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All courts - 2014 July

4 judgments
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4 judgments
July 2014
Shaba v Republic (Criminal Appeal 19 of 2014) [2014] MWHC 492 (16 July 2014)
Conviction upheld; sentence increased from six years IHL to eighteen years imprisonment without hard labour.
  • Criminal law — Defilement — sentencing starting point 14 years — aggravating factors: breach of trust, planning, repeated assault, violence, injury, lack of remorse — mitigation: first offender (limited).; Exercise of discretion under s.27(1) Penal Code to impose imprisonment without hard labour.; Protection of child victims’ identities — Registrar to obscure/remove names from public records.; Prosecutorial consideration that rape may be charged where intercourse with a child occurred without consent.
16 July 2014
G4S Security Services Limited v Magola (Civil Cause 431 of 2012) [2014] MWHC 497 (8 July 2014)
Failure to file and serve a notice of appointment of legal practitioners is a fundamental irregularity barring counsel’s right of audience, warranting dismissal of the appeal.
  • Civil procedure — notice of appointment of legal practitioners — requirement to place counsel on record — right of audience; Procedural irregularity — whether omission is fundamental or curable under O.2 r.1 RSC; Access to justice — constitutional argument not determinative where counsel not on record; Default judgment — appeal dismissed for counsel not validly on record.
8 July 2014
Phiri v Electoral Commission (Election Petition 25 of 2014) [2014] MWHC 493 (4 July 2014)
The applicant's election petition was dismissed as time-barred; broadcast declaration triggered the seven-day filing period.
  • Electoral law — Time limits for election petitions — Interpretation of section 100(1) PPE Act — Computation of time (General Interpretation Act s45) — Effect of section 99 publication requirements on commencement of limitation period — Declaration by broadcast sufficient to trigger time limit.
4 July 2014
Kamkwatira v Electoral Commission & Khembo (Election Petition 12 of 2014) [2014] MWHC 494 (3 July 2014)
The applicant failed to show alleged tally-sheet tampering likely affected the result; recount denied and petition dismissed.
  • Election law — Parliamentary and Presidential Elections Act s114(4) — requisites for recount; burden of proof (balance of probabilities); s93(2) entitlement to copies of tally summaries; parallel vote tabulation admissibility and reliability; electoral transparency and safeguards for tally-sheet alterations.
3 July 2014