Supreme Court throws out Chisale’s prayer

 Malawi Supreme Court of Appeal yesterday dismissed an application by former president Peter Mutharika’s personal bodyguard Norman Chisale to vary an order issued by the High Court that froze some of his assets.

The single Supreme Court judge Charles Mkandawire ruled in favour of Director of Public Prosecutions (DPP) and Attorney General (AG) who urged the court not to entertain Chisale’s application.

The preservation order the High Court issued earlier last year also froze Chisale’s two bank accounts; a situation Chisale’s lawyer Chancy Gondwe said crippled his client financially and he could not afford to pay his lawyers legal fees.

In his application in the Supreme Court, Chisale wanted to access K50 million from the frozen bank accounts to pay for the legal fees and other living expenses. But besides this, there was already an appeal in the Supreme Court on the High Court’s order.

Mkandawire, in his ruling, advised Chisale’s lawyers to concentrate on the appeal already in the Supreme Court. He said the application was misconceived and proceeded to dismiss it.

AG Thabo Chakaka-Nyirenda, who also challenged the variation of the order application before the single Supreme Court judge, is challenging Chisale’s appeal in the Supreme Court.

The preservation order on Chisale’s assets was issued upon application by the DPP and the AG ahead of Chisale’s assets forfeiture case.

Gondwe argued earlier that the application was brought within the law, under Financial Crimes Act, after Justice Mike Tembo of the High Court dismissed an earlier application on November 17 2022.