Uladi to wait more for appeal ruling

The Malawi Supreme Court of Appeal has reserved its ruling on the State’s application to have former minister of Homeland Security Uladi Mussa and regional Immigration officer David Kwanjana’s application for appeal dismissed.

Mussa and Kwanjana, who in 2020 were sentenced to five years imprisonment each filed an appeal through their lawyer Michael Goba Chipeta challenging their conviction and sentence.

Among others, the two argue that High Court judge Chifundo Kachale erred in finding them with a case to answer when there was no sufficient evidence to prove the case of neglect of duty or abuse of office.

Mussa and Kwanjana, who are the first and second appellants respectively, also argue that Kachale, who is also Malawi Electoral Commission chairperson, erred in law and fact by convicting them on insufficient evidence and that the conviction was against the totality of evidence.

But in skeleton arguments in support of an application for summary dismissal filed by renowned lawyer and certified fraud examiner Kamudoni Nyasulu, the Anti-Corruption Bureau (ACB) wants the Supreme Court of Appeal to dismiss the appeal against both conviction and sentence.

The State argues that there were no sufficient grounds which would enable the appellants to succeed in the appeal.

After hearing both the appellants and State argument on Thursday in Blantyre before a single member Supreme Court of Appeal, Justice of Appeal Lovemore Chikopa reserved the ruling to a later date.

He said he will communicate on the exact date of the ruling when it is ready.

In an interview after the court proceedings held in the chamber, Chipeta said the State’s application to dismiss his clients’ appeal is abuse of the court process because it is not supported by the law.

He said: “Had it been that the grounds we filed are not making any sense or were not sufficient, the court would have exercised that power on its own longtime back, the time that we filed.”

In a separate interview, ACB director of legal and prosecution Chrispin Khunga said when the matter is lodged before a single judge, a single judge can make the decision. So, it’s up to the court to decide.

Mussa and Kwanjana were each handed prison sentences of 12 months for neglecting public duties and five years for abuse of public office.