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Lilongwe District Registry - 2023 August

3 judgments
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3 judgments
August 2023
Nsabimana v S (Miscellaneous Criminal Review 5 of 2023) [2023] MWHC 42 (24 August 2023)
Magistrate erred by refusing jurisdiction without reasons; remedies for pre‑charge detention lie in habeas corpus/High Court, not necessarily bail.
  • Administrative law; duty to give reasons for judicial/administrative decisions — Criminal procedure; jurisdiction of magistrate courts vs High Court divisions — Habeas corpus and remedies for pre‑charge detention — Bail applications where no charge has been laid.
24 August 2023
S ( On application of Mpakani and Maganga ) v Director of the Anti-Corruption Bureau (Judicial Review Cause 6 of 2023) [2023] MWHC 41 (24 August 2023)
Applicants failed to show an arguable constitutional challenge to ACB prosecutions absent DPP consent; leave for judicial review denied.
  • Constitutional law — prosecutorial powers — Corrupt Practices (Amendment) Act 2022 — repeal of consent requirement — Director of Public Prosecutions’ supervisory powers (s99 Constitution; ss76,79 CP&EC) — judicial review leave requirements (standing, timeliness, alternative remedy, arguable case) — challenge to statute should name Attorney General.
24 August 2023
R v Chilima (Criminal Case 10 of 2023) [2023] MWHC 40 (1 August 2023)
Accused must prima facie show bail conditions are unreasonable; burden then shifts to prosecution to justify them.
  • Bail — Variation of conditions — Burden of proof in variation applications — Accused must make prima facie case; prosecution must justify conditions — s.42(2)(e) Constitution (release from detention) bifurcated — s.44(1) limitation test — Appropriate, less restrictive measures for high office holders (reporting, passport custody).
1 August 2023