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Monday, May 28, 2012

RE: HELP

Thank you Felister.

 

From: malawi_lawsociety@googlegroups.com [mailto:malawi_lawsociety@googlegroups.com] On Behalf Of felisterdossi@yahoo.co.uk
Sent: Tuesday, May 29, 2012 7:46 AM
To: malawi_lawsociety@googlegroups.com
Subject: Re: HELP

 

+265995306606 or 0888874157 - mapemphero manda

Sent from my BlackBerry® smartphone provided by Airtel Malawi.


From: "Alan Chinula" <achinula@williamfaulknermw.com>

Date: Tue, 29 May 2012 07:36:43 +0200

Subject: RE: HELP

 

Colleagues,

Please assist…I need Counsel Mapemphero Manda’s cell number. If you are reading me Ada Manda, please call me on 0888841626.

AC

 

From: malawi_lawsociety@googlegroups.com [mailto:malawi_lawsociety@googlegroups.com] On Behalf Of Francis Ekari M'mame
Sent: Monday, May 28, 2012 8:56 PM
To: malawi_lawsociety@googlegroups.com
Subject: Re: Section 211 of the Constitution

 

Nothing...lol. I have noted that the version which court used has the words 'or under' after 'by' and before 'an' in subsection 1.

........................................................
Francis Ekari M'mame
Lilongwe,
Malawi

"To sin by silence when we should protest makes cowards out of men."
                             - Ella Wheeler Wilcox

On May 28, 2012 8:52 PM, "Sundu" <sunduzwayo@yahoo.co.uk> wrote:

Ekari,

What is the difference between your version and mine?

Sent from my BlackBerry® smartphone 'aired' by Airtel Malawi.


From: "Francis Ekari M'mame" <ekarimmame@gmail.com>

Date: Mon, 28 May 2012 18:18:20 +0200

Subject: Re: Section 211 of the Constitution

 

Sundu

I am using the electronic version which the Ministry of Justice released in November 2010...and section 211 of the Constitution is provided as follows:

(1) Any international agreement entered into after the commencement of this Constitution shall form part of the law of the Republic if so provided by an Act of Parliament.

(2) Binding international agreements entered into before the commencement of this Constitution shall continue to bind the Republic unless otherwise provided by an Act of Parliament.

(3) Customary international law, unless inconsistent with this Constitution or an Act of Parliament, shall form part of the law of the Republic.

........................................................
Francis Ekari M'mame
Lilongwe,
Malawi

"To sin by silence when we should protest makes cowards out of men."
                             - Ella Wheeler Wilcox

On May 28, 2012 6:02 PM, "Sunduzwayo Madise" <sunduzwayo@yahoo.co.uk> wrote:

Ekari

 

The soft copy I have (Nov. 2010) has the following :

 

211. International law

13 of 2001 (1) Any international agreement entered into after the commencement of this Constitution shall form part of the law of the Republic if so provided by an Act of Parliament.

(2) Binding international agreements entered into before the commencement of this Constitution shall continue to bind the Republic unless otherwise provided by an Act of Parliament.

(3) Customary international law, unless inconsistent with this Constitution or an Act of Parliament, shall form part of the law of the Republic

 

Clearly this is not what was quoted as argued by Trev? Kapena yathuyi ndi ya feki?

 

Sunduzwayo Madise, Esq.

 

voluntas in delicitis non exitus spectatur

(In crimes, the intention and not the result is looked to)

 


From: Francis Ekari M'mame <ekarimmame@gmail.com>
To: malawi_lawsociety@googlegroups.com
Sent: Monday, 28 May 2012, 17:29
Subject: Re: Section 211 of the Constitution

 

Trevor

The soft copy of the Laws of Malawi released by the Ministry of Justice in 2010 has the version the court quoted in David Banda case.

........................................................
Francis Ekari M'mame
Lilongwe,
Malawi

"To sin by silence when we should protest makes cowards out of men."
                             - Ella Wheeler Wilcox

On May 28, 2012 4:58 PM, "trevor chimimba" <trevorchimimba@gmail.com> wrote:

Folks,

 

In the David Banda and Chifundo James cases,  the HC and the MSCA quoted section

(1) Any international agreement entered into after the commencement of this Constitution shall form part of the law of the Republic if so provided by or under an Act of Parliament.

 

(2) Binding international agreements entered into before the commencement of this Constitution shall continue to bind the Republic unless otherwise provided by an Act of Parliament.

 

(3) Customary international law, unless inconsistent with this Constitution or an Act of Parliament, shall form part of the law of the Republic.

 

The version of the Constitution that I have subsections 1 and 2 read:

 

     1. Any international agreement ratified by an Act of Parliament shall form part of the law of the Republic if so provided for in the Act of Parliament ratifying the agreement.”

      2. International agreements entered into before the commencement of this Constitution and binding on the Republic shall form part of the law of the Republic, unless Parliament subsequently provides otherwise or the agreement otherwise lapses.

 

Which is the correct version?

 

 

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