munthali v republic of malawi application 22 of 2017 2022 afchpr 14 23 june 2022

munthali v republic of malawi application 22 of 2017 2022 afchpr 14 23 june 2022

The Respondent State violated the rights to equal protection before the law, to have one’s cause heard, and to a remedy by failing to provide compensation, ousting jurisdiction of domestic courts, and leaving the Applicant and dependants without effective recourse after the closure of the National Compensation Tribunal.

Citation
munthali v republic of malawi application 22 of 2017 2022 afchpr 14 23 june 2022
Parties
Applicant: Harold Mbalanda Munthali; Respondent State: Republic of Malawi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 June 2022
Procedural Posture
Application / Final Judgment
Outcome
Application allowed in part; Respondent State found in violation of Charter rights; reparations awarded.
Legal Topics
Right to Equal Protection Before the Law, Right to Fair Trial, Right to Remedy, Jurisdictional Ouster, Reparations
Source Language
English
Human Rights Law Constitutional Law Right to Equal Protection Before the Law Right to Fair Trial Right to Remedy Jurisdictional Ouster Reparations

Case Brief

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Parties

Harold Mbalanda Munthali

Applicant

Republic of Malawi

Respondent State

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether the Respondent State violated the right to equal protection before the law
  2. 2 Whether the Respondent State violated the right to have one’s cause heard
  3. 3 Whether the Respondent State violated the right to a remedy

Ratio Decidendi

The Respondent State violated the rights to equal protection before the law, to have one’s cause heard, and to a remedy by failing to provide compensation, ousting jurisdiction of domestic courts, and leaving the Applicant and dependants without effective recourse after the closure of the National Compensation Tribunal.

Court Disposition

Application allowed in part; Respondent State found in violation of Charter rights; reparations awarded.

Orders

  • Respondent State to pay MKW 200,000,000 for material prejudice to Applicant and dependants.
  • Respondent State to pay MKW 1,000,000 each to nine dependants for moral prejudice.