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Zomba District Registry - 2024 April
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April 2024
Batatawala and Another v Director of Anti Corruption Bureau and Another (Constitutional Cause 1 of 2023) [2024] MWHC 19 (10 April 2024)
Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences.
Constitutional law — retrospectivity of statutes — Financial Crimes Act section 42 vs repealed MLA section 35 — interpretation of saving provision section 141(2) FCA — right not to be convicted for non-existent offence and protection against harsher retrospective penalties — procedural commencement via constitutional referral (Order 19 CPR).
10 April 2024
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