Progress on the judicial review of discontinuation of cases by the Director of Public Prosecutions (DPP) hangs in the balance following Attorney General (AG) Frank Mbeta’s application for adjournment.
In the case, three senior lawyers, namely Senior Counsel Kamudoni Nyasulu, George Desiderio Liwimbi and Enock Chibwana sued the State for terminating their contracts and subsequent discontinuation of cases they were prosecuting.
High Court of Malawi Judge Anneline Kanthambi had set hearing for today, but Mbeta is seeking adjournment because he is outside the country.
But the trio, which was under Team Linthumbu, has written the court objecting the AG’s request arguing that it was procedurally incompetent.
In a letter dated April 29 2026, Mbeta informed the court that he would be returning to Malawi from a conference in Kigali, Rwanda today, the same day for hearing of the case.
Besides the AG, others sued are Solicitor General and Secretary for Justice and DPP in Judicial Review Case Number 1 of 2026 in the High Court of Malawi Financial Crimes Division.
On the other hand, in a notice of objection dated May 5 2026 and skeleton arguments, Liwimbi said the request is procedurally incompetent, substantively unsupported and legally misconceived.
He said the AG does not explain why the Solicitor General or any other officer within his chambers cannot appear as personal presence of the AG is not legally required.
Submitted Liwimbi: “Section 98(2) Constitution: AG’s powers may be exercised by subordinates. The AG is the fourth defendant, not the primary decision maker. The Solicitor General and DPP [second defendant] are available.
“The AG is implicated in the decisions under challenge [alleged directions to the DPP]. A request to delay judicial scrutiny may raise concerns of conflict of interest and bad faith.”
Yesterday, Nyasulu confirmed that his team will oppose the request in court today while Ministry of Justice and Constitutional Affairs spokesperson Frank Namangale confirmed the AGs letter.
In an interview yesterday, Judiciary spokesperson Ruth Mputeni confirmed that hearing will proceed today.
In court, Kanthambi is expected to hear the trio’s objections to the AG’s request and pronounce direction on whether to proceed without the AG or not.
The three lawyers entered into a consultancy agreement with the Malawi Government on February 1 2024 and were subsequently appointed as public prosecutors.
However, they submit to court that the Solicitor General and Secretary for Justice issued them one-month notice of termination on December 10 2025.
Besides querying the termination of their engagement, they argue that DPP Fostino Maere, then a private practice lawyer, was a defence lawyer against them in some cases and that seeking guidance from the AG to discontinue cases is against the law.
They also want the court to declare that Maere’s decision to act as DPP in cases 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.
Further, Nyasulu, in his skeleton arguments, submits that their team was about to expose K3.143 trillion in illegal budget transfers, unconstitutional CDF “appropriations”, manipulation of the Development Fund, misreporting to the International Monetary Fund and a 12-year pattern of fiscal illegality.
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.
