Malawi High Court says Death Sentance not Automatic with Death Recommendatoin

The Constitutional Court sitting in Blantyre on Friday pronounced mandatory death sentence as unconstitutional, inhumane and a degradation to human dignity.The court was ruling in a case where a murder convict Francis Kanfantayeni and five others were challenging the constitutionality of the death penalty.

“We hold and declare that Section 210 of the Penal Code is invalid to the extent of mandatory death penalty...The declaration does not outlaw the death penalty but the mandatory death sentence following a murder offence,” said Justice Elton Singini as he read out a judgement reached at unanimously with justices Frank Kapanda and Maclean Kamwambi.

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