In 2007, the Malawi High Court abolished the mandatory death penalty for murder and treason in the case of Kafantayeni and Others v. Attorney General . Following this ruling, judges were allowed to consider mitigating factors, such as a person’s prior criminal record, mental illness, drug or alcohol intoxication, age, trauma, and “ sincere belief in witchcraft ” at the time of the crime, when deciding on the sentence for murder and treason....
