Malawi Supreme Court of Appeal - 1995

4 judgments

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4 judgments
Citation
Judgment date
November 1995
The President and Speaker are not suable as public officers for official acts; such challenges should proceed through the Attorney General, and declaratory relief requires sufficient interest.
Constitutional procedure – suits against State officers – President and Speaker not "public officers" for personal suability; official acts to be sued through Attorney General – Presidential immunity under s.91(1) but office subject to court orders – parliamentary privilege for Speaker – locus standi and limits on declaratory relief.
19 November 1995
September 1995
Constitutional bail right prevails unless prosecution proves on balance of probabilities that release would be contrary to the interests of justice.
Constitutional right to bail (s.42) — burden on prosecution to show 'interests of justice' — "exceptional circumstances" not a rigid prerequisite — severance of charges may justify fresh bail application — s.293 statements are summaries; depositions/affidavits may assist but courts must avoid mini‑trials.
10 September 1995
Constitutional bail right requires prosecution to show on balance of probabilities that release would be contrary to the interests of justice.
Constitutional right to bail (s.42) — "interests of justice" — burden on prosecution to justify continued detention; "exceptional circumstances" not a rigid prerequisite — severance as fresh circumstances for bail — role of s.293 statements, depositions and affidavits — delay and prejudice in custody.
10 September 1995
August 1995
20 August 1995