The Malawi High Court declared in 2010 that the country’s sedition laws were illegal as they contravened against the Malawi Constitution, Malawi24 has learnt.
Renowned lawyer, Sunduzwayo Madise cited a ruling that Justice Lovemore Chikopa delivered in the case involving Harry Mkandawire and Yeremiah Chihana who were charged with managing unlawful Society.
But on sedition, Justice Chikopa ruled: “And yes perhaps it is time we decided whether in their present form our sedition laws remain valid in the current Constitutional dispensation or whether we still need them. We think not in either instance”.
While writing on his Facebook on the heels of Ulemu Msungama’s sedition charges, Sunduzwayo Madise said while drawing on Justice Chikopa’s ruling that since the 2010 High Court ruling was neither appealed nor overruled by the Malawi Supreme Court, the current sedition laws under the Penal Code “are unconstitutional and no longer needed”.
In this case, Madise suggested that Ulemu Msungama may walk free as he has been charged using nonexistent laws. The Malawi Constitution, under Section 5, grants the High Court the power to declare a law invalid if it is inconsistent with the Constitution.