Deputy Minister of Homeland Security Norman Chisale is off the hook in the case he was accused of unexplained wealth totalling K5 billion and money laundering.
In Criminal Case number 12 of 2024 before the High Court of Malawi Financial Crimes Division at the Lilongwe Registry, he was charged with possession of unexplained property contrary to Section 32 (2) (b) as read with Section 34 of the Corrupt Practices Act (CPA).
In the discontinuance certificate, Director of Public Prosecutions (DPP) Fostino Maele, who previously represented Chisale in the cement procurement case while in private practice, said he sought guidance from Attorney General (AG) Frank Mbeta on the matter.
Reads the notice: “And whereas the office of the Director of Public Prosecutions, upon noting the apparent interest it has in the criminal proceedings herein due the previous handling of this matter, sought directions from the honourable Attorney General on the further conduct of this matter under Section 101 (2) of the Constitution of the Republic of Malawi;
“And whereas the honourable Attorney General upon considering the specific facts of the matter herein, directed that the matter herein be discontinued against the accused person.”
Consequently, on March 13 2026, Judge Violet Chipao, based on the discontinuance certificate from the DPP under Section 77(1)(b) of the Criminal Procedure and Evidence Code, ordered that the case should be discontinued.
Reads the order: “That this discontinuance does not bar the State from recommencing or indeed bringing new charges against the persons referred to in paragraph [1] above on account of the same facts within six months from the date hereof.
“The Director of Public Prosecutions to furnish the Legal Affairs Committee of the National Assembly with reasons for the discontinuance as required by Section 99[3] of the Constitution within 10 days of this discontinuance.”
In 2021, the State seized 86 motor vehicles and 21 real estate properties that include residential houses and commercial buildings from Chisale and froze bank accounts which held an estimated K1.7 billion.
The certificate of discontinuance dated March 10 2026 shows that Chisale, who has become the latest high-ranking public officer to be cleared in proceedings, being a public officer employed at the Office of the President and Cabinet as director of security services was between June 2014 and June 2020 in control of properties worth K5.439 billion. The properties were spread across Lilongwe, Blantyre, Ntcheu and Mangochi districts and were deemed disproportionate to his known sources of income at the material time.
Yesterday, Chisale’s lawyer Chancy Gondwe said he was yet to get details of the outcome of the matter, but said they expect the assets to be unfrozen.
In a WhatsApp response, he said: “As a general legal principle, when criminal charges are discontinued, seized assets should be unfrozen. The State cannot continue holding property indefinitely without an active criminal case or separate civil forfeiture proceedings.”
Maele referred The Nation to Ministry of Justice and Constitutional Affairs spokesperson Frank Namangale who said the ministry could not speak to the media about the cases before reporting to Parliament.
“We report to Parliament and it will review the decision and make necessary directions,” he said.
In February, Maele also discontinued four cases, namely Criminal Case Number 3 of 2023 involving Minister of Energy and Mining Jean Mathanga and three others; and Criminal Cause Number 2 of 2025 involving Minister of Finance, Economic Planning and Decentralisation Joseph Mwanamvekha and five others.
The other two cases were Criminal Case Number 19 of 2023 involving Henry Mathanga, Dalitso Kabambe and Cliff Kenneth Chiunda, but also Criminal Case Number 3 of 2025 involving Kabambe and Mathanga.
Discontinuance of criminal cases involving high-profile individuals has in recent years drawn mixed reactions with commentators suggesting that politicians and their cronies were being shielded from justice.
Previously, former president Bakili Muluzi also had his case discontinued by the DPP.
In an interview yesterday, University of Malawi (Unima) law professor Garton Kamchedzera said the pattern of discontinuance in this jurisdiction shows that political power has made a mockery of professional and technical judgement on part of certain members of the legal profession.
“One hope is that the case may be brought back within the time specified in the order. The second hope is that a group or an organization with sufficient interest can bring public interest litigation against the DPP,” he said.
National Anti-Corruption Alliance chairperson Michael Kaiyatsa called for reforms of the DPP’s powers to include creating a more transparent and participatory appointment process that involves an independent panel.
Section 77 (a) of the Criminal Procedure and Evidence Code states that after persons have been discharged, such discharge shall not operate as a bar to any subsequent proceedings commenced once within six months of the discharge, on account of the same facts.
