Justice Sector and the Rule of Law - AfriMAP

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upon the seriousness of the government’s fight against corruption. 171Most convicted prisoners whose sentences are reduced benefit not from presidential pardons,which depend on the occasional exercise of the president’s discretion, but from the routine remissionof sentences which is authorised by the law. 172
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MalawiJustice Sector and the Rule o
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Judicial review of the constitution
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Numerous individuals and research o
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The 1994 democratic Constitution th
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This discussion paper is based on t
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The Law Commission makes its recomm
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In recent years, government respect
Page 21 and 22: the effective follow-up of recommen
Page 23 and 24: funds for this purpose are still su
Page 25 and 26: The Constitution establishes safegu
Page 27 and 28: In order for lawyers to effectively
Page 29 and 30: enhancing consistency, compensation
Page 31 and 32: tions consistent with human dignity
Page 33 and 34: As a result of these barriers, most
Page 35 and 36: The Human Rights Commission is esta
Page 39 and 40: The end of Banda’s dictatorial ru
Page 41 and 42: The adoption of a new Constitution
Page 43 and 44: However, the government withdrew th
Page 45 and 46: provides the legal framework within
Page 47 and 48: order. In 1993, after pressure from
Page 49 and 50: public servant, provides that a pub
Page 51 and 52: his or her defence at the close of
Page 53 and 54: The High Court has unlimited origin
Page 55 and 56: Commission should first undertake f
Page 57 and 58: court of appeal for cases in tradit
Page 59 and 60: The Constitution provides for the L
Page 61: (CIDA), the Norwegian Agency for De
Page 64 and 65: annually financed by grants and con
Page 66 and 67: to pay lawyers in private practice
Page 68 and 69: give the attorney-general two month
Page 70 and 71: country-wide food shortage in 2000.
Page 75 and 76: Management of the justice sector ha
Page 77 and 78: In general, the effectiveness of pl
Page 79 and 80: lawyers and the judiciary. 186Inequ
Page 81 and 82: Most institutions in the justice se
Page 83 and 84: administrative officers. 210 The ju
Page 85 and 86: Ministry of Justice and Constitutio
Page 87 and 88: published in Malawi. 235 This limit
Page 89: justice; that its implementation be
Page 92 and 93: In keeping with international stand
Page 94 and 95: of High Court judges and members of
Page 96 and 97: [A]t the moment, most of our presen
Page 98 and 99: courts. 278 Nevertheless, poor cond
Page 100 and 101: identified by a task force set up i
Page 102 and 103: hierarchy than the latter. Accordin
Page 104 and 105: a significant degree of corruption
Page 106 and 107: The University of Malawi is the onl
Page 108 and 109: procedures that obtain in the procu
Page 111 and 112: Significant progress has been made
Page 113 and 114: According to data held by the Resea
Page 115 and 116: was 1:395 for South Africa 352 and
Page 117 and 118: y the Centre for Human Rights and R
Page 119 and 120: Historically, ‘police abuse has b
Page 121 and 122: y public officials. 387The courts h
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However, it is not clear whether su
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assisted by lawyers who have less t
Page 127 and 128:
national language, if it is clear t
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aim of the units is to assist victi
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emoved the minimum sentence and onl
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it. As a first step, Parliament cou
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were convicted male prisoners and 6
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had at least one health attendant.
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section 33 of the Prisons Act 495 t
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strategy for reducing prison overcr
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topics on various aspects of democr
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The fees required at different stag
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two offices throughout the country,
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operation for a little more than on
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The restrictive interpretation of
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The right of every person to enforc
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Section 129 of the 1994 Constitutio
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limit its effectiveness in protecti
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such an intervention is the Primary
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system. Given their importance, urg
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and 2005 was given by DFID, 597 USA
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ary powers that sector-wide plannin
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For its part, the UNDP also closely
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protecting members of civil society
Page 172 and 173:
Although information on development
Page 174:
International agreements relevant t
Page 181 and 182:
African Commission on Human and Peo
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Aiman Mussa, programme manager, Dem
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Justice Sector and the Rule of Law - AfriMAP

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