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Principal Registry - 2021 July

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1 judgment
July 2021
S ( On the application of Labson Bwanali) v Minister of Malawi Government Responsible for Local Government (Judicial Review Case 44 of 2019) [2021] MWHC 379 (5 July 2021)
Minister’s tacit recognition of an acting chief was ultra vires absent written presidential delegation and without customary consultation.
  • Chiefs Act s10 — appointment of Acting Traditional Authority; delegation of presidential powers — written delegation required (General Interpretation Act s35(1); Constitution s89(6)); customary law and royal‑family consultation required for acting appointments; tacit administrative decisions and judicial reviewability; Wednesbury unreasonableness; ultra vires administrative action.
5 July 2021