High Court moves toreview SA man bail
The High Court of Malawi has moved itself to review the Blantyre Principal Resident Magistrate’s Court’s decision that granted bail to South African businessperson William Bilderberg.
Bilderberg, who is answering three counts furnishing false information, illegal entry into Malawi and false declaration of a Malawian passport, was released on bail on January 25 2024 by principal resident magistrate Godfrey Balaka after spending about 101 days in custody.
When the High Court sitting in Blantyre convened to began the bail ruling review yesterday before High Court judge Anneline Kanthambi, both defence and State lawyers seemed to be surprised with the review as they were not aware who moved the court.
Kanthambi, however, clarified that the court moved itself to review the bail ruling delivered by Balaka to the businessperson.
One of the defence lawyers Shepher Mumba asked the court to give them 21 days before proceeding with the matter arguing that they were just served with the notice of review on Monday.
He said: “We had no time for this hearing so we need more time. It would have been easier if we had specific questions that the court would want to review.”
On its part, the State through chief State advocate Josephine Gwaza asked the court to give direction on the matter at the lower court as the Magistrate’s Court was expected to start a full trial yesterday, but postponed due to the bail ruling review.
However, Kanthambi could not give direction and adjourned the matter to February 27 this month to proceed with the review.
Bilderberg, who was arrested alongside seven other co-accused persons, was released on bail on condition that he paid K5 million cash bond, provided three sureties of K1 million non-cash bond each and surrendered his travel documents.
Balaka also ordered the accused person that he should be reporting to South West Police Region headquarters every Friday.
Bilderberg’s release followed an application by his lawyers arguing that the 101 days he had been in custody was not recommended.
In his oral submission, another Bilderberg’s lawyer Felix Tambulasi said the offence of money laundering which was perceived as the most serious, had been withdrawn by the State and that the remaining three counts are minor.
In her submission, Gwaza did not object to the defence’s application for bail.
The State previously opposed Bilderberg’s bail application on five occasions.
The court rejected Bilderberg’s applications as the State argued that his past record as a fugitive from justice and possession of a South African passport made him a big flight risk.
In the fourth bail ruling dated December 15 2023, chief resident magistrate Chisomo Msokera, who was presiding over the case, rejected the application and condemned the State and Bilderberg’s lawyers for allegedly acting in a manner that “may undermine justice”.
