Litigation
The MLS has a statutory duty to protect matters of public interest touching, ancillary or incidental to the law. Over the years, the MLS has been the voice of hope to the citizens by, among others, commencing legal actions, releasing statements, commenting on matters of public interest and issuing press releases tackling issues of rule of law, good governance, corruption, transparency and accountability, among others. The following are court cases that the MLS commenced in the High Court in the public interest since 2019. Some of the cases have been concluded:
Judicial Review Case Number 6 of 2023: The State (On the Application of the Malawi Law Society v Prosecutor Levison Mangani SACP, The Chief Resident Magistrate (Lilongwe) and the Secretary to the President and Cabinet
On 6th February, 2023, the MLS obtained permission to apply for a judicial review of some impugned 2 decisions of the defendants pertaining to the Director of the Anti-Corruption Bureau, Ms. Martha Chizuma. The impugned decisions are, namely, the decision of the 1st defendant on 25th January, 2023 to charge […]
Engagement with the Registrar of Political Parties on Political Party Funding and Subsequent Litigation- Judicial Review Case Number 14 of 2022: The State (On the Application of Malawi Law Society) v Registrar General (As Registrar of Political Parties).
On 20th July 2021, the MLS wrote the Registrar of Political Parties in terms of the Constitution [sections 37 and 12(1)(a) and (f)] as read with the LELPA [section 64(d)] and the Access to Information Act [section 15]. The MLS requested that he provides the MLS with information reflecting on […]
Judicial Review Case No. 33 of 2020: The State (On the Application of Malawi Law Society) v Prof. Arthur Peter Muntharika and Hon. Judge Lloyd Muhara
On 14th June 2020 the Respondents, while in occupation of the office of the President of the Republic of Malawi and Secretary to the Cabinet respectively made and caused to be published a Notice purporting to announce the retirement of Chief Justice Andrew Nyirenda and Justice of Appeal Twea and […]