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Malawi Case Law

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Criminal law [2023] MWHC 40

R v Chilima

R v Chilima (Criminal Case 10 of 2023) [2023] MWHC 40 (1 August 2023)

The High Court of Malawi partly varied bail conditions for Vice President Saulos Chilima, removing reporting and passport deposit requirements as unnecessary and replacing them with less restrictive measures.

  • Bail
  • Variation of bail conditions
  • Right to liberty
  • Flight risk
  • Judicial discretion
  • Variation-of-bail-conditions
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Criminal law [2022] MWHC 118

Simeon v R (Bail Application 26 of 2022)

Simeon v R (Bail Application 26 of 2022) [2022] MWHC 118 (27 May 2022)

The High Court of Malawi granted bail to an accused held since 2014, citing prolonged unexplained delay, non-compliance with earlier directions, and the interests of justice.

  • Bail
  • Pre-trial detention
  • Right to liberty
  • Delay in prosecution
  • Pre-trial-detention
  • Delay-in-prosecution
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Criminal law [2022] MWHC 116

Ngoleshaka v R (Bail Application 35 of 2022)

Ngoleshaka v R (Bail Application 35 of 2022) [2022] MWHC 116 (4 March 2022)

The High Court of Malawi granted bail to an applicant charged with murder, finding prolonged remand and the State’s non-opposition made release in the interests of justice.

  • Bail
  • Murder
  • Pre-trial detention
  • Right to liberty
  • Pre-trial-detention
  • Right-to-liberty
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Criminal law [2022] MWHC 147

Salawe v R (Homicide Case 14 of 2021)

Salawe v R (Homicide Case 14 of 2021) [2022] MWHC 147 (6 January 2022)

The High Court of Malawi granted bail to accused persons in homicide-related bail applications after noting completed investigations, no State objection, and custody concerns.

  • Bail
  • Pre-trial detention
  • Homicide
  • Right to liberty
  • Pre-trial-detention
  • Right-to-liberty
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Criminal law [2022] MWHC 114

Nyenga, Kachingwe & Kapolo v R (Bail Application 163 of 2021)

Nyenga, Kachingwe & Kapolo v R (Bail Application 163 of 2021) [2022] MWHC 114 (6 January 2022)

High Court of Malawi granted bail to three murder suspects after prolonged remand, citing the interests of justice and the State’s lack of opposition.

  • Bail
  • Pre-trial detention
  • Murder
  • Right to liberty
  • Pre-trial-detention
  • Constitutional-law
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Criminal law [2022] MWHC 131

John v R (Bail Application 127 of 2021)

John v R (Bail Application 127 of 2021) [2022] MWHC 131 (6 January 2022)

Bail was granted because the applicant had been on remand for over three years without trial, the State did not oppose bail, and there were no grounds found against granting bail in the interests of justice.

  • Bail
  • Pre-trial detention
  • Right to liberty
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Criminal law [2022] MWHC 170

Chikapa v R (Bail Application Cause 144 of 2021)

Chikapa v R (Bail Application Cause 144 of 2021) [2022] MWHC 170 (6 January 2022)

The applicant has been on remand for over five years without trial, the State did not oppose bail, and there are no grounds against granting bail; thus, bail is granted in the interests of justice.

  • Bail
  • Pre-trial detention
  • Right to liberty
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Criminal law [2021] MWHC 299

Pangani v R (Misc. Criminal Cause 47 of 2021)

Pangani v R (Misc. Criminal Cause 47 of 2021) [2021] MWHC 299 (14 July 2021)

The High Court of Malawi granted Justin Pangani bail on fresh terms, finding the State had not proved he was a flight risk and noting prolonged pre-trial detention.

  • Bail
  • Murder
  • Pre-trial detention
  • Right to liberty
  • Pre-trial-detention
  • Constitutional-rights
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Constitutional law [2021] MWHC 401

Matemba v R

Matemba v R (Miscellaneous Application 1 of 2021) [2021] MWHC 401 (22 March 2021)

The High Court of Malawi held that the applicant’s 14-year pre-trial detention was unlawful and ordered his immediate release, but refused compensation in the criminal matter.

  • Unlawful detention
  • Right to liberty
  • Pre-trial custody limits
  • Compensation for rights violations
  • Unlawful-detention
  • Right-to-liberty
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Criminal law [2020] MWHCCrim 24

Shaba v R

Shaba v R (Miscellaneous Criminal Application 83 of 2019) [2020] MWHCCrim 24 (5 August 2020)

The applicant was held in custody for 24 months without being charged or brought before a court, in violation of constitutional and statutory provisions. The detention was unlawful, and the applicant is entitled to immediate discharge and release from custody.

  • Unlawful detention
  • Right to liberty
  • Pre-trial custody limits
  • Habeas corpus
  • Bail
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.