Malawi

Judge Chifundo Kachale's appointment to head Malawi electoral commission welcomed

Regional media are falling over themselves to praise and welcome the appointment of Judge Chifundo Kachale as the new head of Malawi’s electoral commission. Judge Kachale was named by President Peter Mutharika last weekend along with the rest of the commission – some new names and some old. Judge Kachale takes over from Judge Jane Ansah whose commission came in for scathing criticism by the country’s supreme court for its handling of the now-discredited 2019 elections.

Despite criticism by the high court that initially found the 2019 elections defective, the head of Malawi’s electoral commission, Judge Jane Ansah refused to stand down. She steadily maintained she would not quit saying she and her commission had carried out their work properly. But on May 21 the inevitable happened: Judge Ansah resigned and the commission was left without a leader.

Malawi case flags growing threats to human rights, role of African Court

Almost every country in the world is experiencing a narrowing of peoples’ rights and freedoms because of government restrictions imposed in the name of fighting the Covid-19 pandemic. But will these governments willingly give up their new powers as the contagion eases? And if not, where should the people of a state look for help, if their own courts uphold these infringements of fundamental rights? In Africa, the African Court on Human and Peoples' Rights would be the court to adjudicate serious rights issues like these.

Judgment of Supreme Court, Malawi, awarding costs against Charles Kajoloweka

Ruling by African Court on Human and Peoples' Rights on jurisdiction to hear Kajoloweka matter and staying enforcement of Malawi's order

Fix laws or face huge damages claims – judge warns Malawi lawmakers on the state of Covid-19 disaster legislation

In a long and highly unusual judgment, a judge of Malawi’s high court has shown that the country’s legislation is completely unprepared to manage the coronavirus pandemic, and without the appropriate regulations or, in some cases, even appropriate laws. The judge made these findings in a case that concerned 10 Chinese nationals visiting the country. In a series of steps by officials of Malawi’s immigration and citizenship services some were deported, while the remaining four are still in Malawi although attempts were made to send them back to China.

Read judgment

The decision delivered by Judge Kenyatta Nyirenda in this case is long, dense and in parts highly unusual in style.

In view of the significance of the judgment, for Malawi and other countries needing to make regulations to manage the coronavirus pandemic, this discussion of the judgment is longer than usual. It is divided into three parts:

1. The story of the Chinese visitors and initial argument in the case they have brought

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