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Malawi decisions
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The High Court dismissed the State’s ex parte bid to withdraw a corruption trial, holding that the Criminal Procedure and Evidence Code withdrawal provision did not apply to High Court cases.
The High Court dismissed the State’s application to withdraw a criminal case, holding that section 81 of the Criminal Procedure and Evidence Code does not apply to High Court trials.
The High Court of Malawi entered a discontinuance after a DPP certificate, discharging four accused persons and addressing the effect on bail and future charges.
The High Court of Malawi entered a discontinuance on the DPP’s certificate, discharged six accused persons, and ordered that any bail recognizances be discharged.
R v Chingolo (Criminal Appeal Cause No. 14 of 2024) [2025] MWHCCrim 2 (19 December 2025)
The High Court dismissed the Republic’s appeal against acquittal, holding the prosecution had not proved a prima facie case on five counts involving Gammora and HIV claims.
Bushiri & Bushiri v Republic of South Africa (Criminal Review Case 5 of 2025) [2025] MWHCCrim 1 (31 October 2025)
High Court review of an extradition committal was allowed, setting aside the order against Shepherd and Mary Bushiri and refusing extradition.
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.
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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Jawad v R (Criminal Review Case 3 of 2024) [2025] MWHCFin 1 (7 March 2025)
The trial court acted without jurisdiction in proceeding with trial and convicting the accused in his absence on a felony charge. The law requires the court to issue a warrant of arrest and await the accused's presence before proceeding. The conviction and sentence are set aside, and the trial is to resume upon the accused's apprehension.
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R v Matemba (Criminal Cause 15 of 2023) [2025] MWHC 9 (4 March 2025)
The High Court held there was a case to answer on one count of failure to declare interest, but not on the second count, in a corruption prosecution.
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