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5 documents
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Date
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
The State vs The Acting Director of the Anti-Corruption Bureau (Judicial Review Cause 5 of 2025) [2025] MWHCFin 3 (31 August 2025)
Court refused challenge to Acting Director’s authority, stayed 24‑hour production requirement, and granted review permission on campaign speech vs ACB investigatory powers.
Administrative law – judicial review; Actings appointments – authority of Deputy Director to act as Director; Anti‑Corruption Bureau powers – s.10–11 Corrupt Practices Act; Electoral law – freedom of expression during campaign (constitutional s.35 and Elections Act s.53–55); Reasonableness of statutory document production timelines; Interim stay to protect campaign speech.
Judgment
31 August 2025
Mbele v The Director of Public Prosecutions (Constitutional Case 2 of 2024) [2025] MWHC 20 (17 July 2025)
Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
Judgment
17 July 2025
Mbele v The Director of Public Prosecutions (Constitutional Case 2 of 2024) [2025] MWHC 21 (17 July 2025)
Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
Criminal defamation – Freedom of expression (section 35) – Limitation test (section 44(1),(2)) – Proportionality and necessity – Civil remedies as less restrictive means – Chilling effect – Decriminalisation consistent with regional and international jurisprudence – Attorney General’s impartial role in constitutional referrals.
Judgment
17 July 2025
R v Chilima (Criminal Case 10 of 2023) [2024] MWHCFin 6 (12 January 2024)
Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
Criminal procedure — disclosure vs national security — in-camera judicial inspection of classified Defence Council/MDF documents; public interest immunity; right to fair trial and disclosure obligations; particulars of bribery charges (unspecified amounts) — not fatal; statutory limitation — section 302A CP&EC — strict construction, time-barred misdemeanour counts discharged.
Judgment
12 January 2024
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