12 Nov 2025
MAILESI PHIRI
- Citation
- 05(RJ)-9-11/2024(P) (Mahkamah Persekutuan)
- Court
- RJ
- Case number
- 05(RJ)-9-11/2024(P) (Mahkamah Persekutuan)
The Federal Court held that a person who has been sentenced to death but subsequently received a royal pardon under Article 42 ceases to be a person "who has been sentenced to death" for the purpose of s3(1) Act 847; consequently the Court lacked jurisdiction under Act 847 to entertain the respondents' applications once pardons had been given, and the prior majority decision of 27.8.2024 that proceeded contrary to that statutory reading was outside jurisdiction and was set aside.