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Friday, February 17, 2012

Judicial Strike: State v President of the Republic of Malawi

For those who have an interest in the ongoing Judicial Strike, here is the judgment from the 2006 Constitutional case which upheld the Applicants case that once the Malawian National Assembly had determined the terms and conditions of service of the judiciary it became the duty of the executive to implement such determination. Topically Mr Ralph Kasambara appeared for the Applicants in the case

The final words of the court seem relevant to this day: 

"With a little bit of sobriety of thought we doubt whether it would have been necessary to have this matter the subject of litigation"

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