High Court of Malawi Criminal Division - 2025

3 judgments

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3 judgments
Citation
Judgment date
December 2025
Acquittal upheld where prosecution failed to produce expert or corroborative evidence proving drug’s falsity or lack of HIV cure.
Criminal law — case-to-answer; Pharmacy and Medicines Regulatory Authority Act 2019 — offences: misleading sale, false/misleading statements, advertising without approval; Penal Code — obtaining by false pretences, conspiracy to defraud; confession admissibility and requirement of independent corroboration; judicial notice and necessity of expert/scientific evidence for medical questions; appellate review on points of law by DPP.
19 December 2025
October 2025
High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants.
Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.
31 October 2025
February 2025
Court allowed joinder, required clearer particulars, limited retrospective use of PFMA 2022, and conditioned reinstatement after discharge.
Criminal procedure — joinder of accused; Statement of offence — particulars and duplicity; Money laundering — predicate offence to be specified; Retrospective application of statutes — PFMA 2022 vs PFMA 2003; Reinstatement after discharge — requirement for State justification; Financial Crimes Act s41 — applies to persons including public officials; Disclosure obligations — generally pre‑plea.
3 February 2025