The African Court on Human and Peoples' Rights, based in Arusha, Tanzania, has delivered a judgment in favor of two Malawi nationals, Kambeyo Ka-Kaunda and Emmie Chenda Mkandawire, in a case against the Republic of Malawi. The applicants alleged that Malawi's domestic courts failed to provide a fair trial and protect their right to property in a protracted land dispute. The case dates back to 2010 when the applicants assisted an associate in securing a land title in Blantyre, Malawi.
According to the applicants, the dispute arose when their associate, Profera Mtambalika, breached a sale agreement and refused to transfer a portion of the land to them. The applicants took the matter to the High Court of Malawi in 2010, seeking specific performance. However, the High Court dismissed their case in 2014, citing misrepresentation. The applicants appealed to the Malawi Supreme Court of Appeal, which dismissed their appeal in 2016 and ordered them to pay costs to Mtambalika.
The applicants claimed that they experienced several irregularities during the trial, including not receiving a signed copy of the Supreme Court's judgment and procedural irregularities during the review proceedings. They alleged that the review hearing was conducted by only two judges, instead of the required nine, and that they never received an official copy of the review judgment. The applicants filed a request for review, which was dismissed in 2022.
The African Court noted that Malawi did not file any pleadings in the case, despite repeated reminders. The court found that all requirements for a judgment in default had been met, including the notification of the application to Malawi and the applicants' request for a judgment in default. Given the severity of one of the applicants' illnesses, the court decided to expedite the matter and render a judgment in default.
On jurisdiction, the court conducted a preliminary examination and found that it had material, personal, and temporal jurisdiction to hear the case. The court noted that Malawi had ratified the Protocol to the African Charter on Human and Peoples' Rights and deposited a declaration accepting the court's jurisdiction to receive applications from individuals and non-governmental organizations.
The court considered the requirements for admissibility under Article 56 of the Charter and found that the applicants had indicated their identities and that the application sought to protect rights guaranteed under the Charter. The court also found that the application was compatible with the Constitutive Act.
The African Court's judgment in favor of the Malawi nationals highlights the importance of ensuring fair trial rights and protecting property rights in African countries. The court's decision demonstrates its role in upholding human rights and the rule of law in Africa. The applicants' case is a significant example of the court's ability to provide a forum for individuals to seek redress for human rights violations.
Key points
- The African Court on Human and Peoples' Rights has ruled in favor of two Malawi nationals in a case against the Republic of Malawi, finding that the country violated their rights to a fair trial and property.
- The case involved a protracted land dispute in Malawi, which led to the applicants experiencing several irregularities during the trial.
- The court's judgment demonstrates its role in upholding human rights and the rule of law in Africa.
