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High Court of Malawi - 2010 October

3 judgments
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3 judgments
October 2010
Ex-parte: Mulungu & Ors. (14 of 2010) [2010] MWHC 6 (18 October 2010)
Registrar's refusal to register a political party for manifesto language and regional membership violated applicants' constitutional and administrative rights.
  • Constitutional Law
    • — Administrative Justice — Failure to give adequate reasons under s43 — Quashing refusal to register political party
    • — Political Rights — Right to form and join political parties under s40 — Unreasonable limitation by registrar's refusal
  • Administrative Law — Judicial Review — Ultra vires and Wednesbury unreasonableness — Registrar’s abdication of decision-making by seeking directions
18 October 2010
R v Mkandawire & Anor. (5 of 2010) [2010] MWHC 5 (7 October 2010)
Whether press releases and meetings established an unlawful society aimed at disturbing peace under Penal Code ss64(2)(g) and 65.
  • Criminal Law — Unlawful Societies — Whether press releases and meetings establish purpose to disturb or incite disturbance of peace — Penal Code ss 64(2)(g), 65
  • Constitutional Law — Freedom of Expression and Association — Limits on criminalisation of discussion and regional association — Constitution ss 5 and 44(2)
7 October 2010
The Registered Trustees of Local Transporters Association v A.G. Nkhambule & Others (Civil Cause 1187 of 2016) [2010] MWHC 98 (6 October 2010)
6 October 2010