Supreme Court of Appeal Act
- Commenced on 1 January 1964
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Supreme Court of Appeal Act.
2. InterpretationIn this Act, unless the context otherwise requires—“Chief Justice” means the Chief Justice of Malawi appointed under section 63 of the Constitution;“judge” includes the Chief Justice;“judgment” includes decree, order, sentence and decision;“lower court” means a subordinate court;[5 of 1971]“member” means a member of the Supreme Court of Appeal specified in section 67 (2) of the Constitution;“rules of court” mean rules of court made under this Act.
Part II – Constitution and general powers of Supreme Court of Appeal
3. Constitution of the Supreme Court of Appeal
4. Judge not to sit on an appeal from his own decisionA judge shall not sit as a member on the hearing of an appeal from any judgment given by himself or given by any court on which he was sitting.
5. Officers of the CourtThe Registrar of the High Court shall be the Registrar of the Court and every deputy Registrar of the High Court shall be a deputy Registrar of the Court.
6. SealThe Court shall have a seal, having a device or impression approved by the Minister, with the inscription—“Supreme Court of Appeal”.
7. Powers of a single memberA single member of the Court may exercise any power vested in the Court not involving the hearing or determination of an appeal:Provided that—
8. Procedure and practiceThe practice and procedure of the Court shall be in accordance with this Act and any rules of court made thereunder:Provided that if this Act or any rules of court made thereunder does not make provision for any particular point of practice and procedure then the practice and procedure of the Court shall be—
9. Effect of judgment of CourtEvery judgment of the Court shall have full force and effect and shall be enforceable in like manner as if it were a judgment of the High Court.
10. Right of audienceSubject to section 19, in all proceedings before the Court the parties may appear in person or be represented and appear by a legal practitioner.
Part III – Criminal appeals
11. Appeal in criminal cases
12. Determination of appeals in ordinary cases
13. Powers of Court in special cases
14. Powers of Court in relation to an order ancillary to convictionWhere the operation of any award or order of restitution or revesting of property and of any other award or order which is an award or order ancillary to conviction is suspended pending the determination of an appeal to the Court, the Court may, on an appeal under section 11 by order annul or vary any such award or order although the conviction is not quashed; and the award or order, if annulled, shall not take effect, and if varied, shall take effect as so varied. If the conviction is quashed on the appeal, the award or order shall not take effect.
15. Detention as unconvicted prisonerThe time during which an appellant in custody is treated, pending the determination of his appeal, as an unconvicted prisoner shall not, unless the Court otherwise directs, count as part of any term of imprisonment under his sentence.
16. Supplementary powers of CourtFor the purposes of this Part, the Court may, if it thinks it necessary or expedient in the interests of justice—
17. Time for appealing
18. Stay of execution of sentence of death or corporal punishment
19. Right of appellant to be present
20. Statement of case on question of law arising on appealIn the case of an appeal which involves a question of law alone, the Court may, if it thinks fit, request the High Court to state the question, together with all the circumstances under which the said question has arisen in such manner as may be prescribed by rules of court.
Part IV – Civil appeals
21. Civil appealsAn appeal shall lie to the Court from any judgment of the High Court or any judge thereof in any civil cause or matter:Provided that no appeal shall lie where the judgment (not being a judgment to which section 68 (1) of the Constitution applies) is—
22. Powers of the Court on an appeal in civil matters
23. Time for appealing
Part V – Miscellaneous
24. Admission, of appellant to bail and custody when attending court
25. Administration of oaths
26. Warrant for production of appellant before CourtWhen the presence of an appellant who is in custody is necessary or desirable at the hearing of his appeal or he exercises the right to be present at the hearing of his appeal conferred upon him by section 19, the Court may issue a warrant for the production of the appellant on the hearing of the appeal.
27. Rules of CourtThe Chief Justice, with the approval of the Minister, may make rules of court for the purposes of this Act to make provision with respect to any matter for which provision is to be made under this Act by rules of court, and may regulate generally the practice and procedure under this Act.
History of this document
01 January 1964