Supreme Court to interpret Uladi’s pardon
The Malawi Supreme Court of Appeal has moved itself to interpret the decision by President Lazarus Chakwera to pardon former Cabinet minister Uladi Mussa who was serving a sentence for abuse of office.
In an notice dated April 25 2023 signed by assistant registrar of Supreme Court of Appeal and the High Court Ellen Chapita-Banda, addressed to lawyers for the Anti-Corruption Bureau (ACB) and Mussa, the court asked both parties to file skeleton submissions within seven days from the day of the notice before the hearing today.
“Kindly be informed that during the said hearing and pursuant to a presidential pardon granted to the 1st appellant herein, the parties shall be required to address the court on the effect of a presidential pardon viz. whether a presidential pardon obliterates a conviction or not,” reads the notice in part.
after his pardon
The court’s notice came two weeks after Mussa’s lawyer Chancy Gondwe indicated that he wanted to move the court to nullify his client’s conviction following his pardon by Chakwera as part Easter celebrations.
Section 51(2)(c) of the Constitution bars convicted persons from contesting for an elected office unless after the expiry of seven years from the day of one’s release from jail.
In an interview yesterday, Gondwe said they have already filed their submissions on the matter and that they will maintain their stand that a pardon does not only remove the punishment that flows from the offense, but also “all the legal disabilities consequent on the crime”.
ACB director of legal and prosecution Chrispin Khunga in a separate interview said the bureau has also filed its submissions, but declined to give more details.
If the court interprets in favour of Mussa, it will mean he will have a chance to bounce back into politics if he wishes to run for an elected office.
Chakwera pardoned Mussa who was convicted and later in October 2020 sentenced to a five-year-long jail term for abuse of office and neglecting public duties.
Mussa, who served as minister of Homeland Security in the Peter Mutharika administration, was sentenced alongside former regional Immigration officer David Kwanjana and businessperson Peter Katasya.
