The Lilongwe Magistrate’s Court has temporarily stopped police from searching the residence of former president Lazarus Chakwera allegedly for dogs belonging to the government.
The order was issued yesterday after Chakwera’s lawyer, George Jivason Kadzipatike, argued that the State misled the court to obtain the search warrant.
The warrant was in relation to the four missing dogs—one Dutch Shepherd and three Malinois.
In an interview last evening, Kadzipatike confirmed the development, saying: “I can confirm that the court has granted a stay order on the search warrant pending the determination of our application to completely vacate the warrant. What it means is that the warrant is no longer in force.”
The case was heard by magistrate Robert Botha, the same judicial officer who had initially issued the warrant last week.
According to an affidavit filed by Kadzipatike which we have seen, police officers, led by a Mr. Nkhoma, arrived at Chakwera’s Area 10 private residence on November 25 without prior notice.
The affidavit states that the officers initially said they were looking for four German Shepherds, but changed their story when told there were no such dogs on the premises.
The lawyer also argued that the description of the dogs on the warrant was different from the breeds mentioned in the charge sheet, which he said showed confusion on the part of the State.
The affidavit further states that as a former head of State, Chakwera is entitled to State-provided and private security. It argued that the “removal of any part of the security detail… will compromise the security of the former head of State,”.
Kadzipatike also disclosed that he presented a fresh bail application for the primary suspect in the case, Godfrey Jalalé. The court is expected to deliver its ruling on bail today.
The State was represented by counsel Zuze Prescott Mwayiulipo, Charles Panyani and police prosecutor Cecelia Zangazanga. They were all not available for comment.
Jalale pleaded not guilty to the charge of theft of four German Shepherds worth K4 million from Kamuzu Palace in Lilongwe during the transition.
Police last Friday arrested Jalale, who served as State Residences deputy chief of staff during Chakwera’s tenure.
