments, representing the Ministry at various fora such as meetings, workshops, seminars; representing the Solicitor General and Secretary for Justice as an ex−officio member on various statutory bodies, being the Government legal advisor at negotiations with cooperating partners such as the World Bank, Kuwait Fund, International Fund for Agricultural Development and Organization of Petroleum Exporting Countries. From July 2006 to June 2007 she acted as the Solicitor General and Secretary for Justice.
From July 2006 to 23 June 2008 Mrs. Hiwa was the Head of Drafting Section in the Ministry of Justice which meant that she was in charge of the legislative programme in Malawi.
Mrs. Hiwa has also written papers and presented the same at various fora and been a facilitator at some fora.
Since 24 June 2008 until 7 August 2018 Mrs. Hiwa was the Law Commissioner, heading the Malawi Law Commission. During the same period, Mrs. Hiwa was also a member of the Malawi Human Rights Commission by virtue of her position as Law Commissioner.
Mrs. Hiwa was the Solicitor General and Secretary for Justice from 8th August, 2018 until 25th September, 2020. As Solicitor General and Secretary for Justice, Mrs. Hiwa worked in various capacities and roles and undertook diverse responsibilities as outlined in detail above.
Since September 2020, Mrs. Hiwa's designation is Principal Secretary in the Office of the President and Cabinet (though not in post).
Apart from the various positions Mrs. Hiwa has held, she has also undertaken several consultancies, either as an individual or working with other experts.
In 2021 Mrs. Hiwa was engaged by the Malawi Millennium Development Trust to provide Consultancy Services on the Review of the Draft Malawi Compact II Developing Funding Agreement between the Government of Malawi and the Millennium Challenge Corporation. Among other things, Mrs. Hiwa's task was to review and provide answers to the initial due diligence questions relating to the proposed Compact. Mrs. Hiwa successfully and competently executed the Consultancy with the Malawi Millennium
Development Trust.
Mrs. Hiwa has wide experience in management due to the various positions she has held.
8.1

Overview

31
years of professional experience
5
years of post-secondary education
1
Certification

Work history

Government of Malawi - Office of the President and Cabinet

Principal Secretary

Multiple

Legal consultant
02.1998 - Current

Job overview

1.
Worked with Deloitte and Touché on the contracts they had with the Privatisation Commission on assignments relating to Privatisation of Meru Livestock Centre, Bwemba Dairy Farm, Choma Poultry Centre and Mchenga Cattle Holding Ground,
1998.
2.
Worked on Sanitation and Waste: Legal Component for Environmental Affairs Department, 1998.
3.
Worked on Capacity Development for the Environment for Environmental Affairs Department, 2000.
4.
Worked with the Department of Animal Health and Industry: Reviewing and Drafting amendments to the Milk and Milk Products Legislation, 2001.
5.
Worked with the Ministry of Agriculture and Irrigation on the handover of Lifuwu Irrigation Rice Scheme to Lifuwu Cooperative Society, 2002.
6.
Worked with the Human Rights Trust of Southern Africa on harmonization of anti−corruption Legislation in Southern Africa, 2002.
7.
Worked with Consumer Association of Malawi and the Ministry of Trade and Industry on the development of Consumer Protection Law, 2002−2003.
8.
Worked with COMESA on Research on Legislation on Medicines, Pharmaceutical Products, Public Health and Intellectual Property Legislation on Health in Malawi, 2003.
9.
Worked with the Decentralization Secretariat on Comprehensive Review of the National Decentralization Policy and Local Government Act, Cap. 22:01, 2003.
10.
Worked with the Secondary Centres Development Programme, developing Model By−Laws for Markets and Vending, 2003.
11.
Worked with the Department of Information Systems and Technology Management Services on drafting Information and Communications Technology Bills, 2003.
12.
Worked with the Ministry of Agriculture on Loan Agreements between Government and the Shire Valley Cane Growers Trust, November 2004.
13.
Worked with the Secondary Centres Development Programme, developing Model By−Laws on Transport and Traffic, October 2004.
14.
Worked with the Smallholder Flood Plains Development Programme on
Handover Agreements between Government and Water Users Associations of Irrigation Schemes, 2005.
15.
Worked with the Common Market for Southern and Eastern Africa (COMESA) in Trade in Services, 2005.
16.
Drafted over the years constitutions for several organizations, including:
(a)
model constitution for the National Youth Council for use of upcoming youth associations;
(b)
Constitution for Malawi Water Partnership;
(c)
Constitution for the Malawi Interfaith Aids Association
(d)
Constitution for Likondwa Women’s Ministry;
(e)
Constitution for Progressio (Malawi Country Office); (f) Constitution for Environmental Association of Malawi; and (g) Constitution for Institution for Environmental Professionals.
17.
Worked with Technical Entrepreneurial Vocational Education Training Authority on the Development of Technical Entrepreneurial Education and Training (Registration off Education and Training Institutions) Regulations, 2006.
18.
Worked on Water Resources Management Legislation for the Ministry of Irrigation and Water Development, 2007−2008.
19.
Worked on the Review of Fisheries Conservation Management Legislation, 2009.
20.
Worked with the Ministry of Agriculture and Food Security on the Development of the Cotton Bill, 2007−2011.
21.
Worked with the National Local Government Finance Committee to Review the Draft Constitution (Amendment) Bill and the Draft National Local Government Finance Commission Bill, 2010.
22.
Worked with Water, Waste and Environment Consultants on the Development of a Policy and Review By−Laws on Solid Waste Management, for the Lilongwe City Council, 2012.
23.
Worked with the African Union on the Development of Model Law for the Protection of Culture Property, 2016−2018.

Government of Malawi - Ministry of Justice

Solicitor General and Secretary for Justice
08.2018 - 09.2020

Job overview

1.
Working as one of the law officers to the Government.
2.
Working as Senior Legal Advisor to Ministries, Departments and Agencies.
3.
Being the administrative head of the Ministry therefore the Controlling Officer of the Ministry.
4.
Being the advisor to the Minister on formulation of policy in relation to the Ministry.
5.
Planning programs and allocating responsibilities to the Divisional Heads.
6.
Controlling the resources and activities of the Ministry.
7.
Answerable to the Public Accounts Committee on audit queries.
8.
Monitoring implementation and performance of contract signed between the Ministry of Justice and Office of the President and Cabinet.
9.
Supervisor for the Chilungamo Programme − Governance Programme funded by the European Union.
10.
Supervisor for the Democratic Governance Sector.
11.
Served as an official on the Advisory Committee on the Granting of Pardons.
12.
Carrying out any other responsibilities as required.
13.
Chairperson of the Disciplinary Committee of the Malawi Law Society.
Further, Mrs. Hiwa, by virtue of her office as Solicitor General and Secretary for Justice, she was ex−officio Board member for Malawi Communications Regulatory Authority, National Construction Council, Electricity Generating Company, Public Private Partnership Commission, Electricity Supply Company of Malawi, Malawi Broadcasting Corporation, United National Educational, Scientific and Cultural Organization, Copyright Society of Malawi, Malawi Accountancy Board, Greenbelt Initiatives Limited, Nurses and Midwives Council of Malawi, Public Procurement Disposal Authority, NOCMA, Cotton Council, Water Resources Authority, Nuclear Energy Authority, Environmental Management Authority and FDH Bank.

Government of Malawi - Law Commission

Law Commissioner
06.2008 - 08.2018

Job overview

1.
Exercising the duties of a Controlling Officer for the smooth operations of the Law Commission to achieve its mandate, including:
(a)
administering the Office of the Law Commission as provided for under sections 132−136 of the Constitution and supervising all members of staff;
(b)
ensuring efficient and prudent control of all Law Commission resources;
(c)
reviewing and making recommendations relating to repeal and amendment of Laws of Malawi where the laws do not confirm with the Constitution and applicable international law;
(d)
receiving and reviewing submissions from any person or body regarding the Laws of Malawi or the Constitution;
(e)
submitting findings and recommendations to the Minister for the time being responsible for Justice who publishes any such report and lays it before Parliament; and
(f)
carrying out any other duties that may emerge from time to time requiring the attention of the Law Commissioner.
2.
President for the Association of Law Reform Agencies for Eastern and Southern Africa (ALRAESA) until 7 August 2018.
3.
Vice President for the Commonwealth Association of Law Reform Agencies (CALRAs).

Government of Malawi - Ministry of Justice

Chief Parliamentary Draftsperson
07.1996 - 06.2008

Job overview

Work Done:
1.
Drafting legislation for consideration by the National Assembly. Some of major Legislation drafted:
(a)
Electricity Act, 1997;
(b)
Electricity Supply Commission of Malawi (ESCOM) Act, 1997 (now repealed);
(c)
Various subsidiary legislation for different City and District Assemblies from 1996 to 2008;
(d)
Draft Environment Management (Waste and Hazardous Waste Management) Regulations, 1999;
(e)
Draft Public Health (Rural Areas) (Sanitation) Rules, 1999;
(f)
Non−Governmental Organization Act, 2001;
(g)
Consumer Protection Act, 2003;
(h)
Milk and Milk Products (Amendment) Bill, 2002;
(i)
Lotteries Act, 2003;
(j)
Insurance Bill, 2005;
(k)
National Registration Bill, 2005;
(l)
Police Bill, 2005;
(m)
Automotive Trades Registration and Fair Practices Bill, 2005;
(n)
(Draft) Mental Treatment Bill;
(o)
(Draft) Public Service Pensions Bill;
(p)
(Draft) Investment and Export Promotion Bill;
(q)
(Draft) Financial Services Bill
(r)
(Draft) Insurance Bill;
(s)
(Draft) Retirement Funds Bill;
(t)
(Draft) Reserve Bank of Malawi Bill;
(u)
(Draft) Banking Bill;
(v)
(Draft) Microfinance Bill;
(w)
(Draft) Financial Cooperatives Bill; and
(x)
(Draft) National Intelligence Bill.
2.
Drafting various subsidiary legislation for ministerial signature.
3.
Drafting and vetting legal documents, such as agreements, on behalf of the Government.
4.
Legal advisor to the Government Team at loan negotiations with cooperating partners, such as the World Bank, Organization of Petroleum Exporting Countries Fund, for various projects, including:
(a)
Poverty Reduction Support Grant − World Bank;
(b)
Rural Livelihoods and Economic Enhancement Programme − the International Fund for Agricultural Development;
(c)
Malawi Health Sector Support Project − World Bank;
(d)
Multi−Sectoral HIV AIDS Project − World Bank;
(e)
Business Environment Strengthening Technical Assistance Project − World Bank;
(f)
Agricultural Development Programme and Support Project (ADP− SP) (with Mrs. Fiona Kalemba) − World Bank;
(g)
Nsanje-Bangula Road Project − OPEC Fund;
(h)
Zomba-Jali-Phalombe Road Project − OPEC Fund;
(i)
Drought Recovery Programme (with Mr. A.D. Kamanga) − World Bank;
(j)
National Index−Based Drought Risk Management Agreement − World Bank; and
(k)
International Development Association (Third Malawi Social Action Fund Project) (Phase II) − World Bank.
5.
Representing Government in civil litigation.
6.
Providing legal advice to Government Ministries and Departments.
7.
Being a Government Legal Advisor to Malawian Delegations attending various meetings, including summits and conferences, at regional and international levels.
8.
Served as a substantive Secretary to the Committee on Legal and Parliamentary Affairs (1996−2004).
9.
Served as a Special Assistant on Legal Matters to the Secretary to the President and Cabinet (1996−2004).
10 Served as a Commissioner on the special Law Commission on the Review of Police Legislation.
11.
Served as a Commissioner on the special Law Commission on the Review of Land Related Legislation.
12.
Served as a Commissioner on the special Law Commission on Gender.
13.
Served as a Commissioner on the special Law Commission on the Review of the Constitution of the Republic of Malawi.
14.
Ex−Officio Board Member for National Youth Council (1997−2004).
15.
Ex−Officio Board Member for Architects and Quantity Surveyors (2004− 2008).
16.
Ex−Officio Board Member for Non−Governmental Organizations (NGO) 2004−2008.
17.
Ex−Officio Board Member on the Nurses and Midwives Council of Malawi (2004−2008).
18.
Ex−Officio Board Member on the National Construction Industry Council of Malawi (2004−2008).
19.
Member of the Technical Committee on the Environment.
20.
Member of the Appointments and Disciplinary Committee for the Ministry of Justice (1996−2008).
21.
Coordinator for State Party Reporting (2005−2008).
22.
Legal Advisor to the Competition and Fair-Trading Commission (2003− 2012).

Government of Malawi - Office of the President and Cabinet

Assistant Clerk to the Cabinet
07.1994 - 07.1996

Job overview

Work Done:
1.
Servicing the Cabinet and designated Cabinet Committees in various ways, including preparation of documentation.
2.
Attending Cabinet meetings and the meetings of the designated Cabinet Committees and taking minutes thereat.
3.
Drafting Cabinet documents.
4.
Advising the Secretary to the President and Cabinet on legal matters.
5.
Carrying out general administrative work for the Cabinet Office

Government of Malawi - Ministry of Justice

State Advocate
10.1992 - 07.1994

Job overview

Work Done:
1.
Prosecution and providing legal advice in criminal matters.
2.
Representing Government in civil litigation.
3.
Providing general legal advisory work to Government Ministries and Departments.

Education

University of West Indies

Master of Laws (LL.M) in Legislative Drafting with Minors in Administrative and Constitutional Law
01.1994 - 05.1995

University of Malawi, Chancellor College

Bachelor of Laws (LL.B) (Honours)
01.1989 - 05.1992

bar

Admitted to the Malawi Bar

Senior Counsel (SC)

Skills

    I am a highly trained legislative draftsperson who has drafted new laws, amendment laws, regulations, rules, by-laws, international, regional, bilateral, national and local agreements

    I am also an expert in law reform

    Further, I am an accomplished and a competent consultant, both locally in Malawi and within Africa

    As a draftsperson, law reform expert and consultant I have vast experience in conducting consultations with relevant people from grassroots, the public and private sectors, as well as from the civil societies and non-governmental organizations, including cooperating partners

Affiliations

  • Law Society of Malawi, Member
  • Women Lawyers Association, Member

Personal Information

  • Profession: Lawyer / Legal Counsel
  • Date of birth: 01/17/69
  • Nationality: Malawian

Custom

  • Technology Transfer Agreements, IDLI, Rome, Italy, 11/22/93, 12/06/93
  • Training by attachment at United Nations Environment Programme in Nairobi, Kenya and Geneva, Switzerland, 11/19/96, 12/13/96
  • Environment Impact Assessment course held at Malawi Institute of Management (MIM), 10/01/97, 10/01/97
  • Intellectual Law Course, ILI (Africa) Kampala, Uganda, 11/01/00, 11/01/00
  • Environmental Law and Policy Course, Nairobi, Kenya, 11/18/01, 12/14/01
  • International Visitor Leadership Program, Women and the Law, United States of America, 07/08/05, 08/01/05
  • Changing the Law: Successful Law Reform, Public Administration Institute, London, United Kingdom, 10/20/08, 10/24/08
  • Translating Policy into Legislation and Drafting Course, Kuala Lumpur, Malaysia, 11/10/08, 11/21/08
  • Workshop on Legislative Drafting, International Law Institute, Washington, United States of America, 06/22/09, 07/03/09
  • Workshop on Intellectual Law, East London, Republic of South Africa, 06/01/19, 07/31/19

Languages

English
Proficient (C2)

Certification

  • Law Society of Malawi, Member
  • Women Lawyers Association, Member

References

References available upon request.

Timeline

Solicitor General and Secretary for Justice

Government of Malawi - Ministry of Justice
08.2018 - 09.2020

Law Commissioner

Government of Malawi - Law Commission
06.2008 - 08.2018

Legal consultant

Multiple
02.1998 - Current

Chief Parliamentary Draftsperson

Government of Malawi - Ministry of Justice
07.1996 - 06.2008

Assistant Clerk to the Cabinet

Government of Malawi - Office of the President and Cabinet
07.1994 - 07.1996

University of West Indies

Master of Laws (LL.M) in Legislative Drafting with Minors in Administrative and Constitutional Law
01.1994 - 05.1995

State Advocate

Government of Malawi - Ministry of Justice
10.1992 - 07.1994

University of Malawi, Chancellor College

Bachelor of Laws (LL.B) (Honours)
01.1989 - 05.1992

Principal Secretary

Government of Malawi - Office of the President and Cabinet

bar

Admitted to the Malawi Bar

Senior Counsel (SC)
Gertrude Lynn Hiwa, SC