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Constitutional Law

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Constitutional Law
7 documents
Mia v Malola & Malawi Electoral Commision (Election Petition 58 of 2025) [2025] MWHC 24 (11 November 2025)
Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
  • Election law — Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
Judgment 11 November 2025
Bushiri & Bushiri v Republic of South Africa (Criminal Review Case 5 of 2025) [2025] MWHCCrim 1 (31 October 2025)
High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants.
  • Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.
Judgment 31 October 2025
Sandram v Malawi Electoral Commission (Electoral Case 5 of 2025) [2025] MWHC 23 (9 September 2025)
Failure of the Returning Officer to notify a nomination defect rendered the exclusion unlawful despite incorrect fee paid at presentation.
  • Election law — nomination fees — age qualification for youth candidates determined at time of presentation — Returning Officer’s duty to notify defects before close of nominations (s.39(2)–(3)) — failure to notify defeats internal remedies (s.99) — judicial review permissible where no communicated decision.
Judgment 9 September 2025
Chauwa & 2 others v Malawi Congress Party (Civil Cause 140 of 2024) [2025] MWHCCiv 11 (9 May 2025)
An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
  • Civil procedure — validity and service of summons — Order 7 rule 25 (3‑month rule) — Irregularity and cure — Order 2 rules — renewal of summons — strike out — notice of change of legal practitioners not served — interlocutory application falls away.
Judgment 9 May 2025
Kalilani & 8 Others v Jiva & 10 Others (Electoral Case of 2019) [2019] MWHC 261 (12 June 2019)
A section 114 election petition is incompetent absent a prior Commission decision on the alleged irregularity.
  • Electoral law; s.114 Parliamentary and Presidential Elections Act — appeal lies only from a Commission decision confirming/rejecting irregularity; complaints under s.113 required first; judicial review distinct remedy; grounds for voiding election limited to s.114(3).
Judgment 12 June 2019
Kapanda v Misanjo (Civil Appeal 90 of 2015) [2018] MWHCCiv 10 (30 January 2018)
Appeal dismissed: lower court's adverse-possession finding upheld; inheritance statute inapplicable where not pleaded.
  • Land law — adverse possession — uninterrupted occupation and use for over 12 years — limitation statute; Civil procedure — evaluation of evidence and credibility; Pleadings — court confined to issues raised; Deceased Estates Act not applicable where inheritance not pleaded.
Judgment 30 January 2018
Mwalilino v S (Criminal Appeal 3 of 2015) [2017] MWHC 71 (3 April 2017)
Appellate court upheld conviction and concurrent sentences based on recent possession and an unreasonable explanation.
  • Criminal law — burglary and armed robbery — doctrine of recent possession — possession of stolen property shortly after theft — burden and standard of proof — appellate restraint on sentence interference; concurrent sentences.
Judgment 3 April 2017