The Malawi Supreme Court of Appeal on Monday granted a stay pending appeal to an application of appeal against conviction and sentence to former Malawi Defence Force (MDF) soldier Macdonald Kumwembe.
Kumwembe, who is answering charges of conspiracy to commit murder and attempted murder alongside his colleague Pika Manondo, made an application to the Supreme Court on September 22 after being dissatisfied with a four-month imprisonment with hard labour (IHL) conviction for contempt of court made against him by High Court Judge Michael Mtambo.
In his ruling, Supreme Court Judge Lovemore Chikopa said the court did not consider attaching some conditions to the stay.
He said the court is, however, reminded that the applicant is on bail in the proceedings before Mtambo.
On another note, the court has also provided guidance as sought by Director of Public Prosecutions (DPP) Mary Kachale on whether former minister of Justice and Constitutional Affairs Raphael Kasambara can represent Kumwembe.
The court has said it thinks the matter of Kasambara’s apperance in the court should not be an issue as he is not the applicant’s co-accused in the appeal.
According to the Supreme Court, the matter of whether Kasambara should continue to represent Kumwembe should have been put before the Malawi Law Society (MLS) as the regulatory body or the Attorney General (AG) as the head of the bar.