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Malawi Judiciary

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It is headed by the Chief Justice.

The Malawi Judiciary is an arm of the Government of Malawi that is entrusted with the responsibility of interpreting, protecting, and enforcing the Constitution and all laws in accordance with the Constitution.

01/09/2026

𝗨𝗣𝗗𝗔𝗧𝗘𝗦 𝗙𝗥𝗢𝗠 𝗧𝗛𝗘 𝗦𝗨𝗣𝗥𝗘𝗠𝗘 𝗖𝗢𝗨𝗥𝗧 𝗢𝗙 𝗔𝗣𝗣𝗘𝗔𝗟!
Here is a review of the past week (24-28 August).

Coming this week:
𝟭𝘀𝘁 𝗦𝗲𝗽𝘁𝗲𝗺𝗯𝗲𝗿, 𝟮𝟬𝟮𝟲

⚖️Mama Cecilia Tamanda Kadzamira vs Sub Traditional Authority Kawere, Gabon Kaphwiti, Mrs Kaphwiti, Yeriko Mateyu
MSCA Misc Civil Application No. 31 of 2026

01/09/2026

Justice must not only hold perpetrators accountable, but it must also ensure that survivors are heard, supported and protected throughout the justice process.

We share this important reflection from Honourable Justice of Appeal Ivy Kamanga, SC, as she represented the Women Judges Association of Malawi at an intergenerational dialogue convened by UN Women.

26/08/2026

UPDATES FROM THE SUPREME COURT OF APPEAL!

Here is a review of the past week (17-21 August)

and cases planned for this week:

𝟮𝟲𝘁𝗵 𝗔𝘂𝗴𝘂𝘀𝘁, 𝟮𝟬𝟮𝟲

⚖️ Phillip Voets vs The Rep
MSCA Criminal Appeal No. 02 of 2025

𝟮𝟳𝘁𝗵 𝗔𝘂𝗴𝘂𝘀𝘁, 𝟮𝟬𝟮𝟲

⚖️Deep Blue Sea Limited vs Rift Valley Resource Development Limited and others
MSCA Civil Appeal No. 11 of 2026

⚖️Tom Kangulu vs Aziz Mohamed Issa
MSCA Misc Civil Application No. 02 of 2026

21/08/2026

COURT UPDATE - JUDICIAL REVIEW CAUSE NO. 26 OF 2026

Here is a ruling in the matter
𝗧𝗵𝗲 𝗦𝘁𝗮𝘁𝗲 (On application of:
𝗧𝗵𝗲 𝗠𝗮𝗹𝗮𝘄𝗶 𝗖𝗼𝗻𝗴𝗿𝗲𝘀𝘀 𝗣𝗮𝗿𝘁𝘆 - 1st Claimant
𝗛𝗼𝗻. 𝗘𝗺𝗺𝗮𝗻𝘂𝗲𝗹 𝗖𝗵𝗮𝗺𝗯𝘂𝗹𝗮𝗻𝘆𝗶𝗻𝗮 𝗝𝗲𝗿𝗲 - 2nd Claimant
𝗛𝗼𝗻. 𝗔𝗯𝗿𝗮𝗵𝗮𝗺 𝗠𝘄𝗮𝗸𝗵𝘄𝗮𝘄𝗮 - 3rd Claimant
𝗛𝗼𝗻. 𝗗𝗮𝗻𝗶𝗲𝗹 𝗖𝗵𝗶𝘁𝗼𝗻𝘆𝗮 𝗠𝘄𝗮𝗻𝘆𝗼𝗻𝗴𝗼 - 4th Claimant)
-And-
𝗧𝗵𝗲 𝗖𝗵𝗶𝗲𝗳 𝗦𝗲𝗰𝗿𝗲𝘁𝗮𝗿𝘆 𝘁𝗼 𝗚𝗼𝘃𝗲𝗿𝗻𝗺𝗲𝗻𝘁 (also known as the Secretary to the President and Cabinet) - 1st Defendant
𝗧𝗵𝗲 𝗠𝗶𝗻𝗶𝘀𝘁𝗲𝗿 𝗼𝗳 𝗟𝗮𝗻𝗱𝘀, 𝗛𝗼𝘂𝘀𝗶𝗻𝗴 𝗮𝗻𝗱 𝗨𝗿𝗯𝗮𝗻 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 - 2nd Defendant

In which the Defendants applied for an order setting aside the stay of the proceedings with the intention to discharge the permission granted for judicial review.

In June 2026, the Claimants' application for judicial review was granted in the matter in which they are challenging the decision of the Chief Secretary to Government to implement the relocation of the Malawi Electoral Commission (MEC), and the Minister of Lands, Housing and Urban Development, on MEC premises tenancy renewal.

Application by the Defendants to set aside the stay of proceedings has been dismissed.

Access the ruling: https://www.judiciary.mw/node/985

20/08/2026

𝗖𝗢𝗨𝗥𝗧 𝗨𝗣𝗗𝗔𝗧𝗘

𝗜𝗡 𝗧𝗛𝗘 𝗦𝗨𝗣𝗥𝗘𝗠𝗘 𝗖𝗢𝗨𝗥𝗧 𝗢𝗙 𝗠𝗔𝗟𝗔𝗪𝗜
MSCA Civil Appeal No. 02 OF 2024

Between:
𝗔𝗴𝗿𝗶𝗰𝘂𝗹𝘁𝘂𝗿𝗲 𝗥𝗲𝘀𝗼𝘂𝗿𝗰𝗲𝘀 𝗟𝗶𝗺𝗶𝘁𝗲𝗱 (Appellant)
-and-
𝗪𝗶𝗻𝗱𝗺𝗶𝗹𝗹 (𝗣𝗿𝗶𝘃𝗮𝘁𝗲) 𝗟𝗶𝗺𝗶𝘁𝗲𝗱 (Respondent)

In this case, the MSCA addresses an appeal arising from an agreement the Appellant had with the Respondent. The Respondent is a Zimbabwean company in the business of supplying fertilisers and chemicals for profit. The Appellant is a Malawian shareholder of the Respondent’s subsidiary Windmill (Malawi) Limited (Windmill M).

The Appellant is also the Respondent’s agent for collecting and remitting the Respondent’s share of profits in Windmill M. Some of the goods sold and delivered to the Appellant by the Respondent were not paid for. The Respondent therefore brought the matter against the Appellant in the court below.

Read more: https://www.judiciary.mw/node/984

20/08/2026

Learn more about the Industrial Relations Court.

With registries in Blantyre, Lilongwe, Mzuzu and Zomba, it has jurisdiction to hear and determine labour disputes and other issues relating to employment.

Access the latest rulings from the Industrial Relations Court here or scan the QR code: https://www.judiciary.mw/index.php/judgements/popular-judgements

20/08/2026

𝗡𝗢𝗧𝗜𝗖𝗘 𝗢𝗙 𝗗𝗘𝗟𝗜𝗩𝗘𝗥𝗬 𝗢𝗙 𝗥𝗨𝗟𝗜𝗡𝗚

Criminal Case Number 4 of 2026 - The Republic vs Sylvester Namiwa

Friday, 21st August 2026 - 10:00
High Court of Malawi, Criminal Division, Lilongwe Registry - Open Court

18/08/2026

𝗖𝗢𝗨𝗥𝗧 𝗨𝗣𝗗𝗔𝗧𝗘

𝗜𝗡 𝗧𝗛𝗘 𝗦𝗨𝗣𝗥𝗘𝗠𝗘 𝗖𝗢𝗨𝗥𝗧 𝗢𝗙 𝗠𝗔𝗟𝗔𝗪𝗜
MSCA Civil Appeal No. 05 of 2023

Between:
𝗥𝗮𝗺𝗲𝘀𝗵 𝗧𝗵𝗮𝗸𝗼𝗿 𝗣𝗮𝘁𝗲𝗹 (Appellant)
-and-
𝗥𝘂𝘁𝗵 𝗠. 𝗟𝗼𝘂𝗿𝗲𝗻𝗰𝗼 & 𝗥𝗶𝗰𝗵 𝗟𝗼𝘂𝗿𝗲𝗻𝗰𝗼 (Respondents)

𝗔𝗽𝗽𝗲𝗮𝗹 𝗔𝗹𝗹𝗼𝘄𝗲𝗱

The case concerned a dispute over ownership of several properties between the Appellant and the Respondents.

The Supreme Court of Appeal has set aside the judgment of the High Court of Malawi, Civil Division, Lilongwe, in Land Cause No. 104 of 2018.

The Court has declared that Title Nos. Alimaunde 10/386 and Alimaunde 10/387, Title Nos. Bwaila 47/132 and Bwaila 47/133, and Title No. Bwaila 47/162 are held by the Respondents on resulting trust for the Appellant, and therefore the Respondents shall, within thirty (30) days of the judgment, execute all documents necessary to transfer legal title in the said properties to the Appellant.

Read more: https://www.judiciary.mw/node/981

18/08/2026

𝗖𝗢𝗨𝗥𝗧 𝗨𝗣𝗗𝗔𝗧𝗘

𝗜𝗡 𝗧𝗛𝗘 𝗦𝗨𝗣𝗥𝗘𝗠𝗘 𝗖𝗢𝗨𝗥𝗧 𝗢𝗙 𝗠𝗔𝗟𝗔𝗪𝗜
MSCA Civil Appeal No. 05 of 2023

Between:
𝗟𝗲𝗺𝘀𝗼𝗻 𝗖𝗵𝗶𝘁𝗮𝘄𝗼 & 𝗠𝗼𝗻𝗶𝗰𝗮 𝗗𝘇𝗮𝗻𝗷𝗮𝗹𝗶𝗺𝗼𝗱𝘇𝗶 (Appellants)
-and-
𝗠𝗣𝗜𝗖𝗢 𝗣𝗹𝗰 𝗟𝘁𝗱 (Respondent)

𝗔𝗽𝗽𝗲𝗮𝗹 𝗗𝗶𝘀𝗺𝗶𝘀𝘀𝗲𝗱

This appeal arises from a long-running employment dispute following the redundancy dismissals of the Appellants by MPICO PLC. The immediate appeal concerns the High Court’s decision setting aside or varying parts of the Industrial Relations Court’s assessment of compensation.

The central complaint by the Appellants was that the High Court unlawfully interfered with factual findings of the Industrial Relations Court. That complaint is not sustained. Although appeals from the Industrial Relations Court are confined to questions of law, an appellate court may intervene where factual findings are infected by legal error, misapplication of principle, lack of evidential foundation, or a legally unsustainable approach.

Read more: https://www.judiciary.mw/node/980

17/08/2026

Have a look at the key business of the Supreme Court of Appeal in the past week.

Below are the cases taking place before the Supreme Court of Appeal in the week of 17th to 21st August, 2026:

𝟭𝟴𝘁𝗵 𝗔𝘂𝗴𝘂𝘀𝘁, 𝟮𝟬𝟮𝟲

⚖️𝗗𝗮𝘃𝗶𝗲 𝗣𝗮𝘂𝗹 𝗠𝗮𝗹𝗮𝗺𝘆𝗮 𝘃𝘀 𝗗𝗼𝗿𝗮 𝗞𝗮𝗹𝗶𝗹𝗼𝗺𝗯𝗲 𝗠𝗮𝗹𝗮𝗺𝘆𝗮
MSCA Misc Civil Application No. 29 of 2026
(Chamber - Hon. Justice of Appeal Sylvester Kalembera SC)

⚖️𝗟𝗲𝗺𝘀𝗼𝗻 𝗖𝗵𝗶𝘁𝗮𝘄𝗼 𝗮𝗻𝗱 𝗠𝗼𝗻𝗶𝗰𝗮 𝗗𝘇𝗮𝗻𝗷𝗮𝗹𝗶𝗺𝗼𝗱𝘇𝗶 𝘃𝘀 𝗠𝗣𝗜𝗖𝗢
MSCA Civil Appeal No. 05 of 2023
(Full Bench - Judgment)

⚖️𝗥𝗮𝗺𝗲𝘀𝗵 𝗧𝗵𝗮𝗸𝗼𝗿 𝗣𝗮𝘁𝗲𝗹 𝘃𝘀 𝗥𝘂𝘁𝗵 𝗠. 𝗟𝗼𝘂𝗿𝗲𝗻𝗰𝗼 𝗮𝗻𝗱 𝗥𝗶𝗰𝗵 𝗟𝗼𝘂𝗿𝗲𝗻𝗰𝗼
MSCA Civil Appeal No. 17 of 2025
(Full Bench - Judgment)

⚖️𝗔𝗴𝗿𝗶𝗰𝘂𝗹𝘁𝘂𝗿𝗮𝗹 𝗥𝗲𝘀𝗼𝘂𝗿𝗰𝗲𝘀 𝗟𝗶𝗺𝗶𝘁𝗲𝗱 𝘃𝘀. 𝗪𝗶𝗻𝗱𝗺𝗶𝗹𝗹 (𝗣𝗿𝗶𝘃𝗮𝘁𝗲) 𝗟𝗶𝗺𝗶𝘁𝗲𝗱
MSCA Civil Appeal No. 02 of 2024
(Full Bench - Judgment)

𝟮𝟬𝘁𝗵 𝗔𝘂𝗴𝘂𝘀𝘁, 𝟮𝟬𝟮𝟲

⚖️𝗚𝗿𝗲𝗲𝗻 𝗜𝘀𝗹𝗮𝗻𝗱 𝗖𝗼𝗺𝗽𝗮𝗻𝘆 𝗟𝗶𝗺𝗶𝘁𝗲𝗱 𝘃𝘀 𝗘𝗰𝗼𝗯𝗮𝗻𝗸 𝗠𝗮𝗹𝗮𝘄𝗶 𝗟𝗶𝗺𝗶𝘁𝗲𝗱
MSCA Misc Civil Application No. 11 of 2026
(Chamber - Hon. Justice of Appeal Sylvester Kalembera SC)

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