106. Lastly, the limitation must be necessary in an open and democratic society. In deciding this aspect, Malawian Courts have considered whether a limitation promotes the fundamental principles of the Constitution or principles of national policy. For example, in the Press Trust Case, the Supreme Court of Appeal considered the fact that the Press Trust (Reconstruction) Act was passed for the benefit of the whole population of Malawi as a compelling reason for limiting the property right of the trustees of the Press Trust. 107. In Friday Jumbe & Humphrey Mvula v Attorney General, while noting that the term ‘open and democratic society’ is difficult to define, Mkandawire J. explained, citing section 13 of the Constitution, that it includes transparency and accountability. Consequently, he held in his dissenting opinion that the reverse onus provision in the Corrupt Practices Act was justifiable because it was intended to advance the legitimate objective of eliminating corruption and thus promoting public accountability. In contrast, Katsala, J. held that, while corruption was an evil that had to be eradicated, an open and democratic society should respect the fair trial rights of persons suspected of criminal offences. He, therefore, concluded that the reverse onus provision in issue was not reasonable or necessary in an open and democratic society. 108. Section 13(n) of the Constitution enjoins the State to actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving ‘a sensible balance between the creation and distribution of wealth through the nurturing of a market economy and long-term investment in health, education, economic and social development programmes.’ Page 39 of 45