03 May 2007 :

in Malawi, the Constitutional Court sitting in Blantyre declared that mandatory death sentences were 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 declare that Section 210 of the Penal Code is invalid to the extent of mandatory death penalty following a murder offence,” said Justice Elton Singini as he read out the unanimous judgement.
“The mandatory death penalty violates an individual’s right that protects one from inhuman treatment or punishment and denies them a right to fair trial and have the sentence reviewed by a higher tribunal,” said Singini.