The Judiciary defends Supreme Court of Appeal’s long duration to pass judgement on revocation of Finance Bank’s liquidation

  * The disposal of legal matters is influenced by a range of factors, including the complicity of the issues involved  * As well as interlocutory applications, adjournments by the parties and compliance with procedural requirements By Duncan Mlanjira  The Malawi Judiciary’s Chief has defended the Supreme Court of Appeal’s long duration to pass judgement on the revocation of Finance Bank’s liquidation made by the Reserve Bank of Malawi (RBM), whose appeal case was filed in 2005 but was…

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Jurisprudence, or the wisdom to pause; On courts, remedies and institutional learning

* Much of the public discussion has centred on legality. Was the regulator, the Reserve Bank, wrong? Was the court right to say so? * On that question, there is little mystery. Authority must answer to law. A court that affirms this is merely performing one of its most important democratic functions Analysis by By Dr. Ken Lipenga on Supreme Court judgement on Finance Bank issue I have always been drawn to words before I am drawn to arguments….

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Malawi Law Society faults Supreme Court of Appeal on delayed pace of justice delivery

* The 12-year period to conclude the appeal by Finance Bank of Malawi Limited voluntary liquidation is matter of serious concern * Calls upon the President to expedite the appointment of the Judicial Service Commission and the Parliamentary Public Appointments Committee to appoint the Independent Complaints Commission of the Judiciary By Duncan Mlanjira The Malawi Law Society (MLS) has faulted the Supreme Court of Appeal on the delayed pace of justice delivery citing the case of the appeal by…

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Sexual Reproductive Justice Network calls for enforcement of High Court ruling affirming safe abortion rights for sexual violence minors

* The ruling acknowledges the urgent need for comprehensive healthcare and reproductive rights for girls, particularly for those who fall victim to sexual violence * It is a step towards ensuring that victims of rape, incest, and defilement can access safe and legal abortion services as a vital component of their healthcare By Duncan Mlanjira As part of the commemoration of 16 Days of Activism Against Gender-Based Violence (GBV), Sexual Reproductive Justice Network (SEJUN) is calling on the Malawi…

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Religious organisation highly commends High Court ruling mandating medical practitioners to provide safe abortion to minors who fall pregnant due to rape

Religious Leaders Network for Choice National Coordinator, Rev Nyekanyeka * Religious Leaders Network for Choice advocates dignity for all human beings and believes that rape, defilement and sexual abuse are evil and should not be justified * As the court recognised and confirmed that health is not just an absence of illness but it goes beyond that to include mental health which is also of great concern to society * By making emphasis on the mental health aspect of…

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INUA applauds Malawi Police for arresting fellow officers who robbed Burundian refugee millions of Kwacha during 2023 forced relocation exercise

* For two years, we have been calling for thorough investigations and redress for refugees — particularly those who lost property, income, and means of livelihood during the enforcement of the relocation exercise * Many of the affected refugees remain destitute, struggling to rebuild their lives after losing the little they had * The recent arrests, therefore, bring a measure of hope that justice may finally begin to take shape for those who have endured silence for far too long…

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SA Justice Ministry determine to take next legal course of action after Prophet Bushiri wins his appeal against extradition

The Bushiris  * To collaborate closely with Malawian authorities “to ensure that justice prevails, combat corruption, and strengthen mechanisms for cross-border cooperation in criminal matters * As Justice Mvula faulted the Magistrate Court did not exercise judicial discretion correctly by making a finding for extradition, when the evidence on the extradition hearing fell short to make the finding By Duncan Mlanjira South Africa’s Ministry of Justice is reported to be studying the ruling of the High Court of Malawi,…

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Six fined a total of K2.125 million for illegal possession of 2,055 litres fuel

* Kautanda to pay K800,000, Buli K500,000, Moffat K350,000, January K250,000, Jamilah K150,000, and Divason K75,000  * All the convicts paid the fines in full and the court further ordered that the confiscated 2,055 litres of fuel be forfeited to the Malawi Government Maravi Express Second Grade Magistrate’s Court in Mangochi has convicted and fined five men and one woman a total of K2.125 million for possessing 2,055 litres of liquid petroleum without permits — and the fuel has…

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Some judges elevated from High Court to Supreme Court leave cases without proper handovers

* A case that was commenced over 25 years ago and was already heard by the High Court but it cannot proceed because the judge that heard the matter retired some five years ago * Delays in concluding trials mean that remandees stay too long on remand and in the worst cases, people have been on remand for over five years * For such people, their right to be presumed innocent until proven guilty is practically taken away as…

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No one submitted any evidence to MHRC’s enquiry on alleged corruption practices leveled against High Court Judge Ken Manda or the Judiciary in general

* Parliament was also asked to furnish MHRC with more information on the matter but the enquiry did not receive any response * Despite that it was the Parliamentary Legal Affairs Committee that requested the MHRC to act on the corruption allegations against Justice Manda and the Judiciary By Duncan Mlanjira The Malawi Human Rights Commission (MHRC) has submitted its report on the enquiry into corruption allegations levelled against High Court Judge, Ken Manda and the Judiciary in general…

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