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Malawi decisions
Decisions matching the current search
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.
R v Sumbuleta (Criminal Case 4 of 2022) [2023] MWHC 102 (22 June 2023)
The High Court held that the accused’s trial must proceed before a jury because the charged offences were not exempted by the relevant jury-trial Orders.
R v Chunara and 4 Others (Criminal Case 2 of 2021) [2022] MWHC 93 (25 July 2022)
The charges, though framed under various statutes, fundamentally concern loss of government revenue and are thus revenue matters. The proper forum is the High Court, Revenue Division. Proceedings commenced in the wrong Division are not void but must be transferred to the correct Division under section 6A of the Courts Act.
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State v Director of Anti Corruption Bureau (Miscellaneous Civil Application 6 of 2022) [2022] MWSC 14 (19 April 2022)
The Supreme Court of Appeal declined to vary a High Court order refusing a stay of criminal proceedings pending judicial review, holding there was no basis to interfere with the judge’s discretion.
R v Mpasu (1 of 2009) [2010] MWSC 28 (13 January 2010)
The appellant, as a Cabinet Minister, was a public officer under the Penal Code at the material time. He arbitrarily breached procurement procedures, causing prejudice to government interests. However, there was no evidence of personal gain, and the sentence imposed was excessive as it applied the maximum penalty without justification.
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Jer v State (166 of 2008) [2009] MWHC 44 (22 July 2009)
The High Court quashed a corruption conviction, holding the payments were customary gifts made after elevation and the evidence left reasonable doubt.
S v Mwawa (50 of 2006) [2008] MWHC 113 (8 June 2008)
The High Court of Malawi upheld Yusufu Mwawa’s convictions for abuse of office, theft, forgery and uttering, but reduced and suspended the sentences because of ill health.
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