Malawi

Judges recall when their lives were threatened during contentious legal challenge in Malawi

Two participants at a human rights training course for judges from 11 African countries, held in Cape Town mid-May, have first-hand experience of what making a bold human rights decision may sometimes demand. Judges Michael Tembo and Redson Kapindu were both on the bench, part of a five-judge panel in what they say was, without doubt, the most significant case in Malawi’s history.

Judges Redson Kapindu (who helped present the human rights training course) and Mike Tembo, are both members of Malawi’s high court, and were part of the five-member bench that heard a most significant case.

Following presidential elections in May 2019, they had to decide a challenge to the poll’s validity, litigation that raised the political temperature in Malawi to boiling point.

State of the judiciary: new report on Malawi, Namibia, South Africa

For many judges it will come as a relief to hear some good news for once, in the form of largely positive public perception about the judiciary and its role in society. The good news emerges from a just-published report on the state of the judiciary in Malawi, Namibia and South Africa. Every member of the bench in those three countries will be only too well aware of the short-comings of their own judicial system, exacerbated by the restrictions imposed by the Covid pandemic, among a number of other problems.

Read reports

One of the key issues on the minds of everyone concerned about justice in the three countries examined by the new report, Malawi, Namibia and South Africa, is the extent of corruption, perceived or real, in the legal system, the courts and the judiciary.

Once-powerful Malawian political figure ‘lied’ to court in divorce settlement case – senior magistrate

Nicholas Dausi has had a full and chequered career as a political figure in Malawi. He’s held significant positions under the governments of Bingu and Peter Mutharika, for example, becoming head of intelligence services as well as an MP. But nothing will have been as challenging as his court battle with V, his now-divorced wife. In theory, she is someone who should cause Dausi no problems: since their divorce in December 2021, she lives a completely separate life and earns a small salary as a shop assistant.

Read judgment

A reader of this unusual judgment is given early, clear warning that there could be unexpected developments in the case: the magistrate, Peter Kandulu, spends some initial paragraphs on the question of perjury, its meaning and its possible punishments, including fines and a prison sentence.

Pages

Subscribe to RSS - Malawi