High Court of Malawi Civil Division - 2025 June

2 judgments

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2 judgments
Citation
Judgment date
June 2025
Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
Constitutional and child-protection law – detention of children – torture and cruel, inhuman or degrading treatment – right to be informed of rights on arrest – prompt notification of parent/guardian – separation from adult offenders – right to nutrition – entitlement to compensation and mandamus relief.
19 June 2025
An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
Police law – use of firearms – duty to give warning, proportionality, and duty to render medical assistance; vicarious liability of police service; revenue authority not vicariously liable; admissibility and limited weight of hearsay in postmortem remarks.
19 June 2025