The High Court of Malawi has set June 1 this year to determine whether Senior Chief Malemia of Zomba should be released on bail and decide on a DNA test on the alleged aborted pregnancy of a girl he is accused of defiling.
On April 21 2026, senior resident magistrate Elijah Daniels objected to bail application and request to conduct DNA test on two cases the chief was found to answer, namely having sexual intercourse with a minor and procuring of abortion.
court. | Holyce Kholowa
The objection prompted the chief’s lawyer Patrick Debwe to appeal to the High Court for review.
In his submission on Monday, Debwe told the High Court in Zomba that Malemia deserves to be released on bail, saying it his constitutional right as well as conduct the DNA test.
“Malemia needs bail as he awaits commencement of defence hearing,” he said.
However, the State, through senior State advocate Naurai Longwe and principal State advocate Abdul Limbe opposed the accused’s application for bail.
Longwe contended that the matter in the senior resident magistrate’s court had already reached defence stage, the prosecution having closed its case and the accused having been found to have a case to answer on serious charges involving sexual offences against a minor and allegations relating to abortion procurement.
With regard to DNA testing, the State referred to the accused’s application seeking review of the lower court’s decision refusing such an order.
Longwe highlighted that the request for DNA testing does not alter or resolve the central issue before the trial court, namely the allegation of sexual penetration.
Presiding Judge Texious Masoamphambe adjourned the matter and set June 1 for rulings
