Malawi: Unreasonable Delay for Trial
20th November 2010

While there has been an exhaustion of the domestic remedies with the refusal of SALC’s application for constitutional certification in a case to determine what qualifies as an unreasonable delay for trial,  SALC is planning to take the case of Alex Mkula (detained for 10 years) before the new African Court of Human and Peoples Rights.

The Court will be asked to assess whether a number of his Charter Rights were violated and if so what the appropriate remedy would be. As a consequence, SALC is re-filing the application in the High Court as a criminal case that raises constitutional issues. The denial of certification is disappointing because it closes the door on an opportunity to develop Malawi’s constitutional law.  The application concerns Sections 42(1)(f) and 42(2)(f)(i) of the Malawi Constitution, which guarantee the right to be released from unlawful detention and to a fair and public trial within a reasonable time, respectively.

 

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