Malawi Case Law

Kainja v Director of Anti-Corruption Bureau, Director of Public Prosecutions & Attorney General

Kainja v Director of Anti-Corruption Bureau, Director of Public Prosecutions & Attorney General (Judicial Review Cause 2 of 2023) [2023] MWHC 47 (5 June 2023)

Court

High Court of Malawi

Case number

Judicial Review Cause 2 of 2023

Permission for judicial review was refused. The Court found the claimant’s challenges to ACB investigations, prosecution, publicity, and alleged stay-order breach were unsupported or misconceived.

• Judicial review
• Prosecutorial discretion
• Criminal procedure
• Locus standi
• Alternative remedies
• Judicial-review

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Kainja v Director of the Anti-corruption Bureau , Director of Public Prosecutions and Attorney General

Kainja v Director of the Anti-corruption Bureau , Director of Public Prosecutions and Attorney General (Judicial Review Cause 2 of 2023) [2023] MWHC 20 (5 June 2023)

Court

High Court of Malawi

Case number

Judicial Review Cause 2 of 2023

Permission for judicial review was refused in a challenge to the ACB’s investigation and intended prosecution of former police chief George Kainja.

• Judicial review
• Prosecutorial discretion
• Criminal procedure
• Locus standi
• Alternative remedies
• Judicial-review

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Gomani and Muza v R (MSCA Criminal Appeal 5 of 2016)

Gomani and Muza v R (MSCA Criminal Appeal 5 of 2016) [2019] MWSC 17 (13 February 2019)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Criminal Appeal 5 of 2016

The first appellant's conviction for misuse of public office and neglect of duty was supported by direct evidence that she, as a trained immigration officer, failed to verify documentation and issued a receipt for a passport to a non-citizen, thereby misusing her office and neglecting her statutory duty. The second appellant's conviction was quashed because he was not charged with the relevant counts, constituting a miscarriage of justice.

Source excerpt

• Misuse of public office
• Neglect of duty
• Corrupt practices
• Criminal procedure
• Burden of proof
• Circumstantial evidence

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R v Chikafa

R v Chikafa (Criminal Appeal 46 of 2018) [2019] MWHC 253 (28 January 2019)

Court

High Court of Malawi

Case number

Criminal Appeal 46 of 2018

The magistrate erred in law by treating age as an element of indecent assault, failed to properly evaluate the evidence which established a prima facie case, and neglected to consider and add alternative charges disclosed by the evidence. The acquittal was not supported by the evidence, and the matter must be remitted for continuation of trial with altered charges.

Source excerpt

• Indecent assault
• Sexual offences
• Criminal procedure
• Appeal
• Evidence evaluation

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Mwalukuta v S

Mwalukuta v S (Criminal Appeal 157 of 2017) [2018] MWHC 1269 (27 June 2018)

Court

High Court of Malawi

Case number

Criminal Appeal 157 of 2017

The High Court quashed a defilement conviction after finding the trial court erred on the complainant’s age evidence. The sentence was set aside.

• Defilement
• Evidence
• Age determination
• Criminal procedure
• Age-determination
• Criminal-appeal

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R v Savala

R v Savala (Criminal Case 28 of 2013) [2017] MWHC 90 (25 May 2017)

Court

High Court of Malawi

Case number

Criminal Case 28 of 2013

Restitution under section 148 of the Criminal Procedure and Evidence Code cannot be granted where there is no property in the respondent's possession at the time of arrest; the State failed to make a timely application under the Money Laundering Act, and the summary process under section 148 does not accommodate inquiries into means or unspecified sums.

Source excerpt

• Restitution
• Theft
• Money laundering
• Criminal procedure

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E.L v R

E.L v R (Criminal Case 36 of 2016) [2016] MWHC 656 (19 January 2016)

Court

High Court of Malawi

Case number

Criminal Case 36 of 2016

The conviction and sentence were set aside because the plea of guilty was equivocal, the charge was ambiguous and defective, and the facts did not establish the essential elements of the offence. The appellant's right to a fair trial was violated, rendering the proceedings a nullity. A retrial was not ordered due to the time already served and interests of justice.

Source excerpt

• Hiv transmission
• Criminal procedure
• Fair trial rights
• Sentencing
• Constitutionality of penal provisions

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E.L v Republic

E.L v Republic (Criminal Case 36 of 2016) [2016] MWHC 752 (19 January 2016)

Court

High Court of Malawi

Case number

Criminal Case 36 of 2016

The conviction and sentence were set aside because the charge was defective, the plea was equivocal, and the facts did not establish the offence. The appellant's right to a fair trial was compromised, and there was no evidence of negligence, recklessness, or knowledge that breastfeeding was likely to spread HIV, especially as she was on ART. The sentence was manifestly excessive given the circumstances.

Source excerpt

• Hiv transmission
• Criminal procedure
• Fair trial rights
• Constitutionality of penal provisions
• Sentencing
• Best interests of the child

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R v Ibrahim; In Re: S 42 (2)(e) of the Constitution and S10 of the Bail (Guidelines) Act 2000 (Misc. Criminal Application 20 of 2008)

R v Ibrahim; In Re: S 42 (2)(e) of the Constitution and S10 of the Bail (Guidelines) Act 2000 (Misc. Criminal Application 20 of 2008) [2008] MWHC 186 (15 October 2008)

Court

High Court of Malawi

Case number

Misc. Criminal Application 20 of 2008

High Court of Malawi refused bail in a murder-related application, holding the request was premature because investigations were still ongoing, including abroad.

• Bail
• Murder
• Criminal procedure
• Criminal-procedure
• Constitutional-law

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R v Phiri & Anor. (151 of 2007)

R v Phiri & Anor. (151 of 2007) [2008] MWHC 109 (3 June 2008)

Court

High Court of Malawi

Case number

151 of 2007

The High Court of Malawi quashed two theft-by-servant convictions, finding doubt about guilt and noting inadmissible hearsay and gaps in the evidence.

• Theft by servant
• Hearsay evidence
• Standard of proof
• Criminal procedure
• Appeals
• Criminal-law

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