The Office of the Director of Public Prosecutions has filed a notice of appeal to the Malawi Supreme Court of Appeal (MSCA) in a case former vice-president Cassim Chilumpha is accused of treason.
Chilumpha, alongside his co-accused Yusuf Matumula, were accused of plotting to assassinate former president Bingu wa Mutharika and were charged with offences of treason contrary to Section 38 of the Penal Code and conspiracy to murder contrary to Section 227 of the Penal Code.
In October this year, after 17 years of waiting for his fate, the High Court of Malawi in Blantyre discharged Chilumpha unconditionally from his treason case, a decision which the DPP’s office is appealing.
Reads the notice: “I, Josephine Gwaza of State Advocate Chambers, Blantyre, the Prosecutor in the above case, and being desirous of appealing against the decision of Chinangwa J, in the Republic vs Rt Hon. Dr Cassim Chilumpha SC and Yusuf Matumula Criminal Cause No. 13 of 2006 [Principal Registry] under Section 11 [3] of Supreme Court of Appeal Act.
“Do hereby give notice of appeal, on the following grounds: The court below erred in law by misapplying the law to the facts.
“The court erred below in law in failing to adequately consider that the delay in prosecuting the matter was not occasioned by the State.”
In an interview on Sunday, DPP Masauko Chamkakala confirmed the intent to appeal in his brief response on Sunday.
In October, High Court judge Ruth Chinangwa also freed Chilumpha’s co-accused former politician and businessperson Yusuf Matumula due to the State’s inordinate delay in prosecuting his case, Criminal Cause Number 13 of 2006.
Chilumpha, through lawyers from Hawkins Attorneys, asked the High Court on September 22 2023 to discharge all charges levelled against them.
In her ruling dated October 18 2023, Chinangwa argued that the State had shown no willingness to prosecute the matter having remained dormant for over 15 years.
Chilumpha and Matumula were arrested in May 2006 on allegations that they hired assassins from South Africa to assassinate Bingu and, according to court documents; the case was last heard in January 2008.
The former Veep and Bingu fell out in 2005 after Bingu left the United Democratic Front, a party that sponsored him into power in 2004, to form his Democratic Progressive Party.
