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Lilongwe District Registry - 2025

3 judgments
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3 judgments
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