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Malawi Supreme Court of Appeal - 2001 September

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1 judgment
September 2001
Banda v Chakalamba (Misc. Civil Appeal 2 of 2001) [2001] MWSC 4 (23 September 2001)
An in‑court agreement based on alleged witchcraft and to stay sentence is illegal and unenforceable; committal and restitution ordered.
  • Witchcraft Act s6 and s9 — representation as a wizard/witch and use of charms — illegality of contracts founded on witchcraft; Public policy — agreements to discontinue criminal proceedings or stay execution of sentence in court proceedings — Magistrate functus officio and lack of power to stay execution; Restitution under Criminal Procedure and Evidence Code s148(1); Seizure and sale of assets to satisfy restitution
23 September 2001