Law and order

ConCourt Judgement: Miscarriage of Justice?

1 Min Read
ConCourt Judges
ConCourt Judges
justices Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu

Shared by Impi Ralph Chienda Ngozo

Using a simple dictionary not those complicated ones that were referenced to murder Justice this what I came up with.

The term travesty of justice is sometimes used for a gross, deliberate miscarriage of justice. Show trials (not in the sense of high publicity, but in the sense of lack of regard to the actual legal procedure and fairness), due to their character, often lead to such travesties.

The concept of miscarriage of justice has important implications for standard of review, in that an appellate court will often only exercise its discretion to correct a plain error when a miscarriage of justice (or “manifest injustice”) would otherwise occur.

The Scandinavian languages (viz. Danish, Norwegian and Swedish) and Finnish have a word, the Swedish variant of which is justitiemord, which literally translates as “justice murder”. Slavic languages use a different word (e.g., justi?ná vražda in Slovak, justi?ní vražda in Czech), but it is used for judicial murder, while miscarriage of justice is “justi?ní omyl” in Czech, implying an error of the justice system, not a deliberate manipulation. The term was originally used for cases where the accused was convicted, executed, and later cleared after death.

What will the supreme court of appeal decide?

The highest court in Malawi is the supreme court of appeal. The ConCourt operates at the level of the high court. Its main mandate is to interpret existing laws in our constitution. It has no mandate to enact parliamentary laws or force Parliament to create new laws to suit their Judgement. It has no mandate to interpret non-existing laws or acts.

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