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High Court of Malawi Financial Crimes Division

10 judgments
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10 judgments
July 2026
Republic v Lin Yunhua (Criminal Case 5 of 2025) [2026] MWHCFin 1 (13 July 2026)
High Court cannot grant leave under s81 CP&EC to withdraw prosecutions; the DPP must use discontinuance power.
  • Criminal Procedure
    • — Withdrawal of Proceedings — Applicability of s81 Criminal Procedure and Evidence Code to High Court — Interpretation of Part X and expressio unius
    • — Discontinuance — DPP's power to discontinue prosecutions without court leave — Limits and procedure
  • Criminal Practice — Abuse of Process — Prosecutorial invocation of court leave where discontinuance is available
13 July 2026
September 2025
The State(On The Application Of The Director Of The Public Prosecutions) vs The Chief Justice Of The High Court Of Malawi (Judicial Review Cause 4 of 2025) [2025] MWHCFin 2 (2 September 2025)
Chief Justice certifies the whole proceeding as constitutional; certification is a judicial, conclusive act not amenable to review or appeal.
  • Certification under s.9(2) Courts Act — Chief Justice certifies the whole original proceeding; Certification is judicial, conclusive and transforms the case into a constitutional matter; Party-commenced certification ordinarily commenced by summons under CPR Order 19 (service and response required); Alleged procedural irregularities in certification are to be addressed to the Chief Justice (Order 2 Rule 3(a)), not by judicial review or appeal.
2 September 2025
August 2025
The State vs The Acting Director of the Anti-Corruption Bureau (Judicial Review Cause 5 of 2025) [2025] MWHCFin 3 (31 August 2025)
Court refused challenge to Acting Director’s authority, stayed 24‑hour production requirement, and granted review permission on campaign speech vs ACB investigatory powers.
  • Administrative law — judicial review; Actings appointments — authority of Deputy Director to act as Director; Anti‑Corruption Bureau powers — s.10–11 Corrupt Practices Act; Electoral law — freedom of expression during campaign (constitutional s.35 and Elections Act s.53–55); Reasonableness of statutory document production timelines; Interim stay to protect campaign speech.
31 August 2025
March 2025
Jawad v R (Criminal Review Case 3 of 2024) [2025] MWHCFin 1 (7 March 2025)
High Court reversed conviction entered in absentia for felony; ordered trial to continue upon arrest and plea to amended charges.
  • Criminal procedure — review — High Court power to call records — Trial in absentia — section 248 CP&EC — felony charges — requirement to issue warrant and bring accused before court — convictions where accused did not plead to amended charge.
7 March 2025
May 2024
Republic v Chilima (Criminal Case 10 of 2023) [2024] MWHCFin 5 (6 May 2024)
DPP discontinuance under constitutional and procedural provisions led to immediate discharge, release from bail, and potential re-prosecution within six months.
  • Constitutional law — Director of Public Prosecutions' power to discontinue prosecutions (s99(2)(c)) — Criminal procedure (s77(1)(a)) — Effect of discontinuance: immediate discharge and release from bail — Non-bar to re-prosecution within six months — Duty to provide reasons to Legal Affairs Committee (s99(3)).
6 May 2024
April 2024
R v Kabambe and Another (Criminal Case 19 of 2023) [2024] MWHCFin 4 (19 April 2024)
An admitted legal practitioner on the Roll must hold a valid practising licence to appear, and the abuse-of-office charge was time-barred under s302A.
  • Criminal procedure — Public prosecutors: distinction between "legally qualified" and "entitled to practice"; practising licence mandatory for admitted legal practitioners; LELPA s30(4). — Time limits: s302A CP&EC mandates commencement/completion timelines; failure to commence trial within 12 months discharges accused. — Pre-trial dismissal: summary dismissal of criminal charges is exceptional; insufficiency of evidence ordinarily tested after prosecution case.
19 April 2024
Chipala and 2 Others v R (Criminal Review Case 2 of 2024) [2024] MWHCFin 3 (16 April 2024)
Applicants sought High Court review of magistrate’s bail refusal; Court dismissed for failure to meet high review threshold and wrong procedure.
  • Criminal procedure — High Court revisionary/supervisory jurisdiction (s.26 Courts Act; s.360 CP&EC) — Bail law — Bail Guidelines Act (Part II, s.4) — Prima facie assessment of prosecution evidence at bail stage — Exceptional threshold for review versus appeal/fresh application.
16 April 2024
R v Mandevu (Confirmation Case 3 of 2024) [2024] MWHCFin 1 (12 April 2024)
Conviction on guilty plea confirmed for obtaining by false pretences; maximum sentence set aside and reduced to 30 months.
  • Criminal law — Obtaining by false pretences (s.319 Penal Code) — Confirmation of conviction on plea — Sentencing: maximum penalty reserved for worst offences — Registrar and jurisdictional duties under Courts Act s.6A and Practice Direction No.1 of 2023.
12 April 2024
Financial Intelligence Authority v Ali and Another (Civil Cause 2 of 2024) [2024] MWHCFin 2 (8 April 2024)
An interlocutory injunction was granted to preserve funds subject to a valid preservation order, affirming Financial Crimes Division jurisdiction and condemning forum shopping.
  • Financial Crimes Division jurisdiction — preservation orders and freezing directives — exclusivity under Financial Crimes Act; interlocutory injunction to preserve status quo; forum shopping and abuse of court process; registrar’s duty to transfer misfiled matters.
8 April 2024
January 2024
R v Chilima (Criminal Case 10 of 2023) [2024] MWHCFin 6 (12 January 2024)
Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
  • Criminal procedure — disclosure vs national security — in-camera judicial inspection of classified Defence Council/MDF documents; public interest immunity; right to fair trial and disclosure obligations; particulars of bribery charges (unspecified amounts) — not fatal; statutory limitation — section 302A CP&EC — strict construction, time-barred misdemeanour counts discharged.
12 January 2024