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High Court of Malawi - 2020 June

13 judgments

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13 judgments

Citation	Judgment date
June 2020
Salima v Electoral Commission and Another (Election Petition 19 of 2019) [2020] MWHC 201 (22 June 2020) Whether widespread polling-station irregularities and the Electoral Commission's failure to remedy them invalidated the election result. Election law — Parliamentary and Presidential Elections Act — polling-station irregularities (undue assistance, candidate proximity, threats, police involvement) — unsigned or altered tally sheets — statutory requirement to sign Form 66 (s.93(1)(b)) — complaints-handling obligations of the Electoral Commission (ss.97, 98, 113) — failure to remedy and breach of constitutional duty (s.76) — annulment and order for fresh election.	22 June 2020
Salima v Electoral Commission and Kachikho (Election Petition 19 of 2019) [2020] MWHC 11 (22 June 2020) Court annulled parliamentary result due to substantial electoral irregularities and the Electoral Commission’s failure to remedy complaints. Election law – Parliamentary and Presidential Elections Act – irregularities (section 3) – unsigned/altered tally sheets (section 93(1)(b)) – unlawful assistance/coaching of voters (section 87) – premature opening of ballot boxes (section 92(1)) – failure of Electoral Commission to handle complaints (sections 97, 98, 113) – annulment and fresh election ordered.	22 June 2020
R v Officer in Charge of Lingadzi Police Station & Anor. (Civil Cause 869 of 2017) [2020] MWHC 22 (12 June 2020)	12 June 2020
Republic v Chikaphonya and Phiri (Miscellaneous Criminal Case 31 of 2020) [2020] MWHC 198 (11 June 2020)	11 June 2020
Juma v R (Miscellaneous Criminal Application 29 of 2019) [2020] MWHC 14 (9 June 2020) The applicant’s bail was denied due to flight risk from a late-reported lost passport and the case’s advanced stage. Bail — presumption of entitlement — interests of justice — factors: strength of evidence, stage of proceedings, flight risk — foreign national — late-reported lost passport — denial of bail; leave to appeal granted.	9 June 2020
Sekati v Malawi Electoral Commission (Election Petition 39 of 2019) [2020] MWHC 51 (8 June 2020)	8 June 2020
Wadrek v Gala Estate Ltd (Personal Injury Cause 151 of 2018) [2020] MWHC 148 (8 June 2020)	8 June 2020
R v Chaponda (Criminal Appeal 15 of 2018) [2020] MWHC 10 (2 June 2020) Appeal dismissed as time‑barred; prosecution failed to prove false information or unlawful possession of foreign currency beyond reasonable doubt. Criminal procedure – appeal competence – mandatory notice under s349 CP&EC and s349(4) good cause; Corrupt Practices Act s14(1)(a) – false information must be material to matter under investigation; Exchange Control Regulations Reg 25(1) – possession requires Ministerial permission; burden and standard of proof – prosecution must prove guilt beyond reasonable doubt; inconsistent prosecution evidence resolved for accused.	2 June 2020
Chikapa v Ayatu & Anor. (Personal Injury Cause 981 of 2018) [2020] MWHC 18 (1 June 2020)	1 June 2020
Kankhwani v Banda, Bvalani & Anor. (Personal Injury Cause 453 of 2019) [2020] MWHC 16 (1 June 2020)	1 June 2020
Kanyoni v Namiliza & Anor. (Civil Cause 269 of 2019) [2020] MWHC 20 (1 June 2020)	1 June 2020
Malonda v Attorney General (Malawi Police Service) (Civil Cause 914 of 2019) [2020] MWHC 21 (1 June 2020)	1 June 2020
Nakhape v ESCOM & Anor. (Civil Cause 432 of 2019) [2020] MWHC 19 (1 June 2020)	1 June 2020

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