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Criminal offences in environmental law

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Criminal offences in environmental law
4 documents
R v Mbawu (Being Criminal Case 374 of 2024 at Mchinji Magistrate's Court) [2024] MWHCCrim 8 (19 November 2024)
High Court set aside arbitrarily imposed fines for forestry offences, requiring means test and reducing custodial sentences.
  • Forestry offences — sentencing — fines and default imprisonment — mandatory means test — application of Fines (Conversions) Act — first offender principles — s340(1) Criminal Procedure and Evidence Code — supervisory confirmation review.
Judgment 19 November 2024
Mkandawire & Anor. v Tropha Estate Limited & Anor. (Civil Cause 142 of 2017) [2017] MWHC 819 (11 September 2017)
Mediator found the proposed pump site within road-reserve/buffer-zone intersection; construction confined there not violating plaintiffs' customary rights.
  • Land law — customary land v public land — road reserve and river buffer zone intersection — Waterworks Act s.6 — entitlement to injunctive relief where works extend onto customary land.
Judgment 11 September 2017
Tekwatekwa v Butao (Civil Appeal 50 of 2013) [2017] MWHC 75 (1 June 2017)
Appellate court upheld lower court's credibility finding in a customary land dispute and dismissed the appeal with costs.
  • Customary land — communal ownership — chiefs’ power to authorize use under Land Act ss.25–26 — limits of chiefs’ authority — allocation vs individual title; civil proof on balance of probabilities; credibility findings on customary land disputes; relationship between Traditional Authority determinations and court jurisdiction.
Judgment 1 June 2017
Donnex & Ors. v R (75 of 2008) [2008] MWSC 210 (13 July 2008)
An 18‑month custodial sentence for illegal charcoal burning was excessive; fines substituted for first offenders.
  • Forestry Act s64(
  • A) — sentencing for illegal charcoal burning — omission to assess damage value — consideration of first offender status — custodial sentence manifestly excessive — substitution with fine
Judgment 13 July 2008