Court resurrects Chilumpha case

 The High Court of Malawi has reinstated the 2006 treason case against former vice-president Cassim Chilumpha which was discontinued earlier this year.

Sitting in Blantyre on Friday, High Court Judge Ruth Chinangwa said the case would proceed because the previous discharge did not prevent further legal action.

She has since set September 16 to 20 2024 as dates when the matter should start.

Reads the ruling: “It is this court’s view that the State needs not file an application to prosecute the matter because a discharge does not operate as a bar to subsequent proceedings on the same facts if carried out within 12 months,

“ The court is aware of the delay of 15 years in prosecuting the matter. The court record will show that the State, defence and the court remained silent during the 15 years.”

The judge acknowledged the silence by all stakeholders as unfortunate, but stressed the importance of upholding the law as prescribed in Section 247(1) of the Criminal Procedure and Evidence Code (Cpec).

Chilumpha, along with co-accused Yusuf Matumula, faces charges bordering on a plot to assassinate former president Bingu wa Mutharika. The charges include treason and conspiracy to murder.

Earlier this year, the High Court discharged Chilumpha from criminal prosecution under Section 247(1) of the Cpec.

However, the State later applied for restoration of the matter and submitted that a discharge does not bar subsequent prosecution commenced within 12 months.

But the defence argued that the 15-year prosecutorial delay jeopardised Chilumpha’s right to a fair trial.

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

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

She said: “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 the prosecution of its cases. To say the least, this matter has been poorly managed. It is only lawful to have the matter discharged in the circumstances.”

C h i l u m p h a a n d Matumula were arrested in May 2006 for allegedly hiring assassins from South Africa to assassinate Bingu.

Court records show that the case was last heard in January 2008.

The former vice-president and Bingu fell out in 2005 after Bingu dumped the United Democratic Front, a party that sponsored his presidential ticket in the 2004 General Elections, to form the Democratic Progressive Party.