High Court of Malawi Civil Division - 2026

6 judgments

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6 judgments
Citation
Judgment date
February 2026
27 February 2026
20 February 2026
An Ombudsman may investigate anonymous whistle‑blower complaints and lawfully construe statutory qualification requirements in recruitment.
Ombudsman jurisdiction – anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.
16 February 2026
Whether the Chief Secretary lawfully seconded senior military officers — judicial review, s43 fairness and Public Service Act deployment rules.
Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.
12 February 2026
January 2026
High Court remitted a medical disciplinary case for fresh inquiry due to an incomplete and inadequate record.
Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.
29 January 2026
8 January 2026