Log in

Relevant bibliographies by topics / Law, malawi / Journal articles

To see the other types of publications on this topic, follow the link: Law, malawi.

Journal articles on the topic 'Law, malawi'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 January 2023

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Law, malawi.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Nzunda, Matembo. "New Company Law for Malawi." Journal of African Law 33, no. 1 (1989): 1–18. http://dx.doi.org/10.1017/s0021855300007944.

Full text

Abstract:

Company law needs to be reformed so as to promote and maintain the protection of the interests of shareholders, creditors and the community. These are the three “social and economic needs to which a system of company law should respond”. These three purposes of company law are not mutually exclusive. However, the weighting of them depends on the space factor and time factor of law reform. Space factor refers to the differences in economic, social, political and other conditions and needs between one country and another at a given time. So, “Whereas in Britain one of the main purposes of company legislation is to protect the interests of shareholders, in a developing country like Malawi its main function should be to protect the interests of the national economy since most of the effective shareholders will in fact be non-resident in the country.” Time factor refers to the differences in economic, social, political and other conditions and needs of a country between one time and another. For example, the increasing internationalisation of the Malawian political economy, through branches and subsidiaries of multinational companies and joint-ventures, may demand that companies’ legislation in Malawi respond to the conditions and needs of such an economy. Of course, the two factors constantly act on each other.

APA, Harvard, Vancouver, ISO, and other styles

2

Wanda, Boyce P. "Customary Family Law in Malawi." Journal of Legal Pluralism and Unofficial Law 20, no. 27 (January 1988): 117–34. http://dx.doi.org/10.1080/07329113.1988.10756407.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Owen Mhango, Mtendeweka. "The Constitutional Protection of Minority Religious Rights in Malawi: The Case of Rastafari Students." Journal of African Law 52, no. 2 (September 18, 2008): 218–44. http://dx.doi.org/10.1017/s0021855308000107.

Full text

Abstract:

AbstractIn Malawi, Rastafari students are prevented from attending public schools on account of their dreadlocks. This article seeks to analyse a framework for assessing whether Rastafari qualifies as a religion under section 33 of the Constitution of Malawi. The article argues that Rastafari is a recognized religion and that its sincere adherents should have full protection under the Constitution of Malawi, as do members of other religious groups. The article discusses potential problems for Rastafari litigants in Malawi and proposes some solutions. It introduces a three prong balancing test, which has been applied in particular cases in Zimbabwe and South Africa, and makes recommendations about future interpretation of the Constitution of Malawi using this test. It examines the current interpretation of the freedom of religion in Malawi and concludes with an argument for Malawi to follow the approach taken in Zimbabwe and South Africa.

APA, Harvard, Vancouver, ISO, and other styles

4

Hoffmann, Diane E., Chikosa Banda, and Kassim Amuli. "Laying the Foundation for an Interprofessional, Comparative Health Law Clinic: Teaching Health Law." Journal of Law, Medicine & Ethics 42, no. 3 (2014): 392–400. http://dx.doi.org/10.1111/jlme.12156.

Full text

Abstract:

In June 2013, faculty from the University of Maryland Carey School of Law, along with students from the law school and several health professional schools at the University of Maryland, Baltimore, visited Malawi, in southeast Africa. While there, they met with faculty and students at the University of Malawi Chancellor College to discuss the possibility of establishing an ongoing collaboration between the two universities’ law schools. The starting point for our discussion was the potential establishment of a multi-professional, comparative health law clinic that would focus on serving individuals living with HIV and AIDS (PLWHA). This goal would serve two objectives of the Law & Health Care Program (L&HCP) at Maryland: to increase interprofessional education (IPE) opportunities and to expose law students to more global health law issues. Establishing this clinic would also be consistent with two strategic objectives of the University of Malawi Faculty of Law: to establish links with other law schools providing clinical legal education, and to contribute to Malawi’s efforts to solve HIV/AIDS-related problems.

APA, Harvard, Vancouver, ISO, and other styles

5

Anders, Gerhard, Fidelis E. Kanyongolo, and Brigitte Seim. "Corruption and the impact of law enforcement: insights from a mixed-methods study in Malawi." Journal of Modern African Studies 58, no. 3 (September 2020): 315–36. http://dx.doi.org/10.1017/s0022278x2000021x.

Full text

Abstract:

ABSTRACTThe article argues that the impact of law enforcement efforts against corruption deserves more scholarly attention. Drawing on a mixed-methods study from Malawi in southern Africa, where a large-scale law enforcement operation has been investigating and prosecuting those involved in a 2013 corruption scandal known as ‘Cashgate’, the article explores the potential for corruption deterrence from the perspective of government officials in the Malawi civil service. Malawi provides a challenging environment for deterrence due to limited state capacity, weak law enforcement agencies and widespread corruption. Nonetheless, the research findings show that Malawian government officials perceive prosecutions and convictions to deter corruption, both with regards to the law enforcement response to Cashgate specifically and law enforcement efforts in general. The findings from Malawi suggest that law enforcement and criminal justice have the potential to make an important contribution to anti-corruption strategies in Africa and the Global South at large.

APA, Harvard, Vancouver, ISO, and other styles

6

Chiwaya, Matthias. "Chancellor College Law Library in Malawi." International Journal of Legal Information 32, no. 2 (2004): 375–78. http://dx.doi.org/10.1017/s0731126500004194.

Full text

Abstract:

The Center, now known as the Mcnight Legal Resource Centre, was established at the University of Malawi and designed to provide information support for the efficient and effective performance of the law faculty and staff, students and researchers and institutions and organizations associated with the University, including related government departments and research centers.

APA, Harvard, Vancouver, ISO, and other styles

7

Jenkins, Rob, and Maxton Tsoka. "Malawi." Development Policy Review 21, no. 2 (February 27, 2003): 197–215. http://dx.doi.org/10.1111/1467-7679.00206.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Gumboh, Esther. "“Roving Executioners”? The Use of Lethal Force in Malawi and Warnings from R v Cheuka." Journal of African Law 57, no. 2 (August 12, 2013): 234–58. http://dx.doi.org/10.1017/s0021855313000119.

Full text

Abstract:

AbstractBetween 2009 and 2011, Malawi witnessed an increase in the use of lethal force by the police. The president urged the police to implement a “shoot to kill” policy, a move which received wide acceptance in the country but also raised concerns from human rights activists. In 2009, the Malawi High Court in R v Cheuka considered the scope of section 44 of the Police Act which governs the use of firearms by the police. Clouded by the human rights implications of the shooting which led to the case, the court misinterpreted the law by introducing principles of international law that were not expressly provided for. The court also failed to expound a comprehensive test to determine the shooter's intentions. Nevertheless, the decision sheds some light on the efficacy of the law on the use of lethal force in Malawi and the question of whether a shoot to kill policy can be reconciled with the law.

APA, Harvard, Vancouver, ISO, and other styles

9

HANSEN, THOMAS TRIER. "IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS STANDARDS THROUGH THE NATIONAL COURTS IN MALAWI." Journal of African Law 46, no. 1 (April 2002): 31–42. http://dx.doi.org/10.1017/s0221855302001773.

Full text

Abstract:

This article discusses the application of international human rights law by the courts in Malawi. It is divided into five parts. The first part examines the constitutional position of international law at the municipal level and will focus primarily on the position under the current Constitution of Malawi. The second discusses the relevance of international human rights law before national court, with the third part then analysing the relevance of such law in the courts. The fourth part considers the reasons for the attitude of the courts to international human rights law, whilst the final part contains some concluding remarks. The case law discussed is largely that handed down by the Supreme Court and the High Court since 1994.

APA, Harvard, Vancouver, ISO, and other styles

10

NG'ONG'OLA, CLEMENT. "RECENT LABOUR LAW REFORMS IN MALAWI: A REVIEW." Journal of African Law 46, no. 02 (October 2002): 167. http://dx.doi.org/10.1017/s0221855302001888.

Full text

APA, Harvard, Vancouver, ISO, and other styles

11

Mutharika, A. Peter. "The 1995 Democratic Constitution of Malawi." Journal of African Law 40, no. 2 (1996): 205–20. http://dx.doi.org/10.1017/s0021855300007774.

Full text

Abstract:

On 17 May, 1995, the Malawi National Assembly adopted a democratic constitution. In terms of Malawi’s post-colonial history, the adoption of the constitution was an unprecedented event. For a period of 30 years, Malawi had been subjected to a one-party dictatorship led by Dr Hastings Banda. Supported over the years by the West because of its anti-communist rhetoric, the Banda regime found itself abandoned with the ending of the Cold War and the collapse of apartheid in South Africa. Pressure from internal and external groups led to a referendum on the oneparty state in June 1993 which the Banda regime lost and to the first multi-party elections in May 1994 which the regime also lost. A day before the 1994 elections, the Malawi National Assembly adopted a Provisional Constitution for a period of 12 months. Pursuant to section 212 of the Provisional Constitution, the National Constitutional Conference was held in February 1995 for the purpose of making recommendations to the National Assembly on a permanent constitution. Rather than replace or repeal the Provisional Constitution, the National Assembly decided in April 1995 to make modest amendments to it in order to address some of the more blatant deficiencies that were identified at the Constitutional Conference. During the coming years, the Law Commission will make a detailed study of the entire document, make recommendations to the Minister of Justice and, it is hoped, address some of the obvious drafting oversights.

APA, Harvard, Vancouver, ISO, and other styles

12

William Kayuni, Steven. "Running to stand still: reflections on the cashgate scandal heist in Malawi." Journal of Money Laundering Control 19, no. 2 (May 3, 2016): 169–88. http://dx.doi.org/10.1108/jmlc-04-2015-0014.

Full text

Abstract:

Purpose In September, 2013 following a police tip, a government accounts clerk was found with huge sums of cash amounting to US$300,000 in his car, and a week later, Malawi’s Budget Director (Treasury Official) was fatally shot outside his home. These two incidents unravelled what would later be famously known as the “Cashgate Scandal” that leading to revelations of fraud amounting to US$32 million, an amount representing almost 1 per cent of Malawi’s annual GDP in merely six months. As a result, donors withdrew their annual 40 per cent budgetary support. A lot of people (almost 70) in both public and private sector found with both cash in local or foreign currency were arrested. An independent audit report by Baker Tilly, a British accountancy firm, revealed that the fraud and theft was with such sophistication that cheques were issued to private companies for services that had not been rendered to government. Those cheques were cashed, and money was distributed among several people. Those arrested were charged with offences ranging from corruption, abuse of office, theft, theft by public servant, tax evasion and money laundering. This paper aims to analyse the cashgate scandal. It explores the first conviction of these cashgate case series which also happens to be the first ever conviction on money laundering offence in Malawi. It further explores the law likely to apply to the cashgate scandal case series, the opportunities that have been lost and likely stifling implications on the future of the fight against corruption and money laundering offences in Malawi. All law enforcement actors such as the prosecution, defence and the courts have that duty to clarify and implement the common interests of Malawians, namely, the prescriptive purposes of the law in accordance with the expectations of an approximate process that guarantees attainment of human good, i.e. justice. Design/methodology/approach This paper presents the desk research of various journal articles and reports on money laundering in general and Malawi. Further, an analysis of the first money laundering conviction is presented. Findings Malawi is still struggling with enforcement of money laundering offences. Research limitations/implications There was no quantitative research involved. Further, being the first case for litigation and conviction, not much has come up on Malawi’s money laundering practice. Actually, this is likely to be the first article on money laundering and analysis of the cashgate heist. Social implications The paper serves as a learning process for future prosecutions. Originality/value The paper offers a new and novel approach to the fight against money laundering offences and organized criminality in Malawi. Before the Treza Senzani Judgment, Money Laundering Law in Malawi had never been tested before the Courts. Through an exegesis of the Malawi law as regards these offences, the paper adds value to the research and fight against money laundering. It further offers insights into legal interpretation and policy formulation that would enable law enforcement agencies in Malawi to succeed in the fight against such criminality.

APA, Harvard, Vancouver, ISO, and other styles

13

Chagtai, Nusrat. "Access to Justice and Human Rights in Malawi: The Role of the Malawi Law Society." Judicial Review 11, no. 3 (September 2006): 248–50. http://dx.doi.org/10.1080/10854681.2006.11426485.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Nzunda, Matembo. "Control of corporate litigation: The Malawi experience." Commonwealth Law Bulletin 15, no. 3 (July 1989): 1041–48. http://dx.doi.org/10.1080/03050718.1989.9986043.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Kirby, Michael. "Malawi: The arrival of multi‐party democracy." Commonwealth Law Bulletin 20, no. 2 (April 1994): 675–78. http://dx.doi.org/10.1080/03050718.1994.9986369.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

Hatchard, John. "The Human Rights Commission Act, 1998 (Malawi)." Journal of African Law 43, no. 2 (1999): 253–57. http://dx.doi.org/10.1017/s0021855300011396.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Banda, Sibo. "Constitutional Mimicry and Common Law Reform in a Rights-Based Post-Colonial Setting: The Case of South Africa and Malawi." Journal of African Law 53, no. 1 (March 23, 2009): 142–70. http://dx.doi.org/10.1017/s0021855309000060.

Full text

Abstract:

AbstractCompetent courts in Malawi must, as courts have done in South Africa, undertake a radical path in order to enhance the common law position of distinct categories of persons. This article discusses judicial appreciation of the common law-changing function of a bill of rights and its associated values, and judicial understanding as to when such a function may be brought into play. The article examines approaches taken by courts in South Africa in determining the circumstances in which the South African Bill of Rights applies to private relationships, when private parties owe each other duties arising out of the Bill of Rights and the scope of a court's authority to amend the common law in that regard. The article projects the debate, analysis and critique of these approaches onto the Malawian legal landscape through a discussion of the tenant worker contracted on the Malawi private estate.

APA, Harvard, Vancouver, ISO, and other styles

18

Englund, Harri, Matembo S. Nzunda, Kenneth R. Ross, and Kenneth R. Ross. "Church, Law and Political Transition in Malawi, 1992-94." Journal of Religion in Africa 27, no. 2 (May 1997): 213. http://dx.doi.org/10.2307/1581700.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

Kangaude, Godfrey D. "Adolescent sex and 'defilement' in Malawi law and society." African Human Rights Law Journal 17, no. 2 (2017): 527–49. http://dx.doi.org/10.17159/1996-2096/2017/v17n2a8.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Benje, Nubson M. "Development of Law Libraries in Malawi and its Challenges." International Journal of Legal Information 39, no. 2 (2011): xxiii—xxv. http://dx.doi.org/10.1017/s0731126500028043.

Full text

APA, Harvard, Vancouver, ISO, and other styles

21

Mezmur, Benyam Dawit. "“Acting Like a Rich Bully”?: Madonna, Mercy, Malawi, and international children’s rights law in adoption." International Journal of Children's Rights 20, no. 1 (2012): 24–56. http://dx.doi.org/10.1163/157181812x608255.

Full text

Abstract:

Although it may seem ironic that a policy affecting so few children should engage so much political and social attention, the symbolic significance of intercountry adoption far outweighs its practical import. A recent reminder of this fact on the African continent is the 2009 Madonna adoption case. This note considers Madonna’s second adoption of a child from Malawi in the light of international children’s rights laws. Although human rights groups have alleged that Madonna was “acting like a rich bully” in the main, Madonna’s adoption can withstand the scrutiny of children’s rights, and in fact, has contributed towards helping the discourse of children’s rights in Malawi “stumble” forward.

APA, Harvard, Vancouver, ISO, and other styles

22

Nkhata, Mwiza Jo. "Emerging Trends from the Resentencing of Capital Offenders in Malawi." New Criminal Law Review 22, no. 2 (2019): 164–99. http://dx.doi.org/10.1525/nclr.2019.22.2.164.

Full text

Abstract:

In 2007, the High Court of Malawi, sitting as a constitutional court, declared that the mandatory sentence of death for murder was unconstitutional. At the time of the High Court’s invalidation of the mandatory death penalty, Malawi’s prisons had over 190 prisoners serving their sentences as a result of the imposition of the mandatory death penalty. Some of these prisoners were on death row, while others had their sentences commuted to life imprisonment. When the mandatory death penalty was declared unconstitutional, the High Court also directed that all prisoners serving their sentences for murder should be brought before the High Court so that they could receive individual sentences taking into account the circumstances of the offense, the offender, as well as the interests of the victim(s). This paper interrogates the application of the sentencing discretion that was introduced with the outlawing of the mandatory death penalty in Malawi. Specifically, the paper analyzes decisions that have emerged from the resentencing of capital offenders in so far as judges have either considered or refused to consider the relevance of post-conviction factors during the resentencing. It is this paper’s central finding that a refusal to consider post-conviction factors, as some judges held, was not only unjustified but was also contrary to Malawi’s Criminal Procedure and Evidence Code and the Constitution of the Republic of Malawi. This refusal, the paper argues, resulted in sentencing discrepancies as well as a failure to properly utilize the discretion vested in the courts for purposes of sentencing.

APA, Harvard, Vancouver, ISO, and other styles

23

Okidi, Charles O. "Incorporation of General Principles of Environmental Law into National Law with Examples from Malawi." Environmental Policy and Law 27, no. 4 (1997): 327–35. http://dx.doi.org/10.3233/epl-1997-27422.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

MAROLENG, CHRIS. "MALAWI GENERAL ELECTION 2004." African Security Review 13, no. 2 (January 2004): 77–81. http://dx.doi.org/10.1080/10246029.2004.9627287.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

HUSSEIN, MUSTAFA. "COMBATING CORRUPTION IN MALAWI." African Security Review 14, no. 4 (January 2005): 91–101. http://dx.doi.org/10.1080/10246029.2005.9627593.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Bande, Lewis Chezan. "Defining money laundering under Malawian law: a critical appraisal for compliance with international standards." Journal of Money Laundering Control 24, no. 3 (April 1, 2021): 559–70. http://dx.doi.org/10.1108/jmlc-07-2020-0080.

Full text

Abstract:

Purpose The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition meets international standards and best practices on legal definition of money laundering, particularly as contained in the United Nations Convention against Transnational Organized Crime (UNCATOC). Design/methodology/approach The paper is a doctrinal analysis of the legal definition of the offence of money laundering under Malawian law. It examines the constituent elements of the offence based on the traditional conception of a criminal offence as constituting the prohibited conduct (or actus reus) and the mental element (or mens rea). The paper comparatively evaluates the offence vis-à-vis international standards and best practices, particularly as contained in the UNCATOC. Findings The paper concludes that the definition is compliant with international standards and best practices. Research limitations/implications The paper is based on the statutory definition of the offence, but was unable to examine how the offence is interpreted and applied in concrete cases by Malawian courts. The reason is the lack of any case law through which courts have interpreted and applied the offence. Practical implications The paper provides the template for future interpretation and application of the offence by courts in the future. Social implications Enhancing the clarity and certainty in the law on money laundering in Malawi. Originality/value The paper is an elucidation of a statutory provision that was recently adopted in Malawi and for which there is no authoritative clarification. The paper, therefore, makes an invaluable contribution to the fight against money laundering in Malawi by being a guide to law enforcers, lawyers, courts and policy/legislative makers.

APA, Harvard, Vancouver, ISO, and other styles

27

Mwaungulu, Dunstain Fipamutima. "Governance, Democracy and Constitutionalism in Africa: The Malawi Experiment." Commonwealth Law Bulletin 32, no. 2 (June 2006): 267–72. http://dx.doi.org/10.1080/03050710600907098.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

Kajawo, Samson C. R. "Conjugal Visits in Prisons Discourse: The Prisoners’ Voice in Malawi." IAFOR Journal of Psychology & the Behavioral Sciences 7, no. 1 (December 24, 2021): 3–19. http://dx.doi.org/10.22492/ijpbs.7.1.01.

Full text

Abstract:

The issue of possible provision of prisoners’ conjugal rights in jurisdictions not yet allowing them, such as Malawi, is still an intricate debate amongst the stakeholders. However, the most important stakeholder in the issue, the prisoner, is usually left out of the discourse. This study analyzed the perceptions of randomly sampled 305 prisoners on conjugal visits at one of the central prisons in Malawi. Both qualitative and quantitative data from prisoners’ perceptions were collected and used concurrently. The key finding was that prisoners (male and female) in Malawi generally had positive perceptions regarding conjugal visits since more than 80% of the respondents (n=305) reported that conjugal visits were good and recommended their possible introduction in Malawi. These incarcerated persons opined that conjugal visits reduced problems of homosexuality, sexual assaults, physical violence in prisons, supporting prisoners’ rehabilitation and reintegration efforts as well as helping prisoners in preserving and establishing family ties. Prisoners also viewed conjugal visits as another way of dealing with the HIV and AIDS problem in Malawi prisons. Though the potential challenge was reported to be its costs, it was opined that the programme was still worthy of introducing. It was therefore concluded that the prisoners’ voice is also valuable in not only conjugal visits discourse but also in all issues related to law and policy that concern them.

APA, Harvard, Vancouver, ISO, and other styles

29

Chilumpha, C. H. "The new company, asset financing security and the law in Malawi." Commonwealth Law Bulletin 19, no. 2 (April 1993): 787–95. http://dx.doi.org/10.1080/03050718.1993.9986289.

Full text

APA, Harvard, Vancouver, ISO, and other styles

30

Nkhata, Mwiza Jo. "The Malawi-Rwanda Extradition Treaty of February 2017: An Arrangement of Convenience or a Convenience of Arrangement?" International Criminal Law Review 17, no. 5 (October 15, 2017): 844–78. http://dx.doi.org/10.1163/15718123-01751359.

Full text

Abstract:

In February 2017, Malawi and Rwanda entered into a bilateral extradition treaty (the Treaty). The Treaty solemnizes the agreement between Malawi and Rwanda for the reciprocal extradition of offenders. While the Treaty looks akin to many generic bilateral extradition treaties, close scrutiny reveals that there are several key issues that the drafters may have overlooked or paid insufficient attention to. This article is an evaluation of some of the issues that the Treaty raises. The article begins by establishing the broad historical and social context within which the Treaty must be understood. Thereafter the article explores extradition in international law paying particular focus to highlight the key elements of extradition. A summary of the Treaty is then provided together with a discussion of the Malawian law pertaining to extradition. The article concludes by highlighting some of the key issues which the Treaty has not addressed satisfactorily.

APA, Harvard, Vancouver, ISO, and other styles

31

Nkhata, Mwiza Jo, Anganile Willie Mwenifumbo, and Alfred Majamanda. "The nullification of the 2019 presidentail election in Malawi. A Judicial Coup d’État?" Journal of African Elections 20, no. 2 (October 1, 2021): 57–80. http://dx.doi.org/10.20940/jae/2021/v20i2a4.

Full text

Abstract:

In February 2020, the High Court of Malawi nullified the May 2019 presidential election and ordered a fresh election. This judgment was later confirmed by the Malawi Supreme Court of Appeal. These two judgments are monumental and unprecedented because this was only the second time a presidential election had been judicially nullified in Africa. The fresh presidential election also scored a first in Africa when it was won by an opposition candidate. These judgments carved new terrain for electoral law in Malawi and divided legal and political opinion. This paper offers a critical analysis of the two judgments. It focuses on the court’s treatment of the burden and standard of proof in electoral disputes; the interpretation of ‘majority’ to mean 50% + 1; and the effect of the nullification of the 2019 presidential election and consequential transitional issues. Overall, the paper concludes that while the outcome of the litigation garnered plaudits, the reasoning in the two judgments is not wholly persuasive.

APA, Harvard, Vancouver, ISO, and other styles

32

Nkhata, Mwiza Jo, Anganile Willie Mwenifumbo, and Alfred Majamanda. "The nullification of the 2019 presidentail election in Malawi. A Judicial Coup d’État?" Journal of African Elections 20, no. 2 (October 1, 2021): 57–80. http://dx.doi.org/10.20940/jae/2021/v20i2a4.

Full text

Abstract:

In February 2020, the High Court of Malawi nullified the May 2019 presidential election and ordered a fresh election. This judgment was later confirmed by the Malawi Supreme Court of Appeal. These two judgments are monumental and unprecedented because this was only the second time a presidential election had been judicially nullified in Africa. The fresh presidential election also scored a first in Africa when it was won by an opposition candidate. These judgments carved new terrain for electoral law in Malawi and divided legal and political opinion. This paper offers a critical analysis of the two judgments. It focuses on the court’s treatment of the burden and standard of proof in electoral disputes; the interpretation of ‘majority’ to mean 50% + 1; and the effect of the nullification of the 2019 presidential election and consequential transitional issues. Overall, the paper concludes that while the outcome of the litigation garnered plaudits, the reasoning in the two judgments is not wholly persuasive.

APA, Harvard, Vancouver, ISO, and other styles

33

Baruwa, Ololade Julius, Acheampong Yaw Amoateng, and Elizabeth Biney. "Socio-demographic changes in age at first marriage in Malawi: evidence from Malawi Demographic and Health Survey data, 1992–2016." Journal of Biosocial Science 52, no. 6 (December 19, 2019): 832–45. http://dx.doi.org/10.1017/s0021932019000816.

Full text

Abstract:

AbstractThis study aimed to identify the social and demographic correlates of the trend in age at first marriage among women in Malawi, using Malawi Demographic and Health Survey data collected between 1992 and 2016. Employing Cox Proportional Hazard modelling, the results showed that the mean age at first marriage during the 18-year period remained constant at 17.4 years. Furthermore, across all the surveys, younger women married at an early age compared with their older counterparts. The results further showed that having no education, residing in the Northern region, working, belonging to the middle and rich wealth index categories, and belonging to Tumbuka, Lomwe, Yao, Ngoni and Amanganja/Anyanja ethnicities increased the risk of early marriage. The findings suggest that policies such as promoting access to education for women and enforcing the law that restricts the legal age at which a woman can marry (18 years) should be maintained and enforced in Malawi.

APA, Harvard, Vancouver, ISO, and other styles

34

Mhango, Mtendeweka. "Malawi: Justice Sector and the Rule of Law. By Fedelis Kanyongolo." Law & Society Review 42, no. 1 (March 2008): 229–31. http://dx.doi.org/10.1111/j.1540-5893.2008.00339_2.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Forster, P. "Law and Society under a Democratic Dictatorship: Dr. Banda and Malawi." Journal of Asian and African Studies 36, no. 3 (January 1, 2001): 275–93. http://dx.doi.org/10.1177/002190960103600302.

Full text

APA, Harvard, Vancouver, ISO, and other styles

36

Kangaude, Godfrey Dalitso, and Chisale Mhango. "The duty to make abortion law transparent: A Malawi case study." International Journal of Gynecology & Obstetrics 143, no. 3 (August 14, 2018): 409–13. http://dx.doi.org/10.1002/ijgo.12630.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Kirby, M. D. "Round table on transition to multi‐party democracy in Malawi." Commonwealth Law Bulletin 20, no. 1 (January 1994): 293–98. http://dx.doi.org/10.1080/03050718.1994.9986356.

Full text

APA, Harvard, Vancouver, ISO, and other styles

38

Wanda, B. P. "The Rights of Detained and Accused Persons in Post-Banda Malawi." Journal of African Law 40, no. 2 (1996): 221–33. http://dx.doi.org/10.1017/s0021855300007786.

Full text

Abstract:

The new Constitution of Malawi came into force provisionally on 18 May, 1994. It replaced the Republican Constitution of 1966 which had been amended in 1993 in order to allow for the re-introduction of a multi-party democracy, the reincorporation, as an interim measure, of the Bill of Rights as contained in the Independence Constitution of 1964, and the abolition of the life presidency created under section 10(3) of the 1966 Constitution as amended in 1970 so as to provide that Dr Banda was to be president of the Republic for his lifetime.

APA, Harvard, Vancouver, ISO, and other styles

39

Mhango, Chisale. "Reversal of Roe VS Wade – Implications on Women’s Health in Malawi." Malawi Medical Journal 34, no. 2 (July 1, 2022): 157–58. http://dx.doi.org/10.4314/mmj.v34i2.14.

Full text

Abstract:

The United States Supreme Court in on 24th June, 2022 reversed the Abortion Law enacted in 1973 which made safe abortion available to women in that country. It now depends on the individual States to decide which way to go. Almost immediately, 22 of the 50 States reversed the law and outlawed abortion. The argument for the reversal is largely religious describing abortion as egregiously wrong.

APA, Harvard, Vancouver, ISO, and other styles

40

Liu, Michelle Xiao, and Alexandra K. Creel Benton. "Beyond Belief: How the "Corroboration Rule" in Malawi Obstructs Justice for Victims of Sex Crimes and Discriminates Against Women and Girls on the Basis of Sex—A Call for Legislative Change." Columbia Journal of Gender and Law 40, no. 3 (August 30, 2021): 408–52. http://dx.doi.org/10.52214/cjgl.v40i3.8650.

Full text

Abstract:

Sexual abuse against women and girls in Malawi is pervasive, and survivors face significant barriers in their quest for justice. One particular barrier—the “corroboration rule”—stands out as a discriminatory and onerous roadblock for women and girls who seek justice as victims of sex crimes. The corroboration rule is a common law rule of evidence and criminal procedure that requires prosecutors trying sex offence cases to have independent evidence in addition to a victim’s testimony, even if that testimony is credible and shows beyond a reasonable doubt that the defendant committed the sex crime. This heightened evidentiary standard for victims of sex crimes is based on the stereotype that women and girls are apt to lie about being raped and that their word alone—no matter how clear, convincing, or credible—should not be enough to put a rapist behind bars. Because of the rule, too many women and girls in Malawi are not treated equally in the criminal justice system, and rarely are those who sexually abuse them brought to justice in court. This fosters a climate of impunity for rapists and sexual abusers. While many countries around the world used to require the corroboration rule in sexual offences, in the modern era, Malawi stands apart from the rest of the world as one of the few countries that still requires its use as a matter of common law. However, with a constitution that guarantees equality for women and girls and equal access to justice under the law, and as a State Party to treaties that guarantee the same, Malawi’s Parliament should abolish the corroboration rule.

APA, Harvard, Vancouver, ISO, and other styles

41

Vincent, Joan, and Martin Chanock. "Law, Custom and Social Order: The Colonial Experience in Malawi and Zambia." International Journal of African Historical Studies 19, no. 4 (1986): 693. http://dx.doi.org/10.2307/219141.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Beidelman, T. O., and Martin Chanock. "Law, Custom and Social Order, the Colonial Experience in Malawi and Zambia." American Journal of Legal History 31, no. 1 (January 1987): 71. http://dx.doi.org/10.2307/845609.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

Parpart, Jane L., and Martin Chanock. "Law, Custom, and Social Order: The Colonial Experience in Malawi and Zambia." American Historical Review 92, no. 5 (December 1987): 1247. http://dx.doi.org/10.2307/1868590.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Mwambene, L. "Custody Disputes Under African Customary Family Law in Malawi: Adaptability to Change?" International Journal of Law, Policy and the Family 26, no. 2 (June 26, 2012): 127–42. http://dx.doi.org/10.1093/lawfam/ebs004.

Full text

APA, Harvard, Vancouver, ISO, and other styles

45

TWADDLE, MICHAEL. "Law, Custom and Social Order: The Colonial Experience in Malawi and Zambia." African Affairs 86, no. 344 (July 1987): 431–32. http://dx.doi.org/10.1093/oxfordjournals.afraf.a097925.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

Gloppen, S., and F. E. Kanyongolo. "Courts and the poor in Malawi: Economic marginalization, vulnerability, and the law." International Journal of Constitutional Law 5, no. 2 (April 1, 2007): 258–93. http://dx.doi.org/10.1093/icon/mom002.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

MACDOUGALL, N. A. "A Report from Malawi, Africa." Water and Environment Journal 3, no. 6 (December 1989): 619–20. http://dx.doi.org/10.1111/j.1747-6593.1989.tb01444.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

48

Gumboh, Esther. "Examining the Application of Deterrence in Sentencing in Malawi." Potchefstroom Electronic Law Journal 20 (December 14, 2017): 1–33. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1167.

Full text

Abstract:

This article is an exposition of the application of deterrence in Malawian sentencing jurisprudence. Drawing from case law, it explores how courts employed deterrence before 1994 and the role deterrence continues to play in the constitutional era. The paper looks at how it is reflected in the treatment of sentencing factors and influences sentencing policy. It also considers how courts have conceptualised the distinction between specific and general deterrence regarding the principle of proportionality and repeat offenders. The paper concludes with a discussion of an emerging attempt to go beyond deterrence towards giving rehabilitation a greater role in sentencing.

APA, Harvard, Vancouver, ISO, and other styles

49

Ng'ong'ola, Clement. "Controlling Theft in the Public Service: Penal Law and Judicial Responses in Malawi." Journal of African Law 32, no. 1 (1988): 72–94. http://dx.doi.org/10.1017/s0021855300010238.

Full text

Abstract:

The period covering the first seven years of Malawi's independence (1964–1971) stands out as one of the most controversial in the country's postcolonial legislative history. It was during this period, for example, that the local or “Native” Courts of the colonial era were transformed into the now controversial Traditional Courts and given an existence separate from and independent of the High Court, as well as extensive criminal jurisdiction encompassing offences like murder and manslaughter and, subsequently, treason and sedition which were hitherto the preserve of the High Court. At the same time, the participation of lawyers in traditional court processes and the right of legal representation were curtailed under the pretext of ensuring that the course of justice would not be subverted by the frequent invocation of “technicalities” which lawyers are wont to invoke because of the alien and esoteric nature of their training. This paper is not concerned with the “law” of the Traditional Courts in Malawi which, elsewhere, continues to excite appropriate scholarly interest, but with another equally controversial law of the same period whose formulation was buttressed by similar antipathy towards the legal profession. This law introduced a special and rigorous regime for the prosecution and punishment of thefts in the public service.

APA, Harvard, Vancouver, ISO, and other styles

50

Mujjuni, Francis, Joyce Nyuma Chivunga, Thomas Betts, Zhengyu Lin, and Richard Blanchard. "A Comparative Analysis of the Impacts and Resilience of the Electricity Supply Industry against COVID-19 Restrictions in the United Kingdom, Malawi, and Uganda." Sustainability 14, no. 15 (August 2, 2022): 9481. http://dx.doi.org/10.3390/su14159481.

Full text

Abstract:

In response to COVID-19, most countries implemented mitigative and suppressive measures to stem its spread. This study analysed their impacts on the operations, investments, and policies within the electricity supply industry (ESI) for the United Kingdom, Malawi, and Uganda. It further assessed ESI’s resilience capacities (prevention, absorption, adaptation, recovery, and transformation) and ultimately quantified resilience using SDG 7 targets. The study observed that in 2020, the UK had 143 days of lockdowns compared to 74 for Uganda and none for Malawi. The UK’s annual demand fell by 4.8% while Uganda and Malawi’s increased by 0.5% and 2.8%, respectively. During lockdowns, the UK lost 28% of its demand compared to 5.5% for Malawi and 24% for Uganda. It took the UK 8 months to recover its demand, which was correspondingly twice and four times longer than Uganda and Malawi. The degeneration in the level of system operations in the UK did not significantly affect electricity access and reliability contrary to Uganda and Malawi, whose impacts on their development commitments could span for years. This study underscores the necessity of evaluating resilience with respect to local development commitments. Moreover, several measures were proposed to enhance resilience mainly through actions meant to ensure business continuity.

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!