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Lilongwe Registry - 2025

2 judgments
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2 judgments
October 2025
Bushiri & Bushiri v Republic of South Africa (Criminal Review Case 5 of 2025) [2025] MWHCCrim 1 (31 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
Republic v Henry Mathanga & 3 Others (Criminal Case 19 of 2023) [2025] MWHCCrim 3 (3 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