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Malawi’s Historic Defamation Ruling: A Test of Responsibility

  By Dr. Greenwell Matchaya, LLB, PhD 17 July 2025   In a major advance for democratic governance and constitutionalism, the High Court of Malawi , sitting as a Constitutional Court , has delivered a landmark ruling striking down Section 200 of the Penal Code , which criminalised defamation. The unanimous judgment , delivered in July 2025 by Justices Chifundo Kachale, Fiona Mwale, and Mzondi Mvula , affirms that the criminalisation of defamation unjustifiably infringes the right to freedom of expression as protected under Section 35 of the Constitution. Importantly, this judgment should not be misread as a dismissal of the importance of dignity and reputation in society. Rather, it is a reaffirmation of constitutional values , chief among them, the right of all citizens to participate in open, informed, and critical public dialogue without fear of criminal sanction. A Legal Milestone: Malawi’s Evolving Defamation Landscape The case was brought by political comme...