Former president Peter Mutharika’s personal bodyguard Norman Chisale has challenged the High Court of Malawi’s decision to bar him from defending himself in a case where the State wants to forfeit his assets.
The application follows the court’s determination on Wednesday that found that Chisale did not file his defence of the State’s application for the forfeiture of assets belonging to him and five others.
In a judgement delivered virtually on Wednesday, High Court Judge Anneline Kanthambi said the court will only hear one defendant, Janet Kamanga, who filed submission in response to the State’s initial application for asset forfeiture.
But lawyer Chancy Gondwe, representing Chisale, in an application for an order to refer the proceedings to the Chief Justice for certification as a constitutional matter, submitted that proceeding with hearing of his client’s forfeiture case without his defence is a violation of his constitutional right to a fair administrative action.
In the initial application, the State through the office of the Directorate of Public Prosecutions (DPP) asked the High Court to enter judgement without trial in the case.
Speaking in an interview yesterday, DPP Masauko Chamkakala said they were waiting for the final order of the court on the way forward.
He said: “At least now we can say that there is some tangible progress as this case started way back in 2021.”
Chisale and Kamanga are being charged along with Debora Chisale, Esthart Guga, Christina Mvula and a person only identified as Chimwemwe of Namauya Investment in court documents.
Three weeks ago the State sought a summary judgement on the grounds that Chisale and the other defendants failed to file a response since the State applied for a seizure order against Chisale’s assets in 2021 after obtaining a preservation order.
