JIFA Newsletter #8/2019 - 28 February
Don't use "constitution" as a "mantra", Malawi Supreme Court warns
Malawi’s former agriculture minister, George Chaponda, was a key figure in that country’s “Maizegate” scandal around the importation of maize from Zambia to replenish stocks that had allegedly fallen low. Public criticism of apparent corruption led to a presidential commission of inquiry and then to high court action to have Chaponda stand down during the inquiry. Though the high court initially ordered Chaponda’s suspension, the supreme court has just ruled that it was wrong to do so, and that the judge had ignored binding precedent. The judgment was important for clarifying Malawi’s approach to judicial review. It has also taken an in-depth look at presidential prerogative among other issues.