Malawi Case Law

AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others

AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 162 of 2023

A minor girl who becomes pregnant as a result of sexual violence is automatically entitled to access safe termination of pregnancy under section 19(1)(a) and 19(2) of the Gender Equality Act, read with section 243 of the Penal Code, which must be interpreted purposively to include preservation of mental health. The 1st defendant breached statutory duties by denying access and failing to impart necessary information. The 2nd defendant is vicariously liable. The 3rd defendant breached its mandate by failing to promulgate clear guidelines. The 4th defendant breached its statutory duties by faili…

Source excerpt

• Sexual and reproductive health rights
• Abortion law
• Gender equality
• Vicarious liability
• Statutory interpretation
• Mental health

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Lawrence (on behalf of JM - minor) v The Inspector General of Police

Lawrence (on behalf of JM - minor) v The Inspector General of Police (Judicial Review Case 18 of 2024) [2025] MWHCCiv 9 (19 June 2025)

Court

High Court of Malawi Civil Division

Case number

Judicial Review Case 18 of 2024

The High Court of Malawi granted declarations that police treatment of a minor was unlawful and unconstitutional, and ordered mandamus, compensation, and costs.

• Torture and inhuman treatment
• Children's rights
• Police misconduct
• Detention conditions
• Compensation for constitutional violations
• Child-rights

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Abiyane and 24 Others v State

Abiyane and 24 Others v State (Miscellaneous Criminal Application 49 of 2024) [2024] MWHCCrim 5 (29 July 2024)

Court

High Court of Malawi Criminal Division

Case number

Miscellaneous Criminal Application 49 of 2024

The High Court of Malawi partially allowed an application challenging immigration detention, declining immediate release but ordering alternative detention and deportation safeguards.

• Illegal detention
• Immigration detention
• Deportation
• Children's rights
• Prison oversight
• Immigration-detention

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Upendo Lawrence v Charles Lawrence

The High Court of Malawi dissolved the marriage between Upendo Lawrence and Charles Lawrence, awarded primary custody to the petitioner, and set monthly access for the respondent.

• Divorce
• Irretrievable breakdown of marriage
• Custody and access rights
• Children's rights
• Adultery allegations
• Consortium

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S and Attorney General, Minister of Education ( the education division manager southern region) , Headmaster Blantyre girls primary school; Ex parte Mbewe ( A minor through his father and next friend Wisdom Mahara Mbewe) and Registered Trustees of the Centre of Human Rights Education, Advice and Assistance ( CHREAA)

S and Attorney General, Minister of Education ( the education division manager southern region) , Headmaster Blantyre girls primary school; Ex parte Mbewe ( A minor through his father and next friend Wisdom Mahara Mbewe) and Registered Trustees of the Centre of Human Rights Education, Advice and Assistance ( CHREAA) (Judicial Review Case 55 of 2019) [2023] MWHC 32 (8 May 2023)

Court

High Court of Malawi

Case number

Judicial Review Case 55 of 2019

The policy (written or unwritten) requiring all learners in Government Schools to have short/trimmed hair, as applied to Rastafarian children, is unconstitutional and unlawful as it violates the rights to education, religion, equality, and non-discrimination under the Malawi Constitution and Education Act. The refusal to register and enroll Rastafarian children with dreadlocks constitutes an unjustifiable limitation on these rights and is unreasonable, disproportionate, and discriminatory. The state is obligated to accommodate religious practices unless doing so would cause undue hardship, an…

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• Right to education
• Freedom of religion
• Equality and non-discrimination
• Judicial review
• Reasonable accommodation
• Children's rights

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Muloza ( A minor suing through his father and next friend Mr. Peter Muloza) and Gonda ( A minor suing through his mother and next friend Mrs Mary Gonda) v Population Services International (Personal Injury Cause 339 of 2019)

Muloza ( A minor suing through his father and next friend Mr. Peter Muloza) and Gonda ( A minor suing through his mother and next friend Mrs Mary Gonda) v Population Services International (Personal Injury Cause 339 of 2019) [2022] MWHC 140 (2 December 2022)

Court

High Court of Malawi

Case number

Personal Injury Cause 339 of 2019

The High Court of Malawi held that non-therapeutic circumcision of two minors without valid parental consent was unlawful and amounted to negligence, battery, and rights violations.

• Negligence
• Battery
• Assault
• Consent to medical treatment
• Children's rights
• Duty of care

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Kusale and 7 Others v R

Kusale and 7 Others v R (Miscellaneous Criminal Application 49 of 2022) [2022] MWHC 238 (11 April 2022)

Court

High Court of Malawi

Case number

Miscellaneous Criminal Application 49 of 2022

The High Court quashed convictions for harmful cultural practices after finding the charge lacked particulars, the guilty pleas were defective, and the facts were insufficient.

• Harmful cultural practices
• Plea taking
• Sufficiency of particulars
• Children's rights
• Criminal-appeal
• Guilty-plea

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Kasale & 7 Others v R

Kasale & 7 Others v R (Miscellaneous Criminal Application 49 of 2022) [2021] MWHC 381 (11 April 2021)

Court

High Court of Malawi

Case number

Miscellaneous Criminal Application 49 of 2022

The conviction was quashed because the charge lacked sufficient particulars, the plea of guilty was defective, and the facts did not support the offence. These defects were fatal and could not be cured under the applicable law.

Source excerpt

• Harmful cultural practices
• Plea taking
• Sufficiency of particulars
• Children's rights
• Right to education

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Kasale and 7 Others v R (Misc Criminal Application 49 of 2022)

Kasale and 7 Others v R (Misc Criminal Application 49 of 2022) [2021] MWHC 298 (11 April 2021)

Court

High Court of Malawi

Case number

Misc Criminal Application 49 of 2022

The conviction was quashed because the charge lacked sufficient particulars, the plea of guilty was defective and not unequivocal, and the facts narrated did not support the offence of harmful cultural practices. These defects were fatal and could not be cured under the applicable law.

Source excerpt

• Harmful cultural practices
• Plea taking
• Sufficiency of particulars
• Children's rights

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