Section 108 of the Constitution establishes the High Court. The High Court has unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law; and it reviews any law and any action and decision of the Government for conformity with the Constitution save as otherwise provided by the Constitution. Under the current constitutional arrangement, no court, other than the Supreme Court, can be established of superior or concurrent jurisdiction with the High Court.
Judges of the High Court are appointed by the President of the Republic of Malawi on recommendation of the JSC. Upon appointment, Judges are posted to various Divisions of the High Court, which are the Civil Division, Commercial Division1, Criminal Division2, Family and Probate Division and Revenue Division