Malawi joins growing trend outlawing death penalty
First, Malawi’s courts found it was unconstitutional for the death penalty to be mandatory in cases where the accused was convicted of murder. Now the apex court has found, by an overwhelming majority, that the death penalty itself is unconstitutional, and has ordered that everyone on death row must be re-sentenced. One member of the court dissented, without ever commenting on the issue of the constitutionality of the death penalty, finding that the route to resolving the appeal before the nine judges could be resolved in a different way.
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The route to scrapping the death penalty came via an appeal brought to the apex court by Charles Khoviwa, convicted of murder in 2003.