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 2

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