Supreme Court reserves ruling in Chisale property case

Malawi Supreme Court of Appeal has reserved its ruling in a case where former president Peter Mutharika’s personal bodyguard Norman Chisale wants proceedings in his assets forfeiture case put aside pending determination of a criminal case.

Chisale, represented by lawyer Chancy Gondwe, among others, wants the court to determine whether hearing the K5 billion forfeiture case or preservation order civil proceedings and possession of unexplained property case in criminal proceedings at the same time can prejudice his defence in the criminal matter.

Further, he also wants the Supreme Court to determine whether his right to remain silent and to be presumed innocent until proven guilty is a ground for the offence of possession of unexplained property.

But in his submission before Justice of Appeal Ivy Kamanga yesterday, State lawyer Pirirani Masanjala, representing Director of Public Prosecutions, opposed to the application on the basis that there is nothing shown to prove that Chisale will suffer any prejudice.

Here the judge asked both parties to define prejudice and Attorney General Thabo Chakaka Nyirenda said it was “harm or injury that results or may result from some action or judgement”.

Kamanga adjourned the matter to next Wednesday when she will deliver the ruling on Chisale’s application.

On November 17 2022, High Court of Malawi Judge Mike Tembo dismissed with cost Chisale’s application for stay of the preservation order pending hearing and determination of the criminal proceedings.