Over the past four years, SALC has continued to support criminal justice reform in Malawi. Working with local attorneys and civil society to identify the most pressing issues,  SALC has supported cases that have addressed the right to receive a trial within a reasonable time, the right to bail and challenged the discretionary sentencing powers afforded to the President in relation to minors accused of serious crimes.

Through these cases it has become increasingly apparent that the Malawian judiciary is unwilling to engage with issues of criminal justice reform and acknowledge the international and constitutional right to a fair trial.

The case of Paul v Attorney - General is unfortunately no different. The state did not file a response to SALC’s legal submissions nor did they appear in court for the hearing. In the judgement, delivered on 4 October 2011, the judge proceeded to argue the state’s case, bringing into question his role as independent and impartial adjudicator. The failure of the state to defend the matter seemed to have prejudiced the applicant, instead of the state. The judgement also made several egregious mistakes in interpreting the law and the facts, demonstrating again that due process and criminal justice reform in Malawi are not being realised.  SALC will support the appeal of this decision.

For a full critical analysis of the Paul judgment see our blog post on the matter here.   

The full judgement is available on here. 

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