Malawi high court

Lockdown on hold, AG taken to task: latest from Malawi high court

In this week’s round of an ongoing dispute over the validity of Malawi’s Covid-19 restrictions, the high court has ruled that the government's planned regulations may still not be put into effect. The court has referred these challenges to the Chief Justice who will consider setting up a high court constitutional panel that would hear the problem and find a way forward. At its heart, the dispute is about whether the proposed restrictions have a valid legal base and/or contravene the constitution.

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Both the two key issues in this judgment will have sent shock waves through Malawi’s legal community. First, the court confirmed that the challenge to the validity of the country’s Covid-19 restrictions was weighty enough to be referred to the Chief Justice, Andrew Nyirenda. If the CJ certified it was necessary, a special panel of high court judges would sit to decide the constitutional issues raised.

Malawian law students lose their challenge to Covid-19 university closure

A group of four students studying law in Malawi have lost their high court case challenging the validity of the President's Covid-19-related directives. They also lost their challenge to the closure of their university in terms of those directives. But it was not all bad news for them – at least the students won commendation from the presiding judge for ‘taking their future seriously’.

Read judgment by Judge Zione Ntaba, 7 April 2020

Read judgment by Judge Kenyatta Nyirenda, 3 April 2020

 

Sentencing pregnant women in Malawi – judge lays down the law

The case of a heavily pregnant woman accused of stealing at a shopping centre has given one of Malawi’s judges the chance to re-state the law on sentencing first offenders and pregnant women. The judge quoted international law on the subject, as well as Malawi’s own legislation and prison inspection reports, some of which she had written herself. She pointed out that the country’s prisons did not have proper health care facilities for dealing with pregnant women or infants and that the infant and maternal mortality rates in prison were a matter of concern.

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Ndalakwanji Victor is one very lucky pickpocket. Two months ago she was convicted on theft charges, having stolen purses and jewellery from a couple of women at a mall. Arrested and tried the next day, she pleaded guilty.

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