Court frees Chilumpha in treason case

After 17 years of waiting for his fate, former vice-president Cassim Chilumpha yesterday walked to freedom after the High Court of Malawi in Blantyre discharged him unconditionally from his treason case.

High Court judge Ruth Chinangwa has also freed Chilumpha’s co-accused former politician and businessperson Yusuf Matumula due to the State’s inordinate delay in prosecuting the criminal cause Number 13 of 2006.

The former veep, through lawyers from Hawkins Attorneys, asked the High Court on September 22 2023 to discharge all charges levelled against them.

The two were accused of plotting to assassinate former president the Bingu wa Mutharika and were charged with offences of treason contrary to Section 38 of the Penal Code and conspiracy to murder contrary to Section 227 of the Penal Code.

In her ruling dated October 18 2023, Chinangwa argued that the State had showed no willingness to prosecute the matter having remained dormant for over 15 years.

Reads the ruling in part: “Apart from that the State is also asking the court for a further 90 days to, if at all they were, continue prosecuting the matter. It seems that this matter was a forgotten cause for the State.

“If anything it speaks volumes on how the prosecution manages its cases. To say the least this matter has been poorly managed. It is only lawful to have the matter discharged in the circumstances.

“The application to discharge the accused is granted under Section 247(1) of the Criminal Procedure and Evidence Code… Any aggrieved party has the right to appeal within 30 days from the date of pronouncement.”

Chilumpha and Matumula were arrested in May 2006 on allegations that they hired assassins from South Africa to assassinate Bingu and, according to court documents, the case was last heard in January 2008.

Reacting to the news in a telephone interview, Chilumpha expressed relief, saying he had been living a borrowed life since his arrest in May 2006.

He said: “I didn’t know what was happening to the case that’s why I went to the court to seek clarification on the situation and particularly to find out whether the State still believed I committed a crime and, if they still believed so, to find out why they were not proceeding with the case.

“So the court has agreed with me that the case has taken too long and the State has done nothing and the best is to discharge me unconditionally. This means I am a free person with no crime pending against my name which is good news to me.”

However, the former vice president hinted he would be discussing with his lawyer to find the best way of getting his right dues after the “personal injury.”

Said Chilumpha: “I was accused of committing treason, which is a very serious crime and then I kept going to court and police to report for bail with no movement on the case.

“Obviously my life was injured. It was really a traumatic experience to be honest so I discuss with my lawyer whether we can do something about it but if we can’t do anything its okay.”

On his part, State counsel Dzikondianthu Malunda from the office of the Director of Public Prosecutions (DPP) said he would have to consult the DPP Masauko Chamkakala to give direction on how to proceed with the matter.

Chilumpha and Bingu fell out in 2005 after Bingu left the United Democratic Front, a party that sponsored him into power in 2004, to form his Democratic Progressive Party.