Chilima seeks relief on bail conditions

The High Court of Malawi has reserved its ruling on an application by Vice-President Saulos Chilima to vary some of his bail conditions imposed in connection with his corruption case.

The Vice-President, who is facing corruption charges in relation to United Kingdom-based Malawian businessperson Zuneth Sattar, appeared before the court in Lilongwe yesterday for hearing of the application for variation of bail conditions.

Dressed in a dark blue suit and blue shirt, Chilima entered the courtroom at exactly 9.50am for the case which was scheduled to start at 10am.

Making the application, his lawyer Khumbo Soko said one of the conditions is the need to report to the Anti-Corruption Bureau (ACB) once every three months and the others are surrendering of travel documents to the court and seeking approval of the court before travelling outside the country.

The lawyer argued: “The bail conditions do not serve any purpose.”

Soko told the court that on reporting to the ACB, Chilima goes to the ACB offices where he is met by a receptionist who simply looks at the bail.

He, therefore, wondered what purpose that serves.

On surrendering travel documents and reporting to the court before travelling, Soko said the Vice-President’s travels are a matter of public knowledge.

He said: “The Vice-President seeks approval from the President when travelling and he is surrounded by security officers, which guarantees his availability.”

Soko’s arguments ignited curiosity from presiding Judge Redson Kapindu who asked if the Vice-President would not request the security around him for privacy.

In response, another lawyer representing Chilima, former Attorney General Kalekeni Kaphale, said the security staff (police) report to the Inspector General (IG) and that the police would report the matter to the IG if such a request were made.

The judge further wondered if the police would defy the Vice-President’s request for privacy.

But Soko argued that the police are not supposed to follow unlawful orders while Kaphale said the Vice-President cannot ask for privacy for three months.

The prosecuting team, however, objected to the application for variation of bail conditions.

ACB lawyer Chrispin Khunga said the condition on reporting to ACB is reasonable.

He compared the variation application to bail conditions that were given to former vice-president Cassim Chilumpha in his treason case.

Khunga argued that Chilumpha, while serving in the same Office of the Vice-President, was ordered to inform the regional commissioner of police (South) when travelling outside Blantyre and to report to the police station once every week, among other conditions.

The ACB stand on the Vice-President’s ability made the judge to wonder if ACB cannot rely on the police.

Khunga said in the case of Chilumpha, it was hard for police to monitor his movements despite being surrounded by security officers.

He added that Chilima’s charges are serious as they attract a maximum of 12 years imprisonment.

Khunga also wondered why the application was being made when there has been no change of circumstances since the conditions were set in November 2022. He said if the accused was not satisfied with the conditions, he ought to have appealed.

Following the arguments by ACB, Kapindu raised a legal argument on whether a person holding the position of Vice-President would make an application for variation of bail conditions in the event that they became President.

In response, another ACB lawyer Imran Saidi said the President would apply for variation of bail conditions and it is the discretion of the court to decide on the matter.

Continuing with his submissions, Khunga said ACB’s stand is that the bail conditions should be maintained.

In response, Kaphale accused ACB of misplacing elements of interest of justice, arguing the bureau’s not knowing the availability of the accused is not about interest of justice, but rather what is in the interest of justice is the accused attending court.

Kapindu said both parties had made good arguments that will help in his determination of on the application for variation of conditions.

He reserved the ruling to August 1 2023, the date he earlier set for plea and directions.

During the hearing, the court also ruled on an application by Zodiak Broadcasting Station (ZBS) to cover the proceedings live.

Chilima was arrested on November 25 2022 for allegedly receiving a $280 000 bribe from Sattar to secure government contracts.

He was released on bail on the same day. The bail conditions included a K1 million bond, reporting to the ACB every three months, surrendering travel documents to court and seeking court approval when traveling outside the country.