CRIMINAL
Anti Corruption Bureau v Chinkhadze and another
MSCA Criminal Appeal No. 1 of 2003
Set aside order restriction notice issued by ACB
Banda (G) v Republic Case
No. 83 of 1997
Theft and Burglary Appeal against sentence and conviction
Banda (J) v Republic Miscellaneous
Criminal No. 136 2000 (Mzuzu Registry)
Bail Application Theft of motor vehicle and Robbery
Banda (J K) v Republic Case No.
134 of 1996
Unlawful Wounding Appeal against sentence and conviction
Bokhobokho and another v Republic MSCA
Criminal Appeal No. 10 of 2000
Murder
Bonzo and another v Republic Criminal
Appeal No. 89 of 1996
Robbery Grocery robbery
Bwanali v Republic
Confirmation Case No.828 of 2002
House Breaking
Chafungatira v Republic Case No.
35B of 2000
Theft Appeal against sentence and conviction
Chekaya v Republic Case No.
83 of 2002
Manslaughter Bail application
Chihana v Republic MSCA
Criminal Appeal No. 9 of 1992
Importing seditious publications contrary to Section 51(1) (d)
of the Penal Code, being in possession of seditious publications without lawful
excuse contrary to S.51 (2) of the said Code.
Chimangeni v Republic Criminal
Appeal No. 2 of 2003
Appeals against
conviction and sentence. The Ntcheu First Grade Magistrate in two separate
trials convicted the appellant of unlawful wounding and malicious damage to
property, offences under sections 241 (a) and 344, respectively, of the Penal
Code.
Chimeta v Republic Case No. 43 of 2000
Theft by Public Servant Appeal against sentence and conviction
Chimwala v Republic MSCA
Criminal Appeal No. 5 of 2000
Murder
Denja v Republic Case No. 191 of
2001
Armed Robbery Appeal against sentence and conviction
Director of Public Prosecution v Banda
(Kamuzu) and Others MSCA Criminal Appeal No. 21 of 1995
Conspiracy to murder, contrary to section 227 of
the Penal Code (Cap 7:01).
Director of Public Prosecution v Mwafulirwa Case No.
173 of 2001
Order Application Criminal case to be transferred
Gadama v Republic Case No. 145 of
2001
Homicide Bail application
Gangawako and Others v Republic Criminal
Appeal 25 of 2002
Robbery. Allan
Gangawako, Frazer Patson and Reuben Milanzi, appeal against the Ntcheu First
Grade Magistrate’s Court’s judgment. The Ntcheu First Grade Magistrate Court
convicted the appellants of robbery, an offence under section 301 of the Penal
Code.
Gulumba v Republic Criminal Appeal 51
of 2003
Assault. The
defendant in the lower court appeals against conviction and sentence. The
Salima Second Grade Magistrate Court convicted the defendant for assault
occasioning actual bodily harm and malicious damage to property. Assault
occasioning actual bodily harm and malicious damage to property are offences
under sections 254 and 344 of the Penal Code, respectively.
Gwazantini v State Case No.
169 of 2001
Homicide Bail application
Gwazantini v State Case No.208 of 2003
The
Accused, Alice Joyce Gwazantini, appears before this Court charged with the
offence of Murder contrary to Section 209 of the Penal Code. On 15th March 2004 when this
charge was read over to her she pleaded Not Guilty to it. The particulars of
the offence aver that on or about 17th August 2001 at Namiwawa in
the City of Blantyre, with malice aforethought, the said Alice Joyce
Gwazantini, cause the death of Tchayi Jackson.
Kamanga and four others v Republic Criminal
Appeal No. 46 of 2001
Assault Appeal against conviction and sentence
Katete v Republic Case No.
55 of 2000
Grievous Harm Appeal against sentence and conviction
Kotokwa and another v Republic Case No.
100 of 2002
Conspiracy to Commit a Felony/ Theft by Public Servant Bail application
Kumalere v Republic Criminal
Appeal No. 61 of 2000
The Nchima Second
Grade Magistrate Court convicted the appellant with others of an offence
relating to national examinations. Section 57 of the Education Act.
Kumbikano v Republic Criminal
Appeal 29 of 2003
Robbery. Appeal
against the judgment of the Senior Resident Magistrate at Zomba. The Zomba
Senior Resident Magistrate convicted the appellant with three others of
robbery. Robbery is an offence under section 301 of the Penal Code.
Ligomba v Republic
Miscellaneous Application No 33 of 2003
Murder Bail Application applied
to this court for an order to release him on bail under section 42(2)(b) of the
Constitution.
Luka and another v Republic Case No.
59 of 2000
False Information on Citizenship Appeal against sentence and conviction
Maloya v Republic Misc Criminal
Application No. 76 of 2002
Bail Application
Malata v Republic MSCA
Criminal Appeal No. 8 of 1995
Murder
Malinga v Republic Criminal
Appeal No. 22 of 2002
Theft by servant. Appeals
against the judgment of the Balaka Second Grade Magistrate Court. The Balaka
Second Grade Magistrate Court convicted the defendant for forgery, uttering and
theft by servant, offences under sections 358, 360 and 278, respectively, of
the Penal Code.
Makonyola v Republic Criminal Appeal 13
of 2003
Felony and Robbery. Appeals
against the judgment of the Mbulumbudzi First Grade Magistrate Court. The
Mbulumbudzi First Grade Magistrate Court convicted the appellant, with three
others who have not appealed, for conspiracy to commit a felony and robbery
with violence.
Mkwamba v Republic Case No.
1 of 1996
Armed Robbery Appeal against sentence
Mlashi and Others v Republic Case No.
31 of 1998
Common Assault and Malicious Damage Appeal against Court Order
Mlenga v Republic
Miscellaneous Application 8 of 2001 (Mzuzu Registry)
Bail Application Murder
Moffat v Republic Case No. 734 of
1999
Breaking into Building and Committing a Felony Confirmation
Mphunzia v Republic Criminal
Appeal No. 2 of 1997
Cheating using specimen bank note
Mputahelo v Republic Case No.
28 of 1999
Obtaining Property by False Pretense and Theft Appeal against conviction
Mtalika v Republic Case No.
4 of 2000
Armed Robbery Appeal against sentence and conviction
Mtanga and another v Republic Criminal
Appeal No. 15 of 1998
Possession of Indian hemp
Mtelera v Republic Criminal
Appeal No. 21 of 2001
Theft from a motor vehicle Appeal against conviction and sentence
Mussa v Republic Criminal Appeal No.
49 of 1998
Breaking into Building and Committing a Felony
Naison and another v Republic Case No.
42 of 1996
Robbery Appeal against sentence and conviction
Nathebe v Republic
Miscellaneous Criminal Application No. 90 of 1997
To order bail pending appeal Theft by public servant
Ndozo v Republic Criminal Appeal
Case No. 106 of 1996
Causing grievous bodily harm
Njovu v Republic Criminal Appeal
Case No. 7 of 2000
Theft by servant
Nkoka v Republic Case No. 73 of 1997
Common Assault and Malicious Damage Appeal against sentence
Nyamatcherenga v Republic Criminal
Appeal No. 56 of 2000
Theft by Servant Appeal
Palitu and Others v Republic Criminal
Appeal 30 of 2001
Felony. The
Blantyre Principal Resident Magistrate convicted the appellants of conspiracy
to commit a felony contrary to section 404 of the Penal Code.
Republic v Adam (J) Case No.
500 of 1995
Burglary Confirmation
Republic v Ajibu Case No.
1011 of 1997
Theft Confirmation
Republic v Akimu Revision case No. 9
of 2003
Criminal Proceedings
Review. The events leading to the arrest of the defendant and
retrival of the tusks is phenomenal just as it is dramatic. Officials of the
National Parks and Wildlife Department, disguising as would-be purchasers of
ivory, working on information, met the defendant at her house. They agree to
buy some pieces of ivory at the defendant’s house, at the defendant’s father’s
house and another person’s house. They eventually arrested the defendant
and recovered the ivory but not without stiff resistance from the defendant’s
neighbours and relations when one national parks and wildlife official was
badly injured. After conviction, the First Grade Magistrate, aware of
section 110, quoted in a moment, imposed of a fine for K6, 000.00 and in
default one year imprisonment. She paid the fine. The concern of the
Department of National Parks and Wildlife, a germane one, is that this kind of
punishment, given the huge financial returns to poachers and traffickers of
trophies, will far from deter offenders and preserve the wildlife which is our
national treasure and indispensable ecological and economic pride, prize and
heritage
Republic v Alsion Case No.
797 of 1997
Cultivating Indian Hemp Confirmation
Republic v Alumando Case No.
298 of 2000
Breaking into Building and Committing a Felony Confirmation
Republic v Amani Confirmation case
No.144 of 2003
Breaking into a
building and committing a felony. The court below convicted the
defendants, Lloyd Amani, of breaking into a building and committing a felony
therein. Breaking into a building and committing a felony therein is an offence
under section 311 of the Penal Code. The lower court sentenced the
defendant to three-and-a-half years’ imprisonment.
Republic v Banda and others Case No.
633 of 1999
Burgary and Theft Confirmation
Republic v Banda (G)
Confirmation case No. 884 of 2002
The court below
convicted the defendant, Ganizani Banda, of burglary and theft. Housebreaking
and theft are offences under sections 309 and 278, respectively, of the Penal
Code. The lower court sentenced the defendant to three years imprisonment
for the housebreaking.
Republic v Banda (M) Case No.
912 of 1997
Theft Confirmation
Republic v Banda (M V) Case No.
37 of 1996
Robbery Confirmation
Republic v Banda (P) Case No.
735 of 1996
Burglary and Theft Confirmation
Republic v Banda (T) Case No.
266 of 1997
Theft Confirmation
Republic v Bandawe Case No.
196 of 1997
Theft Confirmation
Republic v Bayani
Case No. ....... 2000
Breaking into Building and Committing a Felony Confirmation
Republic v Chabwera
Confirmation Case No.728 of 2002
Burglary, rape and
theft. The court below convicted the defendant, Fred Chabwera, of burglary,
rape and theft. Burglary and theft are offences under sections 309 and 278,
respectively, of the Penal Code. The lower court sentenced the defendant
to six years and one-and-half years’ imprisonment, respectively, for the
burglary and theft.
Republic v Chapendeka and Others
Confirmation Case No.451 of 2000
Burglary and theft. The
court below convicted the defendants, Peter Chapendeka, Tobias James, Foster Chimaliro
and Benson Kambayani, for burglary and theft. Burglary and theft are offences
under sections 309 and 278, respectively, of the Penal Code. The lower
court sentenced the defendants to twelve and nine months’ imprisonment,
respectively, for the burglary and theft.
Republic v Chikopa Confirmation
Case No. 530 of 2000
Burglary and theft. The
court below convicted the defendant of burglary and theft. Burglary and theft are
offences under sections 309 and 278, respectively, of the Penal Code. The
lower court sentenced the defendant to four years and one year imprisonment,
respectively, for the burglary and theft.
Republic v Chilimba Confirmation
Case No. 114 of 2001
Burglary and theft. The
court below convicted the defendant, Samson Chilimba, of burglary and theft.
Burglary and theft are offences under sections 309 and 278, respectively, of
the Penal Code. The lower court sentenced the defendant to nine years and
one year imprisonment, respectively, for the burglary and theft.
Republic v Chimaliro and Others
Confirmation Case No. 461 of 2000
Burglary and theft. The
court below convicted the defendants, Foster Chimaliro, Ishmael Osman and
Benson Kambayani, for burglary and theft. Burglary and theft are offences under
sections 309 and 278, respectively, of the Penal Code. The lower court
sentenced the defendants to ten months’ imprisonment, respectively, for the
burglary and theft.
Republic v Cosmas and Others Case No.
53 of 2000
Manslaughter Confirmation
Republic v Edson Confirmation Case
No. 421 of 2001
Burglary, theft and
theft of a bicycle. The court below convicted the defendant, Masautso
Edisoni, of burglary, theft and theft of a bicycle. Burglary, theft and theft
of a bicycle are offences under sections 309, 278 and 282, respectively, of the
Penal Code. The lower court sentenced the defendant to six years, six
months and one-and-a-half years’ imprisonment, respectively, for the burglary,
theft and theft of a bicycle.
Republic v Joseph Confirmation
Case No. 516 of 2002
Theft. The
court below convicted the defendant, Mabvuto Joseph, of theft of cattle. Theft
of cattle is an offence under section 281 of the Penal Code. The lower
court sentenced the defendant to five years’ imprisonment.
Republic v Kachule
Confirmation Case No. 234 of 2001
Burglary and
unlawful wounding. The court below convicted the defendant, James
Kachule, of attempted burglary and unlawful wounding. Burglary and unlawful wounding
are offences under sections 309 and 241, respectively, of the Penal Code.
The lower court sentenced the defendant to five and one-and-a-half years’
imprisonment, respectively, for the attempted burglary and unlawful wounding.
Republic v Kalonga Case No.
725 of 2000
Breaking into Building and Committing a Felony Confirmation
Republic v Kambalame Criminal
Case No. 108 of 2002
Corrupt practices by
a public officer contrary to Section 24 Corrupt Practices Act
Republic v Kambalame Criminal
Case No. 108 of 2002
Corrupt practices by
a public officer contrary to Section 24 Corrupt Practices Act (Sentence)
Republic v
Kambalame Criminal Case No. 108 of 2002
Corrupt practices by
a public officer contrary to Section 24 Corrupt Practices Act (Multiplicity of Counts)
Republic v Kamuna
Confirmation Case No. 669 of 2002
Theft. The
Midima First Grade Magistrate Court convicted the defendant, Symon Kamuna, of
theft. Theft is an offence under section 278 of the Penal Code. The lower court
sentenced the defendant to three years imprisonment with hard labour.
Republic v Kayange Confirmation Case
No. 458 of 2003
Court to consider the propriety of combining the theft count in
an indictment for breaking into a building and committing a felony there, an
offence under section 311 of the Penal Code.
Republic v Kayenda
Confirmation Case No. 220 of 2003
Burglary and theft. The
court below convicted the defendant, Evance Kayenda, of burglary and theft.
Burglary and theft are offences under sections 309 and 278, respectively, of
the Penal Code. The lower court sentenced the defendant to three years
and one-and- a-half years’ imprisonment, respectively, for the burglary and
theft.
Republic v Khasu Misc. Criminal
Appliaction No. 61 of 2003
The state, violating
section 42 (2) (b) of the Constitution, after forty-eight hours, neither, after
arresting and detaining the applicant, charged the applicant nor brought him
before a court of law to be told the reasons for his further detention. There
is divergence between the state and the applicants about how the applicants
were at the police. The State suggests the police arrested the applicant when
the applicants arrived at the [police to report that they killed somebody
stealing maize in the applicant’s maize.
Republic v Khonga Confirmation Case
No. 157 of 2002
Burglary and theft. The
court below convicted the defendant, Jukani Khonga, of burglary and theft.
Burglary and theft are offences under sections 309 and 278, respectively, of
the Penal Code. The lower court sentenced the defendant to four-and-
a-half years and eight month’s imprisonment, respectively, for the burglary and
theft.
Republic v Kwalala and another Case No.
6 of 1996
Theft Confirmation
Republic v Lamusesi
Confirmation Case No. 1468 of 2001
Burglary and theft. Thyolo
Second Grade Magistrate Court convicted the defendant Morgen Lamuseni for
burglary and theft. Burglary and theft are offences under sections 309 and 278,
respectively, of the Penal Code. The lower court sentenced the defendant to
four and one and a half years’ imprisonment, again respectively.
Republic v Layelo Case No.
577 of 2000
Rape Confirmation
Republic v Leveleve
Miscellaneous Criminal Application 195 of 2002
Murder
Republic v Maele Confirmation
Case No. 654 of 2001
Burglary
and theft. The court below convicted the defendant,
Saidi Maele, of burglary and theft. Burglary and theft are offences under
sections 309 and 278, respectively, of the Penal Code. The lower court
sentenced the defendant to three-and a-half years and eight months’
imprisonment, respectively, for the burglary and theft.
Republic v Maganga Case No.
1162 of 1995
Robbery Confirmation
Republic vs Makuluni
Confirmation Case No. 276 of 2001
Rape. The
court below convicted the defendant, Tobeti Makuluni, of rape. Rape is an
offence under section 133 of the Penal Code. The lower court sentenced
the defendant to four years’ imprisonment.
Republic v Manthenga
Confirmation Case No. 1215 of 1995
Rape
Republic v Manyozo
Confirmation Case No. 431 of 2002
Theft. The
Soche First Grade Magistrate Court convicted the defendant, Missi Manyozo, of
theft. Theft is an offence under section 278 of the Penal Code. The lower court
sentenced the defendant to three years imprisonment with hard labour.
Republic v Mapira Case No.
1605 of 1998
House Breaking and Burglary Confirmation
Republic v Matebule Case No.
150 of 1997
Theft by Servant Confirmation
Republic v Mawaya and Others Case No.
794 of 2000
Rape Confirmation
Republic v Mchotseni
Confirmation Case No. 423 of 2002
The Mwanza Second
Grade Magistrate convicted the defendant of the offence of breaking into a
building and committing a felony therein. Breaking into a building and
committing a felony therein is an offence under section 311 of the Penal Code.
The lower court sentenced the defendant to four years imprisonment. The judge,
and Ms Kalaile, Senior State Advocate, appearing for the state, agrees,
thought, correctly in my judgment, the conviction was unsafe. The prosecution
relied on the visual identification of the defendant by a prosecution witness.
Republic v Mdala andf another Case No.
403 of 2000
Trespassing on a Graveyard Confirmation
Republic v Misau Case No.
588 of 1998
Theft Confirmation
Republic v Misomali Case No.
738 of 2000
Burgary and Theft Confirmation
Republic v Mlauzi
Case No. 1200 of 1995
Theft Confirmation
Republic v Moffat and Others
Confirmation case No. 123 of 1998
Breaking into Building and Committing a Felony
Republic v Mofolo Case No.
651 of 1999
Theft Confirmation
Republic v Mpakula and another Case No.
91 of 1997
Theft Appeal against sentence and conviction
Republic v Mtuwana
Confirmation Case No. 821 of 1996
Burglary and Theft
Republic v Munthali
Confirmation Case No.647 of 1999
Burglary
Republic v Mustafa
Confirmation Case No.523 of 2001
The court below
convicted the defendant, Joseph Mustafa, of burglary and theft. Housebreaking
and theft are offences under sections 309 and 278, respectively, of the Penal
Code. The lower court sentenced the defendant to six years and
one-and-a-half years’ imprisonment, respectively, for the burglary and theft.
Republic v Mutawo Confirmation
Case No. 237 of 1999
Theft Stealing two bales of tobacco
Republic v Muzuzi
Confirmation Case No.1607 of 1998
Burglary and Theft of a Bicycle
Republic v Mvaluma and another
Confirmation Case No. 278 of 2000
Breaking into Building and Committing a Felony
Republic v Mwanyambo and another
Confirmation Case No.1156 of 1997
Theft by a Lodger
Republic v Mwanyengamapezi
Confirmation Case No.742 of 1997
Theft and Theft of Bicycle
Republic v Nalumo and another
Confirmation Case No.489 of 2000
Burglary and Theft
Republics v Namasita and another Case No.
309 of 2000
Burgary and Theft Confirmation
Republic v Nambazo
Confirmation Case No.643 of 1999
Theft
Republic v Nangwale and another
Confirmation Case No.208 of 1999
Theft of Cattle
Republic v Nangwiya
Confirmation Case No. 608 of 1997
Burglary and Theft
Republic v Nankhope
Confirmation Case No.318 of 2000
Attempted Theft
Republic v Nankwenya Misc.
Criminal Application No. 62 of 2003
In detention for the
murders of Winesi Musika and Stanford Mponde on the night of the 17th
and 18th March 2000, applies for habeas corpus. Although Austin
Nankwenya applies under section 42 (2) of the Constitution, under the Statute
Law (Miscellaneous Provisions) Act, this Court can, on a habeas corpus
application, release the detainee on bail.
Republic v Napolo and others
Confirmation Case No. 932 of 1999
Escape from lawful custody
Republic v Nazombe Confirmation
Case No. 687 of 2000
The defendant,
apparently, pleaded guilty and, on acceptance of the facts the state preferred
in support of the plea, the lower court convicted him of the offence. The
confusion, however, arose at the plea stage.
There are two charges bearing the same dates and relating to the same count.
The first charge has a single count of theft. The defendant never pleaded to it
because the state amended the charge to include a burglary count. The
defendant, however, pleaded to the second charge. On the defendant’s plea, the
lower court thought the proper charge was breaking into a building and
committing a felony therein, an offence under section 311 of the Penal Code.
The prosecution acceded to this. The amendment, it appears, was effected by
alterations on the charge before the lower court. In essence the alteration
involved substituting the offences in the offence section of the burglary count
and substituting the name in the burglary count with the word “building.’ The
theft count was unaltered. The amended charge, therefore, contained two counts.
The court, however, decided not to let the defendant plead to the amended
charge.
Republic v Nazombe (E) Confirmation
Case No.
Burglary and Theft
Republic v Ndelemani
Confirmation Case No.149 of 2002
Theft by Servant
Republic v Ndindo
Confirmation Case No.567 of 1996
Burglary and Theft
Republic v Ndisale
Confirmation Case No. 494 of 1997
Burglary and Theft
Republic v Ngabu
Confirmation Case No. 196 of 1999
Theft
Republic v Ngozo
Confirmation Case No. 231 of 2003
The court below
convicted the defendant, George Ngozo, of burglary and theft. Burglary and
theft are offences under sections 309 and 278, respectively, of the Penal
Code. The lower court sentenced the defendant to four years and one year
imprisonment, respectively, for the burglary and theft.
Republic v Nhlema
Confirmation Case No.502 of 1994
Breaking into a building and committing an offence
Republic v Njewa
Confirmation Case No. 1073 of 1996
Theft
Republic v Nkhoma
Confirmation Case No.554 of 1996
House breaking and Theft
Republic v Nkhoma
Confirmation Case No. 3 of 1996
Theft
Republic v Nkhunya
Confirmation Case No. 1002 of 2002
Housebreaking and
theft of a bicycle. Housebreaking and theft of a bicycle are offences under
sections 309 and 282 (h), respectively, of the Penal Code. The lower
court sentenced the defendant to five years imprisonment on each count.
Republic v Ntaba and Others
Confirmation Case No. 1082 of 1995
Theft of Cattle
Republic v Nthumbuli
Confirmation Case No.1016 of 1997
Arson
Republic v Nyasaland
Confirmation Case No. 269 of 1996
Cheating
Republic v Nyirenda
Confirmation Case No. 568 of 1997
Theft by Servant
Republic v Nyungwe
Confirmation Case No.833 of 1997
Burglary and Theft
Republic v Pakhalekhale Case No.
812 of 1996
Burgary and Theft Confirmation
Republic v Phiri (F M) and another
Confirmation Case No. 44 of 1995
Breaking into Building and Committing a Felony
Republic v Phiri (W K)
Confirmation Case No.430 of 2003
Burglary and Theft. The court
below convicted the defendant, Wyson Khoviwa Phiri, of burglary and theft.
Burglary and theft are offences under sections 309 and 278, respectively, of
the Penal Code. The lower court sentenced the defendant to three years
and one-and-half years’ imprisonment, respectively, for the burglary and theft.
Republic v Raphel
Confirmation Case No.465 of 2000
Burglary and theft. The
Third Grade Magistrate at Chikowa convicted the defendant, Joseph Raphael, of
burglary and theft. Burglary and theft are offences under sections 309 and 278
of the Penal Code, respectively. The lower court sentenced the defendant,
respectively, to nine and five months’ imprisonment for the burglary and theft.
Republic v Silaji
Confirmation Case No. 452 of 2002
Burglary and theft. The
court below convicted the defendant, Abasi Silaji, of burglary and theft.
Burglary and theft are offences under sections 309 and 278, respectively, of
the Penal Code. The lower court sentenced the defendant to eight years
and five years imprisonment, respectively, for the burglary and theft.
Republic v Suleman and Another Criminal
Case No. 144 of 2003
Corrupt Practices. The
defendants, Shabir Sulemani (the first defendant) and Shabir Sulemani and Aslam
Osman (the second defendant) submit that there is no case to answer on charges
against them under the Corrupt Practices Act. The State charged the defendants
with the offence of corrupt practices with a public officer. Corrupt practices
with a public officer is an offence under section 24 (2) of the Corrupt Practices
Act. Mr. Suleman answers three counts. On the first count the State alleges Mr.
Suleman between the 1st June and 31st December 2002 here
in Blantyre corruptly offered to his Honour Mr. Justice Maxon Mkandawire
gratification in the form of very low rent as an inducement for the Honourable
Mr. Justice Mkandawire to rule in Mr. Suleman’s favour a case which the said
Justice Maxon Mkandawire was presiding. On second count, concerning the same
matter before the Honourable Mr. Justice Maxon Mkandawire, the State alleges
that in around November 2002 Mr. Suleman corruptly promised to give the
Honourable Mr. Justice Maxon Mkandawire gratification in the form of a poultry
division of I Conforzi Limited valued at over US$ 500, 000 (Five thousand
United States dollars) as an inducement for the Honourable Mr. Justice Maxon
Mkandawire to rule in favour of Mr. Osman. In the third count the State charges
Mr. Suleman, in conjunction with Mr. Osman, between 1st June and 31st
December 2002, again concerning the same case, at Greenland Feed in Limbe, for
corruptly offering gratification amounting to K1, 000, 000 for the Honourable
Mr. Justice Maxon Mkandawire to rule in Mr. Osman’s favour. The second
defendant, therefore, only answers the third count where the State alleges he
worked in conjunction with Mr. Osman. Legal Practitioners from both sides
argued eruditely on the practice and procedure on the defendant’s submission,
in a criminal case, of course, of no case to answer, arguments, I must confess,
I found extremely helpful in resolving whether or not to uphold the defendants’
submission in this Court.
Republic v Suleman and Another (No. 1) Criminal
Case No. 144 of 2003
Appeal This
Court found a case to answer against the two defendants, Shabir Suleman (first
defendant) and Aslam Osman (second defendant), the legal practitioner for the
first defendant, Mr. Banda, SC, notified the Court that he was appealing
against the finding or order. This Court’s immediate reaction, based on many
decisions including some the legal practitioners cited yester afternoon, was
that no appeal to the Supreme Court lay from the order made. The legal
practitioners were, however, allowed to address the Court on the matter. On the
decisions of this Court, the Supreme Court and English Courts, no appeal lies
to the Supreme Court against this Court’s finding that the defendant has a case
to answer.
Republic v Suleman and Another Criminal case
No. 144 of 2003
Judgment
Republic v Tembo Confirmation Case
No.726 of 2000
Burglary and theft. The court
below convicted the defendant, Mike Tembo, of burglary and theft. Burglary and
theft are offences under sections 309 and 278, respectively, of the Penal
Code. The lower court sentenced the defendant to six years and one year
imprisonment, respectively, for the burglary and theft.
Republic v Themule Confirmation Case
No. 228 of 2002
Burglary and theft. The
court below convicted the defendant, Mike Tembo, of burglary and theft.
Burglary and theft are offences under sections 309 and 278, respectively, of
the Penal Code. The lower court sentenced the defendant to six years and
one year imprisonment, respectively, for the burglary and theft.
Republic v Zinkambani Confirmation
Case No.481of 2000
Housebreaking and
theft. Housebreaking and theft are offences under sections 309 and 278,
respectively, of the Penal Code. The lower court sentenced the defendant,
respectively, to eight and four months’ imprisonment.
Republic v Zwangeti
Confirmation Case No. 245 of 2001
Unlawful wounding. Unlawful
wounding is an offence under section 241 (a) of the Penal Code. The lower
court sentenced the defendant to five years’ imprisonment.
Samanyika v Republic Criminal
Appeal No. 33 of 2002
Appeals from the
judgment of the Zomba Second Grade Magistrate. The Zomba Second Grade
Magistrate Convicted the appellant of unlawful wounding. Unlawful wounding is
an offence under section 241 (A) of the Penal Code. The magistrate sentenced
the defendant to one-and-a-half years’ imprisonment.
Shaba v Republic MSCA Criminal
Appeal 12 of 2002
Murder Death sentence
Sudi and others v Republic MSCA
Criminal Appeal No. 7 of 1998 Armed robbery
Tembo and Others v Director of
Public Prosecutions MSCA Criminal Appeal No. 11 of 2004
Appeal against the High Court refusal to grant bail
Zaperewera v Republic Criminal
Appeal No. 50 of 2001
Burglary and Theft Appeal against conviction
Zgambo v Republic MSCA Criminal
Appeal No. 20 of 1999
Murder