It may appear as if Judiciary is not independent just wait until when the government is trying to become authoritarian.. We have the best judiciary in Malawi those guys uphold the constitution of this country.
Suddenly, all DPP Criminals who had their cases in court are winning their cases.or their cases are getting wiped out. Does that sound like an independent judiciary to u ?
Ndisalankhule kwambiri Koma what l know iweyo ndi celebrity to pple who love your art...
Accept the fact kt you can't be known to everyone else ngati Mene Ali achina Kelly ๐
Your poems are extraordinary ndipo sizawina aliyese
Ukanakhala Ku UK bwezi ukuzadzitsa ma arena
The case should be;
Bushiri V Offence of DPP not Kayuni
๐๐ Why suing him yet he was working under the directives from the office of Public prosecutions.
Lawyer wanu ndi ndani kodi??
In 2021, at the height of the COVID-19 pandemic, my eight-year-old daughter was scheduled to travel from Malawi to Kenya for urgent medical treatment. At that time, most hospitals in Malawi were overwhelmed and unable to provide the specialized care she desperately needed.
Tragically, upon her arrival at Lilongwe International Airport, an injunction was issued by Mr. Steve Kayuni, who was then the Director of Public Prosecutions, preventing her from leaving the country. He claimed to have received directives from officials within the South African Government to act in that manner. My daughter, already in a fragile condition, was detained at the airport for five days while my legal team worked tirelessly to overturn the injunction. By the time the court granted permission for her to travel, it was too late โ she had lost her life.
We accepted the pain and forgave Mr. Kayuni. However, forgiveness does not remove accountability. There are far too many individuals in authority who misuse their positions without consequence. This time, the law must speak.
I have therefore instructed my legal team to institute legal proceedings against Mr. Kayuni so that he may explain before a competent court which South African officials allegedly directed him to take such an unlawful and inhumane action against an innocent child.
Every child has the right to life and access to medical care, as enshrined in the Constitution of Malawi and protected under international human rights law. This case is not only about my daughter โ it is about defending every Malawian child from the abuse of power.
I am deeply grateful to the many child rights organizations, legal practitioners, and human rights advocates who have come forward in solidarity. Justice delayed took my daughterโs life, but justice denied will not silence her memory.
โ Prophet Shepherd Bushiri
@ElenimoC Yes the general rule is that the state pays for wrong acts of it's officers.
The officer's actions are treated as those of the state because he was acting in the course of employment.
But he can pay personally (section 5 of Civil procedure) if it is proved to be forceable.
@ElenimoC Ooh l get you...
Yes he can get sued but even if he's found liable the compensation will be tax payers money.
Then the 2nd Respondent....... Should be The Office of DPP.
@ElenimoC Bushiri cannot win this case boss.. You can screenshot this.
What if Mr Kayuni was acting in accordance with the law?
Was the death forceable?
Are the lawyers arguing this case as Civil or Constitutional?