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Malawi decisions
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Bilderberg Limited and Bilderberg v Ecobank Malawi Limited (Commercial Case 157 of 2022) [2023] MWHCCrim 9 (26 October 2023)
The court dismissed contempt allegations against Ecobank directors and suspended a mandatory injunction, holding there was no willful disobedience and criminal proceedings took precedence.
Bester and Iwalani v R (Criminal Appeal 31 of 2022) [2022] MWHC 141 (23 August 2022)
The High Court set aside forfeiture of a truck used to transport forest produce, holding that the owner was not shown to be involved and due process was not followed.
Gwanda v State (Constitutional Case 5 of 2015) [2017] MWHC 953 (10 January 2017)
Section 184(1)(c) of the Penal Code is unconstitutional because it is vague, overly broad, and enables arbitrary and discriminatory enforcement, violating the Applicant's rights to dignity, equality, liberty, privacy, and movement under the Constitution. The limitation imposed by the section is not reasonable, necessary, or justifiable in an open and democratic society, and cannot be saved by severance or reading-in. The provision is declared null and void.
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Ng`ambi v Director of Anti-Corruption Bureau (7 of 2009) [2010] MWSC 8 (26 April 2010)
The High Court considered all relevant evidence and properly exercised its discretion in refusing to reverse the restriction notice. The renewal of the notice was lawful and justified, and the orders did not amount to arbitrary deprivation of property as their purpose was to preserve assets pending investigation. The appeal was therefore dismissed in its entirety.
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Tembo (JZU) & Anor. v Attorney General (Civil Appeal 50 of 2003) [2003] MWHC 54 (26 August 2003)
The court held that the contempt for which the plaintiffs were convicted was criminal in nature and involved dishonesty and moral turpitude. Therefore, under sections 51 and 63 of the Constitution, their seats in the National Assembly became vacant by operation of law. The court found no infringement of the plaintiffs' constitutional or human rights, and procedural irregularities in the National Assembly did not affect the legal consequence of their conviction.
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