Six prominent figures, including Minister of Finance, Economic Planning and Decentralisation Joseph Mwanamvekha have joined a case in which three senior lawyers are challenging the State on contracts and subsequent discontinuation of criminal cases.
Besides Mwanamvekha, the others are Secretary to the Treasury Cliff Chiunda, Reserve Bank of Malawi (RBM) Deputy Governor for Economic Services Henry Mathanga and UTM Party president Dalitso Kabambe, all represented by Senior Counsel (SC) Kalekeni Kaphale.
The list also includes former Chief Secretary to the Government Lloyd Muhara who is represented by Chancy Gondwe and business mogul Leston Mulli represented by Lusungu Gondwe.
In an interview on Friday, Judiciary spokesperson Ruth Mputeni said High Court of Malawi Judge Anneline Kanthambi allowed their application to join the matter.
“The matter has been adjourned to 11th June for hearing of the application for permission to commence judicial review proceedings [it will be heard via Zoom],” she said.
Three senior lawyers, namely Kamudoni Nyasulu, SC, George Liwimbi and Enock Chibwana were engaged under Team Linthumbu to provide visibility in the prosecution of high-profile cases in a timely manner to improve public confidence in the fight against corruption and fraud.
The trio has since sued Solicitor General and Secretary for Justice, Director of Public Prosecutions (DPP) Fostino Maere and Attorney General (AG) Frank Mbeta as first, second, third and fourth defendants, respectively in Judicial Review Case Number 1 of 2026, before the High Court of Malawi Financial Crimes Division.
When the court convened on Friday, Kanthambi was expected to hear objections from the applicants, notably the three senior lawyers, on Mbeta’s application to shift the hearing date because he was not available on the day. However, the applications from the affected persons made it impossible for the objections to be heard.
In an interview yesterday, Nyasulu confirmed that their objection was not heard because of the new developments, further confirming that all applications for affected parties were admitted.
He said: “They have all been admitted and we shall serve them the case bundle for them to respond. The matter was adjourned to 11 June 2026. Exactly the same teams of lawyers, except now the government and the accused persons are on the same side—the defence.
“There are a lot of public and private resources poured into defending what the claimants assert are illegal discontinuances.”
Concerns, particulars of cases
The six beneficiaries of the case discontinuance submitted in three separate affidavits that they are directly affected by the judicial review proceeding or its aftermath should it end up in favour of the applicants because they may then be exposed to continued prosecution.
Kaphale, SC, said between 2020 and 2025, the DPP brought against his clients a number of criminal cases and they were being prosecuted by a consortium of lawyers comprising the applicants on behalf of the DPP.
He said all the cases were withdrawn or discontinued following a change of personnel in the offices of DPP and AG after the September 16 2025 General Election.
Said Kaphale: “I gather the present judicial review proceedings are seeking to question the discontinuance or withdrawal of the criminal cases against my clients and also questioning the termination of the contractual engagement of the applicants as public prosecutors.
“My clients are, therefore, directly affected by the judicial review proceeding or its aftermath should it end up in favour of the applicants as they may then be exposed to continued prosecution.”
In Criminal Case No. 7 of 2024 The Republic vs. Leston Ted Mulli, Lloyd Muhara and Cliff Kenneth Chiunda, the trio was charged with conspiracy to use public office for advantage, conspiracy to evade liability and causing loss and damage by fraudulent means, all related to Malawi Savings Bank (MSB), which was wholly-owned by the Malawi Government.
Muhara was part of Criminal Case No. 4 of 2025, The State VS Shirieesh Betgiri, Joseph Mwanamvekha, Lloyd Muhara, Cliff Kenneth Chiunda and Collins Magalasi, in which they were charged with eight counts related to Salima Sugar Company, including conspiracy to use public office for advantage.
Others are-Criminal Case No. 1 of 2025: Republic vs. Henry Mathanga, Dalitso Kabambe, Leston Ted Mulli, Felton Mulli, Joseph Khupe, Mulli Brothers Limited and Web Commercials Limited.
Criminal Case No. 19 of 2023 – Republic vs. Henry Mathanga, Dalitso Kabambe, Samuel Chilembwe Malitoni, and Cliff Kenneth Chiunda; Criminal Case No. 1 of 2025 – Republic vs. Henry Mathanga, Dalitso Kabambe, Leston Ted Mulli, Leonard Kandoje, Joseph Khupe, Felton Mulli, Mulli Brothers Limited and Webb Commercial Limited; Criminal Case No. 2 of 2025 – Republic vs. Dalitso Kabambe, Henry Mathanga, Samuel Chilembwe Malitoni, Elvis Thodi, Cliff Kenneth Chiunda and Joseph Mwanamvekha and Criminal Case No. 3 of 2025 – Republic vs. Dalitso Kabambe and Henry Mathanga.
The applicants’ main case
Apart from querying the termination of their engagement, the three senior lawyers argue that Maere, then a private practice lawyer, was a defence lawyer against them in some cases cited above and that his decision to seek guidance from the AG to discontinue the cases is against the law.
They also want the court to declare that Maere’s decision to act as DPP in cases in which he is disqualified as a legal practitioner is unlawful, unreasonable, biased and ultra vires the code of ethics under the Legal Education and Legal Practitioners Act.
The trio further argue that by seeking guidance from the AG and acting on his advice, the DPP violated Section 101(2)’s independence requirement and Section 99(3)’s exclusivity clause.
If permission to apply for Judicial review is granted, they seek an order that the impugned decisions of the defendants be stayed pending the determination of the hearing of the application for judicial review or further order.
