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Malawi Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Administrative law

The State (on the application of the Malawi Congress Party & Others) v The Chief Secretary to Government (also known as the Secretary to the President and Cabinet) & Another

The High Court dismissed the defendants’ application to set aside a stay of judicial review proceedings, holding the motion was incompetent and that the stay stood.

  • Judicial review
  • Stay of proceedings
  • Leave to apply for judicial review
  • Certification of constitutional matters
  • Locus standi
  • Ex parte applications
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Labour law

Macdonald Kanjobvu v Malawi National Examination Board

The Industrial Relations Court held that the dismissal was procedurally unfair because the investigator sat on the disciplinary panel, the appeal was heard by an involved officer, and disclosure duties were breached.

  • Unfair dismissal
  • Unfair labour practices
  • Procedural fairness
  • Nemo judex in causa sua
  • Disciplinary hearing
  • Appeal process
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Administrative law

The State (on the Application of Chikumbutso Mkwamba) v. Disciplinary Committee of the Malawi Law Society

The High Court held that the Malawi Law Society Disciplinary Committee’s rules were ultra vires and that it lost jurisdiction after the statutory time limit expired.

  • Jurisdiction
  • Statutory interpretation
  • Subsidiary legislation
  • Gazetting of rules
  • Parliamentary laying of subsidiary legislation
  • Disciplinary proceedings against legal practitioners
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Administrative law

The State (on the application of Major Blessings Kakhuta Banda & 2 Others) v. The Chief Secretary to the President and Cabinet

The High Court of Malawi held that the challenged secondment decisions were amenable to judicial review, dismissed the discharge application with costs, and kept the stay in place.

  • Amenability to judicial review
  • Alternative remedy
  • Undertaking as to damages
  • Suppression of material facts
  • Public office and public function
  • Secondment of military officers
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Election law [2025] MWHC 24

Mia v Malola & Malawi Electoral Commision

Mia v Malola & Malawi Electoral Commision (Election Petition 58 of 2025) [2025] MWHC 24 (11 November 2025)

Only one irregularity was proved (unsigned original result sheet for Nabisi F. P. School), but it did not affect the overall election result. All other alleged irregularities were not substantiated or did not constitute non-compliance with statutory requirements. The petition was properly brought only as an appeal from the Electoral Commission’s decision, and criminal allegations (handouts, campaigning outside period) were not within the court’s jurisdiction in this civil proceeding. The proven irregularity was not material enough to warrant nullification of the election.

  • Irregularities in election process
  • Burden of proof
  • Nullification of election
  • Procedural competence
  • Statutory interpretation
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Administrative law [2025] MWHCCiv 13

Kazombo v Malawi Electoral Commission

Kazombo v Malawi Electoral Commission (Judicial Review Cause 61 of 2025) [2025] MWHCCiv 13 (22 September 2025)

Leave to seek judicial review was refused because the application papers contained procedural errors, unclear arguments, and drafting irregularities.

  • Judicial review
  • Electoral process
  • Judicial-review
  • Electoral-process
  • Administrative-law
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Administrative law

Madalitso Fred Kazombo v Malawi Electoral Commission

The High Court of Malawi dismissed an application for leave to commence judicial review after finding drafting errors, unclear arguments and incorrect citations in the papers.

  • Leave to commence judicial review proceedings
  • Pleading defects
  • Election-related administrative decision
  • Court procedure under the courts (high court) (civil procedure) rules, 2017
  • Judicial-review
  • Administrative-law
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.