Law of Evidence at Malawi
In Malawi, the law of evidence is primarily governed by the Criminal Procedure and Evidence Code, established under Act No. 36 of 1967. This Code provides comprehensive guidelines on the admissibility, presentation, and evaluation of evidence in criminal proceedings.
Key Provisions of the Criminal Procedure and Evidence Code
Definition of Evidence: The Code defines evidence as information of any description that tends to prove or disprove a fact in issue. It encompasses both oral and documentary evidence presented in court.
Relevancy of Facts: Section 171 outlines the circumstances under which facts are considered relevant, including situations where they form part of the same transaction, show a motive, or establish a pattern of conduct.
Presumptions: Section 170 allows the court to presume certain facts unless disproven, facilitating the establishment of facts without direct evidence.
Witness Testimony: The Code specifies procedures for the examination of witnesses, including rules on leading questions, impeachment of witness credibility, and the use of prior statements to corroborate or challenge testimony.
Documentary Evidence: Provisions under Section 245 govern the admissibility and handling of documentary evidence, including public and private documents, and the conditions under which secondary evidence may be accepted.
Corroboration: Certain offenses, such as sedition and perjury, require corroboration of witness testimony before a conviction can be secured, as stipulated in Section 244.
Additional Legislation
Evidence by Commissions Act (1967): This Act facilitates the examination of witnesses and the production of documents in foreign jurisdictions, allowing for the use of such evidence in Malawian courts. It also addresses issues like refusal to answer questions and penalties for giving false evidence.
For detailed information and the full text of the legislation, you can refer to the website or write to us:
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