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Malawi Supreme Court of Appeal - 1995

4 judgments
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4 judgments
November 1995
President of Malawi & Anor. v Kachere & Ors. (MSCA Civil Appeal 20 of 1995) [1995] MWSC 2 (19 November 1995)
The respondents cannot sue the President or Speaker personally for official acts; proceedings must be brought via the Attorney General.
  • Constitutional law — Suit against high office‑holders — President and Speaker not "public officers" for personal suability — Actions against official acts to be brought via Attorney General — Presidential immunity under s.91(1) — Parliamentary privilege under s.60 — Declaratory relief requires sufficient interest/standing
19 November 1995
September 1995
Tembo & Ors. v Director of Public Prosecutions (MSCA Criminal Appeal 11 of 2004) [1995] MWSC 1 (10 September 1995)
Severance, trial delay and the prosecution's burden under s.42 justified granting bail to the appellants.
  • Constitutional right to bail (s.42) — "interests of justice" as qualification — prosecution's burden on bail — severance of charges as fresh basis for bail — caution in relying on s.293 statements — delay and length of trial as grounds for bail
10 September 1995
Tembo & Ors. v Director of Public Prosecutions (MSCA Criminal Appeal 11 of 2004) [1995] MWSC 3 (10 September 1995)
Bail is a constitutional right unless the prosecution shows, on balance, that the interests of justice require continued detention.
  • Constitutional right to bail (s.42) — "interests of justice" test — burden on prosecution to show detention justified — "exceptional circumstances" not always prerequisite — severance of charges may justify fresh bail application — limited weight of s.293 statements at bail stage — delay and length of trial relevant
10 September 1995
August 1995
Director of Public Prosecutions v Lunguzi (1 of 1995) [1995] MWSC 99 (20 August 1995)
20 August 1995