The Malawi Electoral Commission comprises of a Chairperson, who is a judge nominated by the Judicial Service Commission and at least six Commissioners appointed by the President in consultation with political parties represented in Parliament. The President appoints suitably qualified persons to be members of the commission and the Public Appointments Committee of Parliament determines their conditions of Service.

The Chairperson is appointed by the President on the recommendation of the Judicial Commission, while the other members are nominated by an Act of Parliament for a four year period, unless re- appointed for a new term. Even though the security of tenure of the Commissioners is entrenched in the Constitution, there has been one case of an unfair dismissal of a Commissioner.

The independence of the Commission is expressly guaranteed in the Constitution, which provides that it shall exercise its powers, functions and duties independent of any direction or interference by other authority or any person.