Malawi Case Law

Kaliya v Times Television Limited

Kaliya v Times Television Limited (Civil Cause 153 of 2015) [2024] MWHC 26 (19 April 2024)

Court

High Court of Malawi

Case number

Civil Cause 153 of 2015

The court found that the defendant published defamatory statements about the claimant despite police requests to delay, causing reputational harm. However, the claimant failed to prove pecuniary loss or entitlement to exemplary damages. The court awarded compensatory damages only, considering comparable awards, the erosion of the Malawi Kwacha, and the need to balance compensation with media freedom.

Source excerpt

• Defamation
• Damages
• Exemplary damages
• Compensatory damages
• Freedom of expression

Read case analysis

Chaponda v Blantyre Print and Packing Limited and 6 Others

Chaponda v Blantyre Print and Packing Limited and 6 Others (Civil Cause 55 of 2017) [2022] MWHC 30 (28 February 2022)

Court

High Court of Malawi

Case number

Civil Cause 55 of 2017

The court found that the Defendants published false and defamatory statements about the Claimant with malice, particularly in articles labeling him as 'defiant', 'epitome of decadence', and equating him to Satan. The court held that the defences of fair comment and qualified privilege were not available due to the presence of malice and lack of honest opinion. The publications went beyond responsible journalism and violated the Claimant's right to reputation. The Claimant was defamed and entitled to damages and an apology.

Source excerpt

• Defamation
• Libel
• Freedom of expression
• Qualified privilege
• Fair comment
• Damages

Read case analysis

Malawi Broadcasting Corporation v R & Ors. (183 of 2018; Criminal Case 295 of 2019)

Malawi Broadcasting Corporation v R & Ors. (183 of 2018; Criminal Case 295 of 2019) [2019] MWHC 35 (3 April 2019)

Court

High Court of Malawi

Case number

183 of 2018 ; Criminal Case 295 of 2019

The High Court of Malawi refused MBC leave to live broadcast the defence stage of a murder trial, holding that fairness and the integrity of proceedings outweighed media access.

• Freedom of expression
• Open justice
• Fair trial
• Media access to courts
• Broadcasting of court proceedings
• Freedom-of-expression

Read case analysis

Bello v National Publications Ltd

Bello v National Publications Ltd (Civil Cause 420 of 2011) [2017] MWHCCiv 2 (13 February 2017)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 420 of 2011

The High Court held that a newspaper report of Parliamentary proceedings was not absolutely privileged, but was protected by qualified privilege, so the defamation claim failed.

• Defamation
• Qualified privilege
• Absolute privilege
• Freedom of the press
• Qualified-privilege
• Absolute-privilege

Read case analysis

Eladi v Blantyre Newspapers Limited

Eladi v Blantyre Newspapers Limited (Civil Cause 448 of 2008) [2016] MWHC 721 (1 November 2016)

Court

High Court of Malawi

Case number

Civil Cause 448 of 2008

The High Court of Malawi dismissed a defamation claim after finding the plaintiff failed to prove the published photograph was not of Mr Kadango, as alleged.

• Defamation
• Qualified privilege
• Misidentification in publication
• Media-law
• Qualified-privilege
• Misidentification

Read case analysis

S v Malawi Communications Regulatory Authority

S v Malawi Communications Regulatory Authority (Civil Cause 143 of 2008) [2008] MWHC 10 (18 November 2008)

Court

High Court of Malawi

Case number

Civil Cause 143 of 2008

The High Court of Malawi discharged an ex parte injunction after finding the radio station had not fully disclosed material facts and had omitted an available arbitration remedy.

• Judicial review
• Injunctions
• Broadcasting licence revocation
• Disclosure obligations
• Alternative remedies
• Judicial-review

Read case analysis

S v Malawi Communications Regulatory Authority

S v Malawi Communications Regulatory Authority (Civil Cause 143 of 2008) [2008] MWHC 100 (18 November 2008)

Court

High Court of Malawi

Case number

Civil Cause 143 of 2008

The applicant failed to make full and frank disclosure of material facts when seeking the ex parte injunction, specifically its non-compliance with the respondent's request for broadcast material and the opportunity it was given to be heard. This suppression of material facts justified the discharge of the interlocutory injunction.

Source excerpt

• Judicial review
• Injunctions
• Broadcasting licences
• Non-disclosure of material facts
• Arbitration
• Natural justice

Read case analysis

National Democratic Alliance v Electoral Commission & Ors. (3 of 2004)

National Democratic Alliance v Electoral Commission & Ors. (3 of 2004) [2004] MWHC 45 (13 May 2004)

Court

High Court of Malawi

Case number

3 of 2004

The High Court dismissed a constitutional challenge over alleged biased election media coverage, finding the plaintiff’s affidavit evidence insufficient and largely based on belief.

• Access to state media
• Fair elections
• Procedural law
• Evidence
• Election-law
• Media-access

Read case analysis

National Democratic Alliance v Electoral Commission & Ors. (2)

National Democratic Alliance v Electoral Commission & Ors. (2) (Constitutional Cause 3 of 2004) [2004] MWHC 59 (13 May 2004)

Court

High Court of Malawi

Case number

Constitutional Cause 3 of 2004

The High Court of Malawi dismissed a constitutional challenge over equal access to state media in elections, holding that the plaintiff lacked admissible proof.

• Access to state media
• Fair elections
• Procedural law
• Evidence
• Freedom of expression
• Constitutional-law

Read case analysis

Ngwira v The Editor, Daily Times

Ngwira v The Editor, Daily Times (Civil Cause 325 of 1999) [2003] MWHC 4 (9 January 2003)

Court

High Court of Malawi

Case number

Civil Cause 325 of 1999

High Court defamation case arising from a Daily Times article alleging corruption by a lands official; the court struck out the defence and awarded exemplary damages.

• Libel
• Exemplary damages
• Malice in publication
• Defamation
• Exemplary-damages
• Media-law

Read case analysis