Supreme Court rebuffs Uladi

Malawi Supreme Court of Appeal has dismissed convicted former Minister of Homeland Security Uladi Mussa’s application for bail pending hearing and determination of his appeal in the abuse of office case.

In his application, Mussa through lawyer Chancy Gondwe cited the possibility of his appeal succeeding and delays in processing the appeal due to lack of a court quoram, as factors to justify his application.

But in his ruling in Blantyre on Friday, Justice of Appeal Lovemore Chikopa noted that the application did not show what interest of justice would be served if he was granted bail pending appeal.

He said the court looked into Mussa’s file and found that it was clear that he needs to do some more work before the appeal is ready for hearing.

The judge said: “To that extent we would think that the sufficiency or otherwise of judges in this court is perhaps an irrelevance. The application for bail pending appeal is therefore not granted.

“When we talk of instances where bail pending appeal has been granted we are really talking of cases where the applicants were able to show to the satisfaction of the court that it was in the interests of justice that the convicts be admitted to bail pending appeal,” adds the ruling.”

In the application, Mussa further argued that he has all along the trial been compliant of the bail conditions and is a citizen of substantial standing in the society.

But Anti-Corruption Bureau director of legal and prosecution Chrispin Khunga objected Mussa’s grounds of appeal, saying they do not disclose anything untenable that would make a court grant him bail pending appeal.

Mussa was in 2020 sentenced to five years imprisonment alongside former regional immigration officer David Kwanjana and businessperson Peter Katasya.

In the appeal, Mussa and his co-convicts argue that High Court Judge Chifundo Kachale erred in finding them with a case to answer when there was no sufficient evidence to prove the case of neglect of duty or abuse of office.

Mussa and Kwanjana were each handed prison sentences of 12 months for neglecting public duties and five years for abuse of public office.