Former vice-president Cassim Chilumpha yesterday got his wish as the Constitutional Court backed his bid to be heard on application for permanent stay of proceedings and discharge of his treason case.
In its ruling on the State’s application to dismiss Chilumpha’s application, a three-judge panel of the High Court of Malawi sitting as the Constitutional Court in Blantyre directed Chilumpha to file a fresh application, sworn statement and skeleton argument by May 30 2025 and serve both the Director of Public Prosecutions (DPP) and the Attorney General (AG) on the same day.
Chilumpha. | Nation
“The respondent to file response by 13th June, 2025. Applicant to file a trial bundle by 20th June 2025. The virtual conferencing on 23rd June 2025 and trial from 1st to 4th July 2025,” said Judge Justus Kishindo who read the judgement on behalf of his colleagues Charlotte Malonda and Bruno Kalemba.
In its application, the State through senior State advocate Bernard Mbalati argued that Chilumpha did not comply with the court order to serve the respondents—the DPP and the AG—all relevant documents by April 30 2025. The documents include sworn statements, skeleton arguments, list of authority and bundle of authority with the relevant parts highlighted.
He said Chilumpha only served them with an application on May 6 2025 contrary to the court order and asked the court to dismiss Chilumpha’s application for permanent stay and the discharge of his case.
In the initial application for permanent stay and discharge, Chilumpha, among others, argued that the recommencement of the trial is the breach of his constitutional right to trial within a reasonable time.
He also argued that continuing prosecuting him will put him in a disadvantaged position as two police officers who were supposed to be his key witnesses died.
The former vice president further argued that with the passage of time, his memory and relocation of events is not sharp as he was in 2006 or 2013 and that he will not be able to recall all the fine details to defend the matter.
Last month, the Constitutional Court gave directions on how the matter would proceed. The full hearing was expected to start from June 17 to 19 2025.
Chilumpha and businessperson Yusuf Matumula were arrested in May 2006 and faced charges bordering on a plot to assassinate former president Bingu wa Mutharika. The charges include treason and conspiracy to murder.
But in October 2023, the High Court discharged Chilumpha from criminal prosecution under Section 247(1) of the Criminal Procedure and Evidence Code.
However in June last year, High Court reinstated the 2006 treason case on grounds that the previous discharge did not prevent further legal action.
