Number of levels of adjudication
Malawi
EU 2009 EOM Reportpg:21 & 22
In order to improve the legal timelines and thelack of deadlines to deal with election related cases, the Chief Justice issueda practice direction abridging the time periods for these cases to be dealt with.The document stipulated the steps and timeframe for proceedings to be respectedby the High Court, Supreme Court of Appeal and the parties involved to avoid unnecessarydelays.
Pg22: In 2009 the High Court ruled that the ElectoralCommission did not have the right to disqualify a candidate from standing becauseof his conviction was not under the category of disqualified offences.
Nevertheless,the Electoral Commission appealed to the Supreme Court of Appeal against the decision of the High Courtin Mzuzu, although this candidate was included on the ballot paper.
Constitution of the Republic of Malawi1994, Article 104 – 105
TheSupreme Court of Appeal shall be the highest appellate court and shall havejurisdiction to hear appeals from the High Court and such other courts andtribunals as an Act of Parliament may prescribe.
TheJustices of the Supreme Court of Appeal shall be –
- the Chief Justice;
- such number of other Justices of Appeals not being less than three, as may be prescribed by an Act of Parliament.
Whenthe Supreme Court of Appeal is determining any matter, other than aninterlocutory matter, it shall be composed of an uneven number of Justices ofAppeal, not being less than three.
