The High Court of Malawi has thrown out a bid by former president Peter Mutharika’s personal bodyguard Norman Chisale challenge of the State’s application to forfeit his assets valued at about K5 billion.
Through his lawyer Chancy Gondwe, Chisale argued that in 2022 Justice of Appeal Ivy Kamanga referred the same proceedings to the Chief Justice for certification to the Constitutional Court and that the matter should have been automatically pended awaiting the decision of the Constitutional Court.
But delivering her ruling in Blantyre yesterday, Judge Anneline Kanthambi said that there was no legal impediment preventing the court from hearing the State’s application for asset forfeiture.
She emphasised that the application was in line with the law and could proceed as planned.
But soon after Kanthambi’s ruling, Gondwe made two applications, first for leave to appeal the decision in the Malawi Supreme Court of Appeal and second for the proceedings to be stayed pending the outcome of the appeal.
In its response, the State through Directorate of Public Prosecutions chief State advocate Pirirani Masanjala and senior State advocate in the Attorney General’s chamber Innocent Chirwa objected to both applications arguing that Chisale, who was not present in court, wanted to delay the matter.
Masanjala submitted that since the matter started in 2021, Chisale, the first defendant in the matter, has made two similar applications at the Malawi Supreme Court of Malawi which did not succeed.
On his part, Chirwa questioned Gondwe’s conduct of making such applications, wondering if the lawyer consults his client.
In her ruling, Kanthambi dismissed both applications for leave to appeal and staying the proceeding, pending the determination of the Supreme Court.
She said: “It is very weird for the first defendant to appeal now because the preliminary applications have been dismissed. It is premature in my view since there is no appreciation from the entire statement [perfected ruling]. This court will also not grant the prayer to stay.”
Kanthambi has since set December 17 and 18 2024 to hear the State’s application for forfeiture of Chisale’s assets.
In February 2021, the office of the DPP through the Assets Forfeiture Unit, the Financial Intelligence Authority, Anti-Corruption Bureau and Malawi Police Service Fiscal and Fraud Department and other law enforcement agencies applied for the seizure order.
Chisale is accused by State agencies of acquiring billions of kwacha worth of assets illegally.
The seized properties comprise 86 motor vehicles and 21 real estate properties, including residential houses and commercial buildings.
