Judicial review

Don’t use “constitution” as a “mantra”, Malawi’s supreme court warns

Malawi’s former agriculture minister, George Chaponda, was a key figure in that country’s “Maizegate” scandal around the importation of maize from Zambia to replenish stocks that had allegedly fallen low. Public criticism of apparent corruption led to a presidential commission of inquiry and then to high court action to have Chaponda stand down during the inquiry. Though the high court initially ordered Chaponda’s suspension, the supreme court has just ruled that it was wrong to do so, and that the judge had ignored binding precedent.

Read the judgment on MalawiLII

When Malawi was gripped by a maize shortage scare a few years ago the government arranged to buy more from Zambia. But allegations of corruption soon followed against George Chaponda, then minister responsible for agriculture, as well as other officials in Malawi and in Zambia.

So great was the public outcry that a presidential commission of inquiry was established to investigate.  

Newspaper report leads to judge’s intervention

POLITICAL leaders often refuse to act on the basis of “mere” newspaper reports. But not Zimbabwean judge Alphas Chitakunye. He spotted a story in the media about a magistrates court trial and immediately asked for the record in the case as he feared an injustice had been done.

THE story that caught the eye of Judge Alphas Chitakunye concerned trainee nurse, Elizabeth Kalenga. The young woman had begged the court for mercy when she stood trial in connection with using forged papers to gain entrance to the training course. She pleaded with the Harare magistrate who heard her case not to impose a jail sentence as she has two young children.

Dismissal of cases that raise issues of breach of fundamental rights and freedoms at an interlocutory stage

The ex parte Applicants were elected Members of the National Assembly representing various constituencies and were all members of the Jubilee Party having been elected on its ticket. The Applicants were nominated and consequently approved by the House as members of the Labour and Social Welfare Committee, Agriculture and Livestock Committee, Environment and Natural Resources Committee and Parliamentary Broadcasting and Library Committee in the National Assembly.

Republic v Benjamin Jomo Washiali, Majority Chief Whip, National Assembly & 4 others Ex-parte Alfred Kiptoo Keter & 3 others [2018] eKLR
High Court at Nairobi
Miscellaneous Civil Cause No. 706 Of 2017
G V Odunga,J
February 26, 2018.
Reported by Kakai Toili

 

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