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