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High Court of Malawi - 2015 January

3 judgments
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3 judgments
January 2015
Richard v R (None) [2015] MWHC 472 (11 January 2015)
Identification in daylight and close proximity supported conviction for aggravated robbery; ten‑year sentence not excessive.
  • Criminal Law — Robbery — Identification evidence and Turnbull warning — Quality of observation (daylight, proximity, duration)
11 January 2015
R v State President & Anor. (None) [2015] MWHC 439 (11 January 2015)
Court upheld the President’s discretion to appoint from a shortlisted panel; the appointment was not unlawful.
  • Constitutional Law
    • — Appointment of Public Officers — President’s discretion versus commission recommendation
    • — Gender Considerations in Appointments — Interaction with Gender Equality Act
  • Administrative Law — Judicial Review — Wednesbury unreasonableness and abuse of discretion
11 January 2015
R v Chief Secretary To The Government (Civil Cause 39 of 2015) [2015] MWHC 496 (1 January 2015)
Whether civil service redeployment without procedural fairness violates section 43 and sustains judicial review; deponent was competent.
  • Administrative law — civil service redeployment; procedural fairness and natural justice — section 43 Constitution; competence of deponent to affidavit; leave for judicial review — frivolous/vexatious and abuse of process.
1 January 2015