The Malawi Judiciary Courts

Brief On Court Structure in Malawi

Chapter IX of the Constitution establish courts at various levels, their composition, and powers. The Supreme Court of Appeal Act provides for the structure, powers and functions of the Supreme Court of Appeal, while the Courts Act provides for the structure, powers and functions of the High Court of Malawi and Subordinate Courts.

Supreme Court Of Appeal

Section 104 of the Constitution of the Republic of Malawi establishes the Supreme Court of Appeal. The Supreme Court of Appeal is the superior court of record and has such jurisdiction and powers as conferred on it by the Constitution or any other law. It is the highest appellate court and has jurisdiction to hear appeals from the High Court and Tribunals as an Act of Parliament may prescribe. Under the current constitutional arrangement, no court can be established of superior or concurrent jurisdiction with the Supreme Court of Appeal.

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High Court Of Malawi

Section 108 of the Constitution establishes the High Court. The High Court has unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law; and it reviews any law and any action and decision of the Government for conformity with the Constitution save as otherwise provided by the Constitution. Under the current constitutional arrangement, no court, other than the Supreme Court, can be established of superior or concurrent jurisdiction with the High Court.


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Subordinate Courts

There are four types of subordinate courts namely: Industrial Relations Court, Magistrate Courts, Child Justice Courts and Local Courts.

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