Malawi

Sewage is ‘not a public friend’

A broken sewerage pipe in the capital of Malawi has led to a successful claim for damages under the country’s consumer protection legislation. The pipe broke but when it was not initially fixed by the authorities, sewage found its way into the pipe that supplied clean water for drinking and other household use. Consumers then formed a neighbourhood action group to monitor the quality of the drinking water, and to bring legal action for compensation.

Read judgment

To the best of my memory it has not happened before that I have had to apologise in advance for the content of a story about a court decision. This, however, is the exception proving the rule.

No one will find the content of the judgment pleasant, while the detailed complaint of the applicants is not for sensitive stomachs.

You have been warned!

Court finds against ‘back door emergency’ in Malawi

A constitutional court in Malawi has delivered an unequivocal condemnation of that country’s Covid-19 lockdown regulations. In its decision last week, the three judges found that the rules were unconstitutional as they were made in terms of a law that did not permit such rules to be made. They also criticised the government for imposing a lockdown without concern for the poor of Malawi who would not have access to food and other essentials if they could not leave their homes.

SCA cases show up long delays in delivering judgments

Two new decisions by Malawi’s highest court show that at least some of the country’s judges are still not delivering decisions within a reasonable time. In one case a group of people convicted of murder and sentenced to 30 years in prison were still waiting to hear the outcome of an appeal heard more than five years before. In the other, a man convicted of robbery had still not heard the result of his appeal over 37 months later.

Read Mekiseni judgment (August 2020):

Read Mthawanji judgment (July 2020): 

Malawi’s Chief Justice Andrew Nyirenda is something of a folk hero. He enjoyed that profile even before the then-President, Peter Mutharika, tried to fire him.

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