Malawi parliament passes Criminal Procedure and Evidence Code (Amendment) Bill, 2022

The bill also seeks to amend the Code's Second Schedule by revoking the offences triable by the now defunct magistrate of the fourth-grade courts.

Malawi: Malawi Parliament passed the Criminal Procedure and Evidence Code (Amendment) Bill on August 9, 2022, with the goal of increasing the fines payable under sections 14 (3), 15 (1), 200, and 300 of the code.

The bill also seeks to amend the Criminal Procedure and Evidence Code (Cap 8:01) to bring it in line with the Courts Act, which has since streamlined the structure of subordinate courts by phasing out courts of the magistrate of the fourth grade, among other things.

The bill also seeks to amend the Code's Second Schedule by revoking the offences triable by the now defunct magistrate of the fourth-grade courts.

Read part of the bill: "It seeks to give courts of the magistrate of the third-grade jurisdiction to hear matters relating to: (a) stealing from a person in a dwelling house in transit, etc (section 282 of the Penal Code); and (b) stealing by tenants or lodgers (section 289) of the Penal Code)."

Titus Mvalo, Minister of Justice, stated that it is a critical bill because it may be difficult for courts to follow procedures properly if the Courts Act and the Procedure Code conflict.

"This is an amendment to the Criminal Procedure and Evidence Code. And it is this Code that establishes the procedure for court proceedings in all Malawian courts. So we amended the Courts Act last week. We introduced new fines, increased fines for certain offences, and eliminated a fourth-grade magistrate court in the Courts Act,” he stated.