High Court of Malawi - 2020 April

20 judgments

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20 judgments
Citation
Judgment date
April 2020
28 April 2020
Whether a minister may impose a nationwide lockdown via Public Health rules without state of emergency or parliamentary oversight.
Constitutional law – legality of lockdown measures; Public Health Act s31 – delegated rule‑making and ultra vires; Parliamentary oversight s58; derogation of Chapter IV rights; interlocutory injunctions; adequacy of damages; duty of candour by Attorney General.
28 April 2020
24 April 2020
24 April 2020
22 April 2020
22 April 2020
21 April 2020
21 April 2020
20 April 2020
Court granted ex parte permission and a seven-day interlocutory injunction restraining enforcement of the COVID-19 lockdown pending review.
Judicial review – Public Health (Corona Virus Prevention, Containment and Management) Rules 2020 – COVID-19 lockdown – Ex parte permission to apply for judicial review – Interlocutory injunction restraining enforcement pending hearing – Urgent hearing in open court.
17 April 2020
Amendment to Trials Without Jury Order validly applied retrospectively; no substantial prejudice shown, jury trial application dismissed.
Criminal procedure – Trial by jury – Ministerial Order adding offences triable without jury – Retrospective operation of subsidiary legislation – General Interpretation Act s18 – Procedural provisions and retrospectivity – Ultra vires challenge to delegated legislation – Fair trial prejudice assessment.
16 April 2020
9 April 2020
9 April 2020
9 April 2020
Court denied leave for judicial review, holding the DPRA valid for epidemics and college closure a lawful public-health measure.
Constitutional law – State of disaster vs state of emergency – Interpretation of section 32 DPRA and section 29(a) PHA – Limitation of rights and right to education – Judicial review leave and justiciability in public health emergency.
7 April 2020
6 April 2020
3 April 2020
Continuation of injunction to prevent expulsion where entry was refused without reasons amid challenged emergency measures.
:[
3 April 2020
2 April 2020
1 April 2020