Section 104 of the Constitution of the Republic of Malawi establishes the Supreme Court of Appeal. The Supreme Court of Appeal is the superior court of record and has such jurisdiction and powers as conferred on it by the Constitution or any other law. It is the highest appellate court and has jurisdiction to hear appeals from the High Court and Tribunals as an Act of Parliament may prescribe. Under the current constitutional arrangement, no court can be established of superior or concurrent jurisdiction with the Supreme Court of Appeal.
The Justices of the Supreme Court of Appeal comprise the Chief Justice and such number of other Justices not being less than three as may be prescribed by an Act of Parliament. The Chief Justice is appointed by the President and confirmed by the National Assembly by a majority of two thirds of members present and voting. Justices of appeal, are appointed by the President on the recommendation of the Judicial Service Commission (JSC). A Judge of the High Court may be appointed by the President of the Republic of Malawi on recommendation of the JSC to serve as an acting Justice of Appeal where, for example, there are less than three serving Justices of Appeal.