The Anti-Corruption Bureau (ACB) has come under f i re for its quest to discontinue corruption proceedings against convicted wildlife trafficker Lin Yun Hua with High Court of Malawi Judge Redson Kapindu dismissing the application in its entirety.
In a judgement delivered in Lilongwe on Monday, the judge stated that the application, pursuant to Section 81(1) of the Criminal Procedure and Evidence Code, was designed to apply to proceedings in subordinate courts and not in the High Court.
Kapindu also pointed out that through the application, the State wanted the court to exercise the power of discontinuance vested in the Director of Public Prosecutions (DPP) through the back door.
He said: “The State has both constitutional and statutory power to terminate the criminal proceedings herein without the leave of this court through the discontinuance procedure, and to thereafter provide and explain the reasons therefore to the Legal Affairs Committee of Parliament as required by the Constitution.”
Further, Kapindu found wanting the ACB’s submission to withdraw the proceedings so that the misconduct of the involved prison officials should be handled administratively, indicating that no prison official is being prosecuted.
He said: “To suggest that the court should authorise that the criminal proceedings against Mr. Lin Yunhua herein be terminated in order to pave the way for administrative measures against witnesses, who are in fact
processes. | Nation
not co-accused persons, and whose alleged misconduct has not been presented as an issue before this court, does not come out as persuasive at all.”
Meanwhile, legal and accountability gurus have hailed the court’s decision, which also comes after the Malawi Law Society (MLS) last week questioned why DPP Fostino Maele had instructed the ACB to withdraw the case instead of subjecting evidence to judicial scrutiny.
Lin is accused of attempting to corrupt prison authorities while on remand at Maula Prison in Lilongwe in 2019. He allegedly offered K30 million and promised to complete construction of a house for a senior prison officer in exchange for assistance in influencing the outcome of his wildlife trafficking trial.
In its application on June 9 2026, the ACB through its chief legal and prosecution of f i cer Peter Sambani said it had received explicit instructions from the DPP; hence, seeking leave to withdraw the proceedings and an order discharging Lin.
Yesterday, private practice lawyer Benedicto Kondowe said while the Constitution empowers the DPP to discontinue cases under Section 99(2) (c), the increasing number of discontinued corruption cases, often amid public questions and limited explanations, requires greater transparency and institutional accountability.
Centre for Social Transparency and Accountability executive director Willy Kambwandira said the ruling is a timely reminder that the fight against corruption cannot be reduced to backroom decisions between the DPP and ACB.
In a statement last week co-signed by MLS president Davis Njobvu and honorary secretary Francis M’mame, the society questioned why the case should be discontinued without the evidence being subjected to judicial scrutiny.
Reacting to the ruling, ACB acting director general Gabriel Chembezi said the bureau has taken note of the ruling.
“As the ACB, we highly respect judicial processes and have taken note of the court’s guidance. We will thoroughly consider the implications of the ruling and evaluate the available options on the way forward,” he said.
Lin, one of the most prominent figures in Malawi’s fight against organised wildlife crime, remains in custody after receiving a presidential pardon last year because he was facing separate corruption-related charges
