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High Court of Malawi - 2005 October

2 judgments
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2 judgments
October 2005
Kanjerwa v Dzinyemba t/a Tirza Enterprises (Civil Cause 686 of 2001) [2005] MWHC 131 (25 October 2005)
A predominantly labour dispute should generally be transferred to the Industrial Relations Court after case-by-case assessment.
  • Jurisdiction — High Court v Industrial Relations Court — transfer of labour disputes; Labour Relations Act s64; case-by-case guidelines for transfer; ancillary non-labour claims do not preclude transfer.
25 October 2005
Jumbe & Anor. v Attorney General (1 of 2005; 2 of 2005) [2005] MWHC 15 (20 October 2005)
A statutory reverse‑onus presumption was held (majority) to violate the accused’s constitutional presumption of innocence and right to silence.
  • Constitutional Law
    • — Criminal Procedure — Reverse onus presumption and burden of proof — Whether statutory presumption infringes presumption of innocence and right to remain silent
    • — Limitations on rights — Justification under s.44(2)–(3) — Requirement of evidence, rational connection, proportionality and non‑negation of essential content
  • Criminal Law — Corruption offences — Proof of mens rea and legislative use of presumptions — Legitimate objective versus unacceptable reversal of onus
20 October 2005