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High Court of Malawi Financial Crimes Division - 2024 April

4 judgments
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4 judgments
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