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High Court of Malawi Civil Division - 2023 February

2 judgments
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2 judgments
February 2023
R v Viola and Chingala (Criminal Case 1082 of 2020) [2023] MWHCCiv 3 (27 February 2023)
First offenders convicted of misuse of public office and influence received three-year sentences suspended for two years due to no loss and mitigating factors.
  • Corruption offences — Misuse of public office (section 25B(1)) — Influencing public officer (section 25(2)) — Sentencing: breach of trust, planning, no actual loss, first offenders — Suspension of sentence under sections 339 and 340 Criminal Procedure and Evidence Code.
27 February 2023
S(on the application of Chikhulupiliro Zidana) v The President of the Republic of Malawi (Judicial Review Case Number 33 of 2022) [2023] MWHCCiv 2 (17 February 2023)
Permission granted to judicially review a statutory appointment; stay refused pending substantive determination.
  • Administrative law — Judicial review — Legality and rationality of public appointments — Whether appointment authority lies with President or Minister — Requirement that appointment be from serving public service members — Retirement age under Public Service Act — Standing to seek judicial review — Discretion to grant stay pending review.
17 February 2023