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PressCane escapes K6.6 billion compensation lawsuit based on the wording of Section 19 of the Environmental Management Act

April 22, 2026

| Business, Courts, Law Enforcement, National, News

* Basically, Section 19 of the Environmental Management Act protects members and employees of Malawi Environmental Protection Authority (MEPA) from personal liability for acts done in good faith while carrying out their official duties * It does not mention private companies; it does not provide blanket immunity for licensees — the protection is limited to regulators acting in good faith * It appears the wording of Section 19 of the Environmental Management Act might have been misapplied by treating…

Government has not implemented High Court’s 180-day deadline order to amend Standards & Guidelines for Post Abortion Care

April 22, 2026

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| Courts, Education, Law Enforcement, National, News

* To provide termination of pregnancy services to child victims of sexual assault and gender-based violence * The order to train designated post-abortion healthcare professionals to provide safe and legal abortions to minors also not implemented * Malawi Human Rights Commission also not implementing what the Court ordered to enforce the Gender Equality Act By Duncan Mlanjira The 180 days has elapsed that the High Court set in its ruling on October 28, 2025, but the government has not…

High Court rules Power Market Limited to resume its operations

April 11, 2026

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| Courts, National, News

* The PML voluntary winding up, made under the Insolvency Act of 2016, reverted its functions to Electricity Supply Corporation of Malawi (ESCOM) in the generation and distribution of power By Duncan Mlanjira Power Market Limited (PML), which was created as part of the power market restructuring process to perform a single buyer function in the electricity industry —but was dissolved in January 2023 — will resume its operations following a High Court ruling made yesterday, April 10, 2026….

MEC further pursuing High Court’s assessment on relocation for proper and definitive constitutional determination

April 9, 2026

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* The matter was dismissed on procedural grounds and that the substantive constitutional issues raised were not determined by the Court * On this premise, the Commission has resolved that the issues, being constitutional in nature, must be properly and definitively determined by the Court By Duncan Mlanjira Malawi Electoral Commission (MEC) indicates that it is pursuing further the application for judicial review it made seeking a definitive court clarification on whether the directive by President Arthur Peter Mutharika…

Thyolo man sentenced to 3 years of hard labour without option of fine for vandalising ESCOM copper wires

April 2, 2026

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Cases of vandalism on the increase * He was apprehended with 200 meters of 70mm hard-drawn copper wire By Dalitso Kampira, MANA Alli Mustafa has been sentenced to 36 months imprisonment with hard labour by Chief Resident Magistrate Court in Thyolo for vandalising Electricity Supply Corporation of Malawi (ESCOM) equipment. State Prosecutor, Inspector Ishmael Abubast, told the court that on March 1, 2026, Mustafa (40) and an accomplice, who remains at large, were caught in possession of the ESCOM…

Injunction granted against President Mutharika’s Executive Order against public health careworkers’ interests in private health facilities

March 14, 2026

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| Courts, Health, Law Enforcement, National, News

* That prohibits all persons employed by a public hospital or health facility to own, operate or hold shares in a private health clinic or pharmacy * And further directing all such employees to divest from their interests within 30 days from February 16, 2026 or face dismissal from employment By Duncan Mlanjira Applied for by Aubrey Milinda, Davie Kalulu and Wellington Chipofya, the High Court in Lilongwe has granted an injunction against President Mutharika’s Executive Order No. 1…

Lawyer Kalekeni Kaphale removed in court case as being in conflict of interest that he was involved in acting as Attorney General 7 years ago

March 10, 2026

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Former Attorney General Kalekeni Kaphale * In Commercial Cause No. 259 of 2019 involving Prima Fuels Ltd, Attorney General against Total Malawi and Total Ltd * Allowing his firm to continue acting for Total Malawi will, even to the most objective person, conjure injustice and unfairness to Prima Fuels * Total Malawi Limited has several legal practitioners acting on their behalf in the case and should the company still desire to replace Messrs Kalekeni Kaphale Lawyers, they should do…

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

February 13, 2026

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* 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…

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

February 12, 2026

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* 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….

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

February 12, 2026

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| Business, Courts, National, News

* 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…