jurisdiction

Court chides counsel for ‘scurrilous allegation’ against newly-appointed judge

Counsel for a former presidential adviser on strategy, charged under Malawi’s anti-corruption laws, has come in for a tongue-lashing over the argument he put up in a judicial review application. During the course of the corruption trial so far, the presiding magistrate, Patrick Chirwa (pictured), was appointed as a judge of the high court. Counsel for Chris Banda, the accused, wanted a different magistrate to take over the corruption trial, but the magistrate, now a judge, said he would continue hearing the matter to completion.

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When Lilongwe chief resident magistrate Patrick Chirwa was appointed to the high court bench, he could never have imagined the stir he was about to make in legal circles because of his decision to finish hearing an important matter in the magistrate’s court.

“Raging” debate on bail sorted by Tanzania’s highest court

When members of a country’s highest judicial forum speak of a dispute that is “raging” in the courts there, readers should take note. Obviously, something important is going on. In the case of Mwita Joseph Ikoh and two co-accused, that “something” is the issue of which court has jurisdiction to consider whether they may be given bail: the high court, or the specialised division of the high court that deals with corruption and economic crimes. Earlier this month the Court of Appeal decided the question – and the “raging” debate should now be settled.

Read the judgment on TanzLII

As the rest of Tanzania was getting ready for year-end celebrations in December 2017, six people in the Mwanza region found themselves in deep trouble. Instead of spending time at home over the holiday they were in jail, after being arrested in relation to drugs charges. The six now find themselves charged under the Drug Control and Enforcement Act with trafficking in “precursor chemicals”.

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