Court dismisses Kambala bid
The High Court has dismissed an application by former minister of Energy Newton Kambala to stop magistrate court proceedings in the Nocma fuel supply contract case pending a review of the record of proceedings.
In an application filed in the High Court of Malawi Lilongwe registry we have seen, Kambala through lawyer Khumbo Bonzoe Soko wanted the court to decide whether it is desirable in the interest of justice to call for the record for purposes of review and whether to hear the parties on the review.
He argued that Lilongwe chief resident magistrate Patrick Chirwa, who is hearing the case, dismissed his objections on the framed charges, but did not give reasons for his decision.
This compelled him to file an application to the High Court to put aside the proceedings and call for record of the trial in the subordinate court to examine if the rejection of the objections could breach the applicant’s right to a fair trial.
But in its submission, the State, through Anti-Corruption Bureau (ACB) director-general Martha Chizuma, asked the court to disallow Kambala’s prayer.
The State argued that the applicant did not demonstrate how the magistrate’s decision to dismiss his objections would prejudice his rights.
After hearing and reading both the applicant and respondent’s submissions, High Court Judge Chifundo Kachale noted that the applicant failed to demonstrate to the required standard that his fair trial guarantees would be in jeopardy.
He said the applicant did not establish the threshold issues to render his request desirable in the interest of justice to call for the record of proceedings.
Reads the ruling in part: “Therefore, on all these considerations, the present application is dismissed for lack of substance. The proceedings before the lower court may proceed as scheduled without any interference.”
In the case, Kambala, Alliance for Democracy president Enock Chihana and former presidential aide Chris Chaima Banda are accused of trying to influence National Oil Company of Malawi (Nocma) acting chief executive officer Hellen Buluma to abuse her office in the procurement of fuel contrary to the Corrupt Practices Act.
The three were arrested by ACB in August last year and were released on court bail on August 11 2021.
Following their arrests, President Lazarus Chakwera dismissed both Kambala and Chaima from their positions.
