Order of Discontinous - Republic vs Jean Mathanga, John Kandulu, Fanuel Nkhono, Emilius Kandapo 0.pdf
Upon receipt of a certificate of discontinuance filed by the Director of Public Prosecutions pursuant to the Constitution and the Criminal Procedure and Evidence Code, and in light of the DPP’s constitutional powers to discontinue criminal proceedings, the Court entered a discontinuance in respect of the four...
Source-derived case information.
- Parties
- Respondent: THE REPUBLIC; Accused: JEAN C. MATHANGA; Accused: JOHN KANDULU; Accused: FANUEL NKHONO; Accused: EMILIUS KANDAPO
- Jurisdiction
- Malawi
- Procedural Posture
- Criminal Cause / Order of Discontinuance
- Outcome
- Discontinuance entered; accused discharged.
- Legal Topics
- Discontinuance of Criminal Proceedings, Director of Public Prosecutions Powers, Discharge of Accused Persons, Bail Recognizances, Recommencement of Charges
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE REPUBLIC
Respondent
JEAN C. MATHANGA
Accused
JOHN KANDULU
Accused
FANUEL NKHONO
Accused
EMILIUS KANDAPO
Accused
Procedural Posture
Criminal Cause / Order of Discontinuance
Legal Issues
- 1 Whether the Director of Public Prosecutions could discontinue the criminal proceedings under the Constitution and the Criminal Procedure and Evidence Code.
- 2 The effect of a certificate of discontinuance on the accused persons and on any bail recognizances.
Ratio Decidendi
Upon receipt of a certificate of discontinuance filed by the Director of Public Prosecutions pursuant to the Constitution and the Criminal Procedure and Evidence Code, and in light of the DPP’s constitutional powers to discontinue criminal proceedings, the Court entered a discontinuance in respect of the four accused persons and discharged them from the charges.
Court Disposition
Discontinuance entered; accused discharged.
Orders
- JEAN MATHANGA, JOHN KANDULU, FANUEL NKHONO and EMILIUS KANDAPO are discharged in respect of the charges for which the discontinuance is entered.
- If the accused persons are on bail, their recognizances are discharged.
Full Case Text
Judgment text and source record
1 paragraphs
CORAM: IF via LAW) ON THE HIGH Gol 1CounT” FINANCIA OURT ~ CRIMES Divisy | TFEB ano LILONG ZFUVATE rs ~ WE REGIS “GISTRY AG 15] eee IN THE HIGH COURT OF MALAWI FINANCIAL CRIMES DIVISION CRIMINAL CAUSE NO. 3 OF 2023 (Before Honourable Justice Chipao) BETWEEN THE REPUBLIC -AND- JEAN C. MATHANGA JOHN KANDULU FANUEL NKHONO EMILIUS KANDAPO HON. JUSTICE VIOLET PALIKENA-CHIPAO Maele, Director of Public Prosecutions ORDER OF DISCONTINUANCE Upon receipt of a certificate of discontinuance filed by the Director of Public Prosecutions (DPP) pursuant to section 99(2)(c) of the Constitution and section 77 of the Criminal Procedure and Evidence Code (CP & EC) and having considered the provisions of sections 99(2) and (3); 101 of the Constitution and section 77 of the CP & EC on the DPP’s powers to institute or discontinue criminal proceedings, and considering the Court’s limited power on the DPP’s exercise of such powers, the Court proceeds to enter a discontinuance in respect of the criminal proceedings against the four Accused persons in this matter, In view of the certificate of discontinuance therefore, the Court proceeds to order and direct as follows; 1. THAT the four Accused persons namely JEAN MATHANGA, JOHN KANDULU, FANUEL NKHONO and EMILIUS KANDAPO are hereby discharged in respect of the charges for which the discontinuance is entered; N Wo THAT if the accused persons are on bail, their recognizances be discharged. THAT this discontinuance does not bar the State from recommencing or indeed bringing new charges against the persons referred to in paragraph (1) above on account of the same facts within six months from the date hereof. 4. THAT pursuant to the mandatory requirements in section 99(3) of the Constitution, the DPP shall furnish the reasons for the discontinuance to the Legal Affairs Committee of the National Assembly within ten (10) days hereof: Dated this 11 day of February, 2026 yeh, Pee Violet Palikena-Chipao JUDGE