Malawi Supreme Court Backpaddles from the Death Penalty Ban

Only four months ago, the Malawi Supreme Court concluded in Charles Khoviwa v. The Republic that the death penalty was unconstitutional and at odds with the right to life. The judgment was celebrated as a victory by human rights actors and activists campaigning against the use of capital punishment. 

It is thus striking to report that the Supreme Court has overruled the Khoviwa judgment and reversed its position on the death penalty. In an updated ruling, the Supreme Court concludes that the case did not actually concern itself with the question of whether the death penalty was constitutional. Moreover, out of the nine judges who were on the bench in the Khoviwa case, seven have come forward to express that the majority did not actually agree with the judgment. In fact, they go as far to say that the decision to abolish the death penalty solely reflected the personal convictions of the - now retired - Justice Mwaungulu. 

Given the change in the Supreme Court’s ruling, it is expected that the death penalty will be implemented in Malawi once more. For further information please visit: https://www.jurist.org/news/2021/08/malawi-supreme-court-reverses-death-penalty-ban/ and https://www.voanews.com/africa/malawis-supreme-court-makes-u-turn-death-penalty-ban. 

Source: Novak, A, ‘Malawi Abolishes Death Penalty: What it Means for Southern Africa’ (The Conversation, 16 June 2021) <https://theconversation.com/malawi-abolishes-death-penalty-what-it-means-for-southern-africa-162522> Accessed 3 September 2021.