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Malawi decisions
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The Industrial Relations Court granted summary disposal, entered liability for overtime shortfall, and awarded each Applicant MK 4,000,000 for unfair labour practices.
The Republic vs Mumba (Homicide Criminal Case 157 of 2020) [2025] MWHC 18 (28 July 2025)
The High Court of Malawi dismissed an application for bail pending appeal, finding no exceptional circumstances and no strong prospect of success on appeal.
Mbele v The Director of Public Prosecutions (Constitutional Case 2 of 2024) [2025] MWHC 21 (17 July 2025)
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Mbele v The Director of Public Prosecutions (Constitutional Case 2 of 2024) [2025] MWHC 20 (17 July 2025)
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Mintrozo v Malawi Revenue Authority & The Attorney General (Personal Injury Cause 298 of 2018) [2025] MWHCCiv 8 (19 June 2025)
The High Court of Malawi found the police officer negligently shot and killed the claimant’s husband, who was an innocent bystander, and awarded damages against the 2nd Defendant only.
Lawrence (on behalf of JM - minor) v The Inspector General of Police (Judicial Review Case 18 of 2024) [2025] MWHCCiv 9 (19 June 2025)
The High Court of Malawi granted declarations that police treatment of a minor was unlawful and unconstitutional, and ordered mandamus, compensation, and costs.
Seyani v Council for the National Herbarium & Botanic Gardens of Malawi (Miscellaneous Application 21 of 2025) [2025] MWHCCiv 12 (28 May 2025)
The High Court ordered release of a deteriorating motor vehicle to the respondent, using inherent jurisdiction, but imposed conditions to protect the applicant’s eventual claim.
S (on application of Itaye & 15 others) v Office of the Ombudsman & Malawi Communications Regulatory Authority (Judicial Review Cause 23 of 2021) [2025] MWHCCiv 10 (22 May 2025)
Leave to appeal cannot be granted as the judgment is inchoate pending assessment of terminal dues; only upon completion of assessment will the judgment be final and eligible for appeal.
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Chauwa & 2 others v Malawi Congress Party (Civil Cause 140 of 2024) [2025] MWHCCiv 11 (9 May 2025)
The summons was served after its validity period had expired and without renewal by court order, rendering it ineffectual. The claim based on such a summons is fundamentally defective and must be struck out. The application to renew the summons was made too late and cannot cure the defect. The adversarial system does not permit a party to preempt an opponent's application by curing defects after the fact.
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Kabambe v Nyasulu & The Director of Public Prosecutions (Judicial Review 2 of 2025) [2025] MWHC 12 (28 April 2025)
The claimant failed to demonstrate an arguable case fit for judicial review. The exercise of prosecutorial discretion by the DPP is reviewable only in exceptional circumstances, and the claimant did not exhaust the constitutional accountability mechanism via the Legal Affairs Committee of Parliament. The application is premature and misconceived, and the criminal process provides adequate remedies.
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