Judge chides AG in Chilima case

Justice Redson Kapindu yesterday adjourned the corruption case against Vice-President Saulos Chilima with a lot of reservations on the Attorney General (AG) Thabo Chakaka Nyirenda’s conduct on the matter.

The AG was expected to appear before the judge in chamber on behalf of the Malawi Defence Force (MDF) to explain why the military was unable to make available some documents that the defence demanded to include as part of disclosures for the case.

Hearing could not take place because Nyirenda was preoccupied with other business and sought adjournment.

But in his ruling, Kapindu said the hearing did not have to fail on account of the AG’s absence, as this was not a call to the AG as a person but the office.

The AG’s office was represented by Nevas Chisiza, who sought an adjournment on account of Nyirenda’s engagement elsewhere, but Kapindu did not agree with this position.

The Judge said the summon was not on Chakaka as a person but his office which should have delegated any of the lawyers in the AG chambers.

He cited case law which allows the AG office to be represented by any other officer apart from the AG.

Reads part of the ruling: “When the court requires the representations of the Attorney General, or that the Attorney General should appear before the court on a particular issue, it is well known in legal circles that that does not entail that the Attorney General must personally appear, unless the court specifies that the personal attendance of the Attorney General is required.

“When making a decision on personal appearance, the Attorney General should consider matters of the impartiality of his or her office. It should be borne in mind that as Principal Legal Adviser to the government, the Attorney General is responsible for providing impartial legal advice to the whole establishment of the government, including the Executive, the Judiciary and the Legislature.”

Kapindu said he had allowed the adjournment on account of the fact that the State needs more time to prepare a response on their position not to release the sought information.

He stated: “This reason, to this court, is a more pressing and satisfactory one for seeking the indulgence of this court to grant an adjournment than the issue of personal appearance by the Attorney General, when all the circumstances of this specific matter are considered. The Attorney General’s office does need more time to prepare the brief and other documents on behalf of the MDF.

“In addition, the other parties might also wish to respond to the issues to be raised in the Attorney General’s brief to the court. It is upon this reason that the court grants the adjournment sought by the Attorney General.”

The Judge further ordered that the AG should accordingly, file their brief on behalf of the MDF and any other relevant documents such as affidavits to the court, and serve them on the parties by close of business on Tuesday, October 24, 2023.

“Should any party wish to respond to the Attorney General’s brief or other documents filed and served, the response or responses should be filed with the court and served on the other parties no later than Friday, the 27thday of October, 2023,” reads the nine-paged ruling delivered an hour after the hearing of the adjournment case in chamber.

The matter has since been adjourned to Tuesday, October 31 2023, at 10 am and will be heard in chambers and in camera. The Judge is expected to decide the way forward.

Defence lawyers are demanding defence council minutes which, allegedly, authorised MDF to enter into contract with Zunneth Sattar’s firms to supply military equipment.

ACB submitted to the court that it had difficulties obtaining these documents from MDF, following which Kapindu asked the MDF, through the AG, to appear before him to justify their position.

Chilima is accused of allegedly demanding and receiving an unspecified amount of money from Sattar to influence the award of contracts to Sattar.

At first, the ACB indicted that Chilima recieved $280 000 from Sattar for this deal, only to change charges almost 10 months after his arrest.