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Malawi Case Law

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Criminal law [2017] MWSC 26

Gomani & Muza v R (MSCA Criminal Appeal 5 of 2016)

Gomani & Muza v R (MSCA Criminal Appeal 5 of 2016) [2017] MWSC 26 (7 December 2017)

The Supreme Court of Appeal held that counsel’s right of audience remained subject to existing law and refused audience to Thabo Nyirenda pending any stay or appeal.

  • Right of audience
  • Admission to bar
  • Subsidiary legislation
  • Standards for counsel
  • Right-of-audience
  • Admission-to-bar
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Legal profession [2016] MWHC 561

Ex Parte: Itimu; In Re: Legal Education & Legal Practitioners (Amendment) Act 2003 (None)

Ex Parte: Itimu; In Re: Legal Education & Legal Practitioners (Amendment) Act 2003 (None) [2016] MWHC 561 (14 September 2016)

The petitioner, having completed all academic and vocational requirements for legal practice in the UK but denied the final stage solely due to non-citizenship, falls within the category protected by section 9(5)(c)(ii) of the Legal Education and Legal Practitioners Act and is thus eligible for admission to the Malawi Bar, subject to conditions as to supervision.

  • Admission to bar
  • Foreign law qualifications
  • Statutory interpretation
  • Legal education
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Legal profession [2016] MWHC 657

Lichanda & Anor. v Anafi & Anor.

Lichanda & Anor. v Anafi & Anor. (Civil Cause 127 of 2015) [2016] MWHC 657 (12 May 2016)

The High Court of Malawi held that conditionally admitted counsel could not appear alone and must be accompanied by a prescribed legal practitioner.

  • Right of audience
  • Conditional admission to practice law
  • Supervision of newly admitted counsel
  • Right-of-audience
  • Conditional-admission
  • Legal-profession
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Legal profession [2016] MWHC 493

In Re: Renewal of License of George Gabriel Kaliwo (None)

In Re: Renewal of License of George Gabriel Kaliwo (None) [2016] MWHC 493 (26 April 2016)

The High Court of Malawi renewed a lawyer’s practising licence and restored his notary accreditation, requiring one year’s supervised practice.

  • Renewal of practising licence
  • Legal practitioners act
  • Supervision of legal practitioners
  • Practising-licence-renewal
  • Legal-practitioners
  • Professional-supervision
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Legal profession [2016] MWHC 482

Mafunga v Chokotho & Ors. (None)

Mafunga v Chokotho & Ors. (None) [2016] MWHC 482 (8 February 2016)

The High Court of Malawi admonished plaintiff’s counsel for coaching a witness during cross-examination and exercised its disciplinary power under section 21 of the Legal Education and Legal Practitioners Act.

  • Professional misconduct
  • Ethics of legal practitioners
  • Court disciplinary powers
  • Professional-misconduct
  • Legal-ethics
  • Court-discipline
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Legal profession [2010] MWHC 4

Fedrick v Fedrick (174 of 2009)

Fedrick v Fedrick (174 of 2009) [2010] MWHC 4 (12 May 2010)

The High Court set aside disciplinary proceedings against a legal practitioner after finding the Committee had not conducted a proper inquiry and denied legal representation.

  • Disciplinary proceedings
  • Jurisdiction
  • Procedural irregularities
  • Right to legal representation
  • Legal-profession-discipline
  • Originating-summons
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Legal profession [2002] MWHC 10

Mwala v Malawi Law Society

Mwala v Malawi Law Society (Civil Cause 2935 of 2000) [2002] MWHC 10 (7 March 2002)

The High Court of Malawi dismissed an application to remove conditions on admission to practice because it was filed before twelve months of continuous employment had been completed.

  • Conditional admission
  • Removal of conditions
  • Continuous employment requirement
  • Legal-profession
  • Conditional-admission
  • Continuous-employment
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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.