Director of Public Prosecutions (DPP) Fostino Maere is facing fresh pressure to recuse himself from all decisions linked to corruption charges against convicted Chinese wildlife trafficker Lin Yun Hua because he previously served as his lawyer.
Briefing the media in Lilongwe yesterday, Civil Society Network on Climate Change executive director Julius Ngoma, speaking on behalf of a coalition of 11 civil society organisations (CSOs), said the fact that prior to his appointment as DPP last November, Maere served as Lin’s legal counsel compromises his decision-making on the issue.
He said: “Although he [Maere] formally ceased acting for Lin Yun Hua after assuming public office, the circumstances raise legitimate concerns about a possible conflict of interest.
“We are, therefore, calling on the DPP to recuse himself from all decision-making relating to this case in order to preserve public confidence in the integrity of the prosecution.”
Ngoma said if Maere as the DPP wants to discontinue the case through the constitutional process requiring submission of reasons to Parliament’s Legal Affairs Committee, the CSOs will engage the committee to promote transparency and accountability.
Taking her turn, Indigenous Conservation of Nature executive director Zilanie Gondwe said the High Court of Malawi’s decision on Monday stopping discontinuance of Lin’s case lends weight to public confidence in the justice system and underscores the Judiciary’s role in safeguarding accountability.
She said Lin, who was among the 37 prisoners pardoned during Malawi’s 61st Independence Anniversary celebrations on July 6 2025, later faced separate corruption charges brought by the ACB over alleged corrupt practices involving a public officer.
Said Gondwe: “The High Court found that the application to discontinue the case was an abuse of court process and an unnecessary waste of judicial time and public resources.”
Movement for Environmental Action representative Mathews Malata said Malawi has earned international recognition for strengthening its response to wildlife crime, warning that actions perceived to undermine accountability could damage confidence in the country’s justice system.
Meanwhile, Legal Affairs Committee of Parliament chairperson Gilbert Khonyongwa said in an interview yesterday that they have already engaged the DPP over recent discontinuance of criminal cases.
He said the DPP had provided reasons for the decisions, after which the committee prepared a report to be tabled in Parliament.
Khonyongwa, who is also a private practice lawyer, said: “As the report has not yet been tabled before Parliament, it would be inappropriate for me to pre-empt its contents or comment on whether there is need for legal or constitutional review of the DPP’s powers at this stage.”
He said while the Constitution grants the DPP powers to institute, undertake and discontinue criminal proceedings to safeguard prosecutorial independence, those powers must be exercised within the confines of the Constitution and the law.
When contacted for his reaction to the CSOs call, Maere yesterday referred The Nation to Ministry of Justice and Constitutional Affairs spokesperson Frank Namangale who acknowledged receipt of our questionnaire, but had not responded by press time at 9pm.
However, in an interview in May this year, Maere said that where he has an apparent conflict of interest, he delegates decision-making to senior officers in his office.
Lin is facing corruption charges over allegations that while on remand at Maula Prison in Lilongwe in 2019, he attempted to bribe prison officials handling his case.
The ACB sought to discontinue the case, saying it was acting on instructions from Maere.
But in a judgement delivered on Monday this week, High Court Judge Redson Kapindu dismissed the ACB’s application, describing it as an abuse of court process and an unnecessary use of judicial time.
The judge also found wanting the ACB’s submission to withdraw the proceedings so that the misconduct of the involved prison officials should be handled administratively, indicating that no prison official is being prosecuted.
In its application on June 9 2026, the ACB through its chief legal and prosecution officer Peter Sambani said it had received explicit instructions from the DPP; hence, seeking leave to withdraw the proceedings and an order discharging Lin.
Lin, one of the most prominent figures in Malawi’s fight against organised wildlife crime, remains in custody because he was facing separate corruption-related charges.
In the 2019 case at Maula, he allegedly offered K30 million and promised to complete construction of a house for a senior prison officer in exchange for assistance in influencing the outcome of his wildlife trafficking trial.
