Former president Peter Mutharika’s personal bodyguard Norman Chisale has asked the High Court of Malawi to dismiss an application by the State to forfeit his assets, citing several technical flaws.
Making an oral submission before High Court Judge Anneline Kanthambi in Blantyre yesterday, Chisale, through his lawyer Chancy Gondwe, argued that in 2022 Justice of Appeal Ivy Kamanga referred the same proceedings to the Chief Justice for certification to the Constitutional Court.
Thus, he said the matter should have been stayed automatically, pending the decision of the Constitutional Court.
Gondwe also said Kamanga’s oral ruling contradicted the perfected written one and that the defence filed an application asking her to correct the error, but the court was yet to address the matter.
He said: “This court can only proceed when the matter has been dealt with by Justice Ivy Kamanga or the Constitutional Court. The application is irregular and incompetent.”
Gondwe also submitted that the State’s application for a forfeiture order was intended to oppress and vex his client.
However, Gondwe’s assertion that the State was merely intent to oppress and vex his client drew an objection from chief State advocate Pirirani Masanjala who challenged the defence to produce evidence to that effect.
In her ruling, Kanthambi agreed with the State and ordered Gondwe to withdraw the statement.
“This is a court of record and saying the proceedings are intended to oppress the defendant is not only unfair, but also unethical. So withdraw your statement,” she ordered.
Responding to the defence’s preliminary objection, Masanjala said the State was convinced that the defence made the application to delay the case.
Kanthambi has reserved her ruling to November 20 2024.
In December 2022, the Supreme Court dismissed his application to put aside proceedings in his assets forfeiture case pending determination on the criminal proceedings, his application for certification to the Constitutional Court.
