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Malawi decisions
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The Industrial Relations Court held that the employer’s deductions from terminal benefits were unlawful, and awarded the worker withheld pay, leave pay, overtime, and pension remittances.
Kamwagha v R (Criminal Appeal 17 of 2021) [2024] MWHCCrim 1 (25 March 2024)
The evidence did not meet the threshold for grievous harm as defined by law, and the prosecution failed to prove the offence beyond reasonable doubt. The court, bound by precedent, could not substitute a conviction for a lesser offence not charged. The conviction for malicious damage to property was also not supported by sufficient evidence. Both convictions and sentences were quashed and set aside.
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Tchale and 2 Others v R (Criminal Appeal 6 of 2019) [2023] MWSC 41 (14 February 2023)
The appellants were in charge and control of the deceased for over seven hours, directly participated in the assault with weapons, and knew or were indifferent to the probable fatal consequences. The evidence was direct and met the standard of proof beyond reasonable doubt. The conviction and sentence were justified.
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Tchale & 2 Ors. v R (MSCA Criminal Appeal 6 of 2019) [2023] MWSC 10 (14 February 2023)
The appellants, as leaders of the mob, directly participated in the prolonged assault of the deceased, causing grievous injuries that led to his death. Their actions demonstrated malice aforethought as defined by law. The evidence, though challenged, was direct and credible, establishing guilt beyond reasonable doubt. The sentence was justified given the circumstances.
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Tchale & 2 Ors. v R (MSCA Criminal Appeal 6 of 2019) [2023] MWSC 11 (14 February 2023)
The court found that the appellants, acting in concert and with weapons, assaulted the deceased over a prolonged period, causing grievous injuries that led to his death. The evidence was direct and credible, establishing malice aforethought as defined by law. The conviction and sentence were justified and not excessive.
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Alubi and 3 Others v R (Criminal Appeal Case 14 of 2022) [2022] MWHC 239 (22 September 2022)
The High Court upheld the convictions for unlawful wounding but found the 18-month prison sentences excessive and ordered the appellants’ immediate release.
Misanje & Ors. v R (Criminal Appeal 5 of 2019) [2022] MWHC 179 (31 March 2022)
The High Court allowed a criminal appeal, quashed convictions for theft by servant, and ordered the five appellants’ immediate release.
R v Siliya (Confirmation Case 35 of 2021) [2021] MWHC 300 (24 June 2021)
The High Court of Malawi quashed Patrick Siliya’s defilement conviction, finding the evidence unsafe because corroboration was inadequate and the defence version might reasonably be true.
R v Chiumia (Confirmation Case 525 of 2017) [2021] MWHCCrim 16 (1 April 2021)
The High Court of Malawi acquitted Perekani Chiumia after finding the burglary and theft conviction unsafe. Recent possession of a phone did not rebut his explanation.
R v Kaleya (Homicide Case 34 of 2020) [2021] MWHCCrim 15 (18 February 2021)
The High Court of Malawi held that the prosecution had not made out a case to answer on a murder charge, finding the evidence amounted only to suspicion and acquitting the accused.
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