SUPREME COURT OF APPEAL

CHAPTER 3:01
SUPREME COURT OF APPEAL

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
CONSTITUTION AND GENERAL POWERS OF SUPREME COURT OF APPEAL

    3.    Constitution of the Supreme Court of Appeal

    4.    Judge not to sit on an appeal from his own decision

    5.    Officers of the Court

    6.    Seal

    7.    Powers of a single member

    8.    Procedure and practice

    9.    Effect of judgment of Court

    10.    Right of audience

PART III
CRIMINAL APPEALS

    11.    Appeal in criminal cases

    12.    Determination of appeals in ordinary cases

    13.    Powers of Court in special cases

    14.    Powers of Court in relation to an order ancillary to conviction

    15.    Detention as unconvicted prisoner

    16.    Supplementary powers of Court

    17.    Time for appealing

    18.    Stay of execution of sentence of death or corporal punishment

    19.    Right of appellant to be present

    20.    Statement of case on question of law arising on appeal

PART IV
CIVIL APPEALS

    21.    Civil appeals

    22.    Powers of the Court on an appeal in civil matters

PART V
MISCELLANEOUS

    23.    Time for appealing

    24.    Admission of appellant to bail and custody when attending court

    25.    Administration of oaths

    26.    Warrant for production of appellant before Court

    27.    Rules of Court

40 of 1963
17 of 1964(N)
13 of 1965
24 of 1968
5 of 1971
19 of 1973
1 of 2004
G.N. 219/1964(N)
137/1966
263/1969

    An Act to make provision for the constitution of the Supreme Court of Appeal, the jurisdiction thereof, the procedure therein and matters connected therewith and incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Supreme Court of Appeal Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Chief Justice” means the Chief Justice of Malawi appointed under section 63 of the Constitution;

    “judge” includes the Chief Justice;

    “judgment” includes decree, order, sentence and decision;

5 of 1971

    “lower court” means a subordinate court;

    “member” means a member of the Supreme Court of Appeal specified in section 67 (2) of the Constitution;

    “rules of court” mean rules of court made under this Act.

PART II
CONSTITUTION AND GENERAL POWERS OF SUPREME COURT OF APPEAL

3.    Constitution of the Supreme Court of Appeal

    (1) This Act shall apply to the Supreme Court of Appeal for Malawi, hereinafter referred to as “the Court”, established under section 67 of the Constitution.

1 of 2004

    (2) In the absence of the Chief Justice, the senior member of Court shall preside.

    (3) Subject to the provisions of this Act—

    (a)    for the purpose of the hearing and determination of appeals, the Court shall be constituted of the Chief Justice or other member presiding, and two other members;

    (b)    for the purpose of the hearing and determination of an appeal, if the question before the Court expressly or substantially relates to or concerns the interpretation or application of the Constitution, the Court shall be constituted of the Chief Justice or other member presiding, and four other members;

    (c)    the determination of any question before the Court shall be according to the opinion of the majority of the members of the Court hearing the appeal.

4.    Judge not to sit on an appeal from his own decision

    A judge shall not sit as a member on the hearing of an appeal from any judgment given by himself or given by any court on which he was sitting.

5.    Officers of the Court

    The Registrar of the High Court shall be the Registrar of the Court and every deputy Registrar of the High Court shall be a deputy Registrar of the Court.

6.    Seal

    The Court shall have a seal, having a device or impression approved by the Minister, with the inscription—“Supreme Court of Appeal”.

7.    Powers of a single member

    A single member of the Court may exercise any power vested in the Court not involving the hearing or determination of an appeal:

    Provided that—

    (a)    in criminal matters, if a single member refuses an application for the exercise of any such power, the applicant shall be entitled to have his application determined by the Court;

    (b)    in civil matters, any order, direction or decision made or given in pursuance of the powers conferred by this section may be varied, discharged or reversed by the Court.

8.    Procedure and practice

    The practice and procedure of the Court shall be in accordance with this Act and any rules of court made thereunder:

    Provided that if this Act or any rules of court made thereunder does not make provision for any particular point of practice and procedure then the practice…