HONOURABLE F.E. KAPANDA, SC, JA
HONOURABLE A.D. KAMANGA, SC, JA
Tembenu, SC, and Mbeta of Counsel for 1st Appellant,
Chokhotho and Banda of Counsel for 2nd Appellant
Dr Silungwe and Chilenga of Counsel for 1st Respondent
Msisha, SC, and Likongwe of Counsel for 2nd Respondent
Shaibu, Kumbani and Mankhwazi, Judicial Research Officers
Mrs Chimtande and Minikwa, Recording Officers
Mrs Pindani and Msimuko, Court Reporters
JUDGMENT
Nyirenda, CJ
Introductory matters
Malawi is a sovereign state, with rights and obligations under the Law of Nations. As a
sovereign state, we have chosen to be a constitutional democracy for the wellbeing and
protection of our people. Section 4 of our Constitution provides that “the Constitution
shall bind all executive, legislative and judicial organs of the State at all levels of
Government and all the people of Malawi are entitled to the equal protection of the
Constitution and laws made under if. Pursuant to our constitutional and democratic
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