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3 judgments
May 2024
Republic v Chilima (Criminal Case 10 of 2023) [2024] MWHCFin 5 (6 May 2024)
DPP discontinuance under constitutional and procedural provisions led to immediate discharge, release from bail, and potential re-prosecution within six months.
  • Constitutional law — Director of Public Prosecutions' power to discontinue prosecutions (s99(2)(c)) — Criminal procedure (s77(1)(a)) — Effect of discontinuance: immediate discharge and release from bail — Non-bar to re-prosecution within six months — Duty to provide reasons to Legal Affairs Committee (s99(3)).
6 May 2024
Kalua v Standard Bank PLC (MATTER NUMBER IRC 631 of 2021) [2024] MWIRC 9 (3 May 2024)
Dismissal for negligently authorising suspect cheques and poor supervision was substantively and procedurally fair.
  • Employment law — unfair dismissal; supervisory duty and record-keeping in banking; negligence/recklessness in authorising cheques; procedural fairness in disciplinary hearings; discrimination and proportionality of dismissal.
3 May 2024
Henderson v R (Criminal Appeal No. 01 of 2023 (Being Criminal Review Case No. 448 of 2022)) [2024] MWHC 63 (2 May 2024)
Appeal dismissed for lack of mandatory leave and lateness; review misuse condemned and stays discharged for prompt prosecution.
  • Criminal procedure — Appeals from High Court in criminal review — Mandatory requirement for leave under section 11(2) — Time limits for notice of appeal under section 17(1) — Misuse of review as substitute for appeal — Stays discharged and case remitted for directions.
2 May 2024