User:Marsfieldmw/sandbox

Malawi Supreme Court of Appeal
MSCA or MWSC
Established	July 6, 1996
Jurisdiction	Appellate
Location	Judiciary Complex, Chichiri, Blantyre, Malawi
Composition method	Appointed by the President of the Republic of Malawi on recommendation of the Judicial Service Commission
Authorised by	Constitution of the Republic of Malawi section 104, Supreme Court of Appeal Act
Appeals from	High Court, other Courts, tribunals
Number of positions	11
Language	English
Type of tribunal	Final and superior Court
Website	www.judiciary.mw
Chief Justice of the Republic of Malawi
Currently	Rizine Robert Mzikamanda SC
Since	19 January 2022
Lead position ends	18 January 2027
Former Chief Justice of the Republic of Malawi
Currently	Andrew AKC Nyirenda
Since	March 2015
Lead position ends	December 2021
President of the Supreme Court of Appeal
Currently	Lovemore Chikopa SC

The Supreme Court of Appeal is established by Section 104 of the Constitution of Malawi as the final appellate court of the Malawi Judiciary. It is the highest court of record positioned at the pinnacle of the pyramid-shaped judicial branch of Malawi’s government.

Composition and Organisation

Prior to the adoption of the current Constitution of 1995, the Court was presided over by non-permanent Judges who sat in the High Court. The 1995 constitution of the Republic of Malawi created the Malawi Supreme Court of Appeal with its own Justices of Appeal. However, according to Section 106 of the Constitution, a Judge of the High Court may be appointed by the President of the Republic of Malawi on the recommendation of the JSC to serve as an acting Justice of Appeal by reason of a vacancy of the office.

According to Section 105 of the Constitution of Malawi, the Supreme Court of Appeal is comprised of the Chief Justice and such other number of judges not being less than 3.

The Chief Justice is appointed by the President of the Republic of Malawi and confirmed by the Malawi National Assembly by a majority of two-thirds of members present and voting. The other Justices of appeal are appointed by the President on the recommendation of the Judicial Service Commission (JSC). As a matter of practice, the Judicial Service Commission recommends the most senior Judges of the High Court for appointment to the Supreme Court of Appeal. In July 2022, the Judicial Service Commission passed over a very senior Judge of the High Court, Judge Michael Mtambo to make appointments that ensured balance at the Supreme Court in terms of age, sex and regions of origin. Judge Mtambo unsuccessfully sued both the President and the Judicial Service Commission before his fellow judge of the High Court which ruled that this practice is not binding as the President and Judicial Service Commission are at liberty to deviate from the practice. The High Court stated that the appointment to the Supreme Court of Appeal from the High Court are not promotions.

A sitting of the Supreme Court was presided by 3 Justices of Appeal which would at times include the Chief Justice except in Constitutional matters where five Justices of Appeal had to preside. From 2018, the Chief Justice issued a Practice Direction requiring the Chief Justice or such other senior Justice of Appeal to sit with at least 6 other Justices of Appeal on all matters.

Jurisdiction

The Supreme Court of Appeal hears appeals from the decisions of the High Court and such other Courts and tribunals as may be prescribed by law. There are two procedures by which cases can come before the Court. First, in most cases, a party who wishes to appeal against the decision of a lower court must obtain permission, or leave to appeal, from the Court. Second, there are cases, referred to as appeals "as of right", for which leave to appeal is not required. These include certain criminal cases and appeals from opinions pronounced by the high court on matters heard by it. The Court has no original jurisdiction except on matters relating to its practice and procedure.