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Chilumpha case to cost K30m weekly

The High Court of Malawi has projected that the treason case involving former vice-president Cassim Chilumpha will cost the Judiciary about K30 million per week to hear the matter.

Presiding judge Ruth Chinangwa made the estimates yesterday when the court convened to continue hearing the case.

She said since the matter will be heard as an old one, picking up from where it was left in 2013, the court will need to engage jurors as was the case in the previous proceedings.

Chilumpha (C) and Kaphale (R) coming from court

Said Chinangwa: “The last time we involved the jurors, it was costing the court an estimated K30 million per week. So, to engage them again, court will need an estimate of K30 million or more.

“I will ask the management to make the funds available for the jurors, otherwise we cannot proceed with the matter without the jury.”

The K30 million estimates followed an oral submission by Chilumpha’s lawyer Kalekeni Kaphale who inquired whether the matter was new following the discontinuance of the case last October before it was reinstated in June this year.

Kaphale, a former Attorney General, further notified the court of his client’s intention to write the Chief Justice on whether to certify the matter as constitutional.

Among others, Chilumpha argues that the recommencement of the trial is in breach of his constitutional right to trial within a reasonable time and wants the court to discontinue the case again.

On the other hand, lawyer Gift Mwakhwawa, who is representing Chilumpha’s co-accused businessperson-cum-politician Yusuf Matumula, supported Kaphale’s intention to take the matter to the Chief Justice.

But the State through State Advocate Chambers director of criminal and litigation Josephine Gwaza opposed the accused person’s prayer to have their case discontinued.

She argued that the accused persons have not raised any factual issues with supporting evidence of their submission and that discharging them would be going in circles and delay the conclusion on the matter.

Upon hearing both parties, Chinangwa adjourned the matter to October 16 2024 when the court will hear an application on whether Chief Justice will certify the matter as constitutional.

Last October, after 17 years of waiting for his fate, the court discharged Chilumpha unconditionally from his treason case.

Chilumpha, who is answering charges along with Matumula, were arrested in May 2006 and faces charges bordering on a plot to assassinate former president Bingu wa Mutharika. 

The charges include treason and conspiracy to murder.

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