84. The Court observes that Article 7(1) of the Charter and other above cited provisions are to the effect that every individual shall have the right to have his cause heard. 85. The Court finds that with regard to this allegation on the failure of the MSCA to provide the Applicant with reasons for its decision, the Supreme Court of Appeal, in its ruling as attached by the Applicant to this Application, stated that after reviewing the arguments and supporting law, they have decided unanimously to dismiss all appeals, and uphold convictions and sentences.15 86. The Court further observes that section 139(1) of the Criminal Procedure and Evidence Code of the Respondent State16 provides that the judgment in every trial, other than a jury trial, in any criminal court in the exercise of its original jurisdiction, shall be pronounced, or the substance of such judgment shall be explained, in open court, either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties. However, as per the same provisions, the whole judgment shall be read out by the presiding judge or magistrate if he or she is requested to do so either by the prosecution or defence. 87. The Court further observes that, in the present case, the Applicant did not supply a copy of the judgment of the MSCA while the Respondent State did not take part in the proceedings before this Court let alone ascertain whether the judgment requested was available or not. 88. Notwithstanding the above, this Court takes judicial notice that on 14 July 2021, the MSCA delivered a judgment in the concerned matter, which is 15 We have read and considered the arguments put before us including the law cited in support, and it is our unanimous decision that the appeals herein should be dismissed in their entirety and that for the avoidance of doubt, that is in relation to all appeals, all convictions and all sentences. The Appeals are accordingly dismissed, the decision of the High Court is maintained, a formal judgement will be circulated soonest.’’ – Misozi Charles Chanthunya v. The Republic, Criminal appeal No 1 of 2021 (Malawi Supreme court of appeal) (Judgement) (14th July 2021). 16 Section 139(1) of the Criminal Procedure and Evidence Code of Malawi, Act 36 of 1967. 20

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