Alex was arrested in 2001 for allegedly murdering a police officer. In 2009 SALC launched a constitutional challenge (seeking an interpretation of the right to a trial within a reasonable period of time) the court refused to hear this matter as a constitutional case.  

In 2010 SALC took the decision that bail should be sought for Mkula. The bail hearing took place on 22 July 2010. The state objected to bail on the basis that he had other cases to answer (namely one of armed robbery from 2001). The bail hearing was the first time that Mkula, his counsel or SALC had been informed of these other charges. Unfortunately Alex Mkula who had by this point been awaiting trial for 9 ½ years was refused bail by the judge.

In 2011 SALC sought to secure Mkula’s release via a writ of habeas corpus. Despite the right to habeas corpus being protected in the Malawian constitution it is rarely used as a mechanism for obtaining release from prison. Furthermore when habeas corpus is relied upon it has been confused, by both counsel and judges, as being the same procedure as for bail. SALC sought a clarification of the jurisdiction of habeas corpus namely; release if detention is illegal. SALC argued that Mkula should be released immediately as his continued detention was illegal as it infringed his right to a trial within a reasonable period of time.

The case was heard in March 2011. The judge twice adjourned the judgement date so that he could consider the welter of case law that SALC had relied upon. Judgement was given in April 2011. The judge released Mkula on bail but the judgement failed to make any reference to habeas corpus; the judgement is of no real precedent value to the numerous other pre trial detainees in Malawi who have been awaiting trial for an unreasonable period of time.

Print Mkula Judgment.pdf