High Court of Malawi Criminal Division - 2024 December

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Citation
Judgment date
December 2024
Section 96(1) does not make lodging a complaint and cyber‑inspector assessment a mandatory precondition to prosecuting offences under the Act.
Electronic Transactions and Cyber Security Act – Section 96(1) – "may" versus "shall" – permissive complaint procedure – role and powers of cyber inspector – whether complaint/assessment is mandatory precondition to prosecution – effect of non‑compliance on validity of charges.
17 December 2024