Mandatory reviews in criminal cases in Malawi : the recent understanding and its implications

Abstract

The procedure for mandatory reviews, also known as confirmations, has existed in Malawi since the colonial period. It requires that when a subordinate court convicts a person and imposes a punishment that passes a prescribed threshold, the case record be forwarded to a higher court for review. This article examines the evolution of this procedure in Malawi from the colonial era to how it is being currently understood and applied. It argues that the understanding that courts have recently attached to the procedure does not align with how this procedure has historically developed. Moreover, this understanding diminishes the procedure’s effectiveness in its function of protecting convicts’ rights. The article suggests ways of improving the procedure to ensure it remains relevant and suitable for the purpose for which it was originally established.