Courts Act

This section gives the Act its short title: the Courts Act.

This section defines key terms used in the Act and gives a judge power to decide doubtful cases about whether a matter is commercial.

Courts must have listed process documents signed and sealed, and certain civil process may be served by specified court or legal representatives.

This section prohibits unentitled persons from practising as legal practitioners or doing certain legal-document and legal-proceeding work for fee, gain, or reward, and sets a K200 fine; it also requires written consent of the Chief Public Prosecutor before prosecution and preserves self-representation.

The High Court consists of the Chief Justice and other Judges appointed by the President.

Each Judge has the powers that any subordinate court has under written law, in addition to any other powers given to that Judge.

The Chief Justice is the Senior Judge of the High Court, and the other judges rank after him based on appointment priority.

This section sets out the High Court’s divisions and requires the Registrar to move a matter to the correct division if it is filed in the wrong one.

The section provides for a Registrar of the High Court and allows Deputy Registrars and Assistant Registrars to be appointed.

The Chief Justice may establish District Registries by Gazette notice, change or revoke those notices, and appoint Deputy Registrars as District Registrars. Every District Registrar is an officer of the High Court.

District Registries must use the seal directed by the Chief Justice.

District Registrars may administer oaths and have powers and duties of the Registrar for High Court proceedings as prescribed by rule or special order.

A party may ask a Judge to transfer proceedings between registries, and the Judge may order the transfer.

The Chief Justice may make rules for procedure and practice in District Registries and the Principal Registry of the High Court.

The Chief Justice may direct how District Registry staff carry out duties and divide functions among them.

The Registrar must exercise the jurisdiction, powers, and duties prescribed by Rules made by the Chief Justice, and the Registrar controls and superintends how certain High Court officers carry out their duties, subject to directions from the Chief Justice or High Court.

Most High Court proceedings are heard by a single judge, but proceedings about constitutional interpretation or application must be heard by at least three judges.

The Chief Justice may set vacations by Gazette order, up to three months in any one year.

The High Court has broad jurisdiction and powers, including several specific powers over infants, property, interpleader relief, judgments, transfers of proceedings, arrest or attachment before judgment, instalment payment, and service out of jurisdiction.

The High Court may order a person accused of perjury in proceedings before it to be tried by a Resident Magistrate court and may require persons to give evidence at that trial.

The High Court may order a defendant brought before it in a civil case before judgment if the plaintiff shows a good cause of action and a risk that the defendant is trying to leave Malawi or move property away; the court may then require security and can commit the defendant to custody if security is not given.

The High Court may order a defendant to give security, or attach the defendant’s property, before judgment if the court is satisfied the plaintiff has a good cause of action and the defendant is trying to put assets beyond reach.

A person generally cannot be arrested or imprisoned just for not paying money, with listed exceptions.

Courts may imprison a judgment debtor for up to six weeks, or until payment, if the debtor defaults and has the means to pay but refuses or neglects to do so.

Section 13 or 14 does not affect the High Court’s jurisdiction and powers under sections 15 and 16, including its power to examine debtors under the Supreme Court Rules.

The High Court’s appellate criminal jurisdiction includes hearing appeals from subordinate courts.

The High Court’s appellate civil jurisdiction includes hearing appeals from subordinate courts, and any other appellate civil jurisdiction given by other law.

This section says when a civil appeal may be made from a subordinate court to the High Court, when leave is needed, how many judges will hear it, and when the High Court may refuse or still hear it.

A subordinate court may send a question of law to the High Court, and the High Court may determine it.

In a civil appeal, the High Court has power to dismiss, reverse, vary, or confirm the judgment, send a case back, take additional evidence, order a new trial, and make costs or other just orders.

In civil matters, an appeal does not automatically stay execution or proceedings under the judgment, unless the subordinate court or the High Court orders otherwise.

In civil appeals, a subordinate court must follow and carry out the High Court’s judgment or order.

The High Court has power to review criminal proceedings and matters in subordinate courts, subject to the criminal procedure law in force.

The High Court has supervisory and revisionary power over subordinate courts and may call for records, remove matters to the High Court, and give directions.

If an appeal is available in a civil matter and no appeal is filed, the party who could have appealed cannot pursue review proceedings.

No party has a right to be heard before the High Court in review or supervision proceedings under sections 25 and 26, but a prejudicial order cannot be made unless the affected person has had an opportunity to be heard.

The High Court’s practice and procedure are set out in procedural rules made by the Chief Justice under section 67.

The High Court decides costs for High Court proceedings, including estates and trusts, subject to this Act.

If a case is filed in the High Court but could have been filed in a subordinate court, the plaintiff cannot recover more costs than would have applied in the subordinate court, unless the High Court allows otherwise.

The Schedule fees must be levied in the High Court, and the Chief Justice may change the Schedule with the Minister’s approval and notice in the Gazette.

Courts of magistrates are established in Malawi as subordinate courts to the High Court.

This section says magistrates’ courts are made up by presidential appointment, and any magistrate may sit in a lower-grade court as if they were of that lower grade.

A magistrate’s court must exercise its jurisdiction throughout Malawi, subject to any written law in force.

Subordinate court sittings are ordinarily held where the Chief Justice directs and, subject to the Chief Justice’s directions, when the magistrate considers best for the court’s business.

Subordinate courts must keep written records and send returns of cases they try to the High Court, following any directions the Chief Justice gives.

Subordinate courts must use seals of the type and pattern directed by the Chief Justice.

Courts of magistrates can hear civil cases only up to set money limits, and subordinate courts cannot hear certain excluded civil matters.

A subordinate court can still hear the main dispute even if a counterclaim goes beyond its jurisdiction, but it cannot grant the defendant relief beyond its own jurisdiction. The High Court may transfer the case there on a party’s application.

A plaintiff may give up part of a claim to fit the case within a subordinate court’s jurisdiction, but cannot later sue for the part given up.

A claim must not be split, and more than one civil action or suit may not be brought for the same cause of action against the same party.

Certain magistrate courts may grant interpleader relief and may order sale of property in interpleader proceedings.

A subordinate court may dismiss or stay proceedings if the dispute is already res judicata between the parties, or if there are too many related proceedings and they should not continue.

A subordinate court may stay or transfer proceedings, except where the case was instituted in a district connected to the cause of action, the defendant, the facts, or where justice otherwise favors holding it there.

A subordinate court may transfer proceedings between subordinate courts in some cases, and must comply with directions given under this section.

A subordinate court may allow set-off in cases that would be allowed in the High Court, and may give the defendant judgment or other relief if a set-off or counterclaim succeeds, subject to its own jurisdictional limit.

A subordinate court may order discovery of facts or documents from any party or person, in the way prescribed.

A subordinate court may issue process to make someone attend court, require security for appearance or a claim, and commit a person to prison for up to six weeks if required; it cannot issue proceedings to compel attendance of a person exempted from personal attendance in court.

A subordinate court may commit a person to prison for disobeying court orders or for conduct aimed at avoiding justice or enforcement, and such an arrest or commitment does not cancel a debt.

A subordinate court may order the attachment and sale of property, following any prescribed procedure, for a person who could be committed to prison under section 50.

Sections 50 and 51 do not give subordinate courts any jurisdiction under section 16 unless that jurisdiction is expressly given elsewhere in the Act.

A subordinate court may discharge, vary, or suspend its own judgments or orders, as prescribed.

A subordinate court may deal with contempt of court and punish it, but the punishment is capped at a £5 fine or 7 days’ imprisonment.

A subordinate court may set aside judgments or orders obtained by default or ex parte, in the manner prescribed.

A subordinate court may attach debts owed to a judgment debtor in the prescribed manner, but wages of a servant, labourer, or workman are not liable to attachment, subject to other law.

A subordinate court may suspend its own execution, judgment, or order, on terms and for a time it thinks fit.

Courts of magistrates must exercise criminal jurisdiction only as provided by this Act, the Criminal Procedure and Evidence Code, and any other written law.

The Chief Justice may make rules of court for subordinate courts on procedure, costs, transfers, evidence, prescribed matters, and related matters, subject to section 67.

Court proceedings must generally be open to the public, unless another law provides otherwise. A court may also hear a matter or part of it in camera if the presiding judge or magistrate thinks that is justified.

Judges, magistrates, and certain court-related officers are protected from being sued for judicial acts or for carrying out lawful warrants and orders, subject to a good-faith belief in jurisdiction in one case.

In civil proceedings, a court may allow witnesses money for expenses or lost time, and a person cannot refuse to attend or give evidence just because witness expenses were not paid first.

Any court may, by notice to the officer in charge of a prison, require a person in prison to be brought before the court.

If customary law matters in a case, the court treats it as a fact to be proved.

Civil judgments must carry interest at 5% per year, unless another prescribed rate applies.

A police officer or other person named in a warrant of committal may execute it at any time, even without having the warrant in possession, and must show it to the arrested person promptly on demand.

The Chief Justice may make court rules for matters this Act allows to be prescribed and to better carry out the Act’s purposes.

This section says the Act must not be read to limit or prejudice the Government’s rights in land covered by certain grants, leases, rights of occupancy, or other land dispositions.

Old criminal and civil cases continue under the repealed ordinances, and existing appointments are treated as made under this Act.

The section preserves certain court offices after the 1967 amendment, keeps earlier subordinate-court proceedings valid, and sets a schedule of High Court fees and exemptions.