By Kelly Napolo:
The African Court on Human and Peoples’ Rights (AfCHPR) has rejected an appeal by Misozi Charles Chanthunya, a Malawian man who was sentenced to life imprisonment for the 2010 murder of his Zimbabwean girlfriend, Linda Gasa.
Chanthunya, who was convicted in 2020, argued that his right to a fair trial was violated by Malawi’s judicial system.
He, therefore, sought both his release from prison and financial compensation.
In a decision announced at its headquarters in Arusha, Tanzania, the AfCHPR ruled that there was no evidence that Chanthunya’s rights were infringed during the trial. As a result, the court dismissed his claims and upheld his life sentence.
His case judgement is part of the 10 cases that the court, which is an organ of the African Union, delivered.
The cases are also part of a series of events by AFCHPR as it holds its 75th Ordinary Session, which started on Monday and runs through to December 6 2024.
Frank Namangale, spokesperson for Malawi’s Ministry of Justice, welcomed the ruling.
“The judgment by the African Court demonstrates that Malawi’s judicial system adheres to fair trial standards. This ruling reinforces that Mr. Chanthunya’s trial was conducted within the bounds of the law,” he said.
In 2018, Chanthunya was extradited from South Africa to Malawi, where he faced trial and was subsequently convicted.
Alongside his life sentence for murder, he received additional sentences for hindering the burial of a dead body and perjury.
Chanthunya had previously appealed to the Supreme Court of Appeal, filing a motion in January 2020 in which he claimed that his constitutional rights were violated.
However, the court rejected his motion, leading him to pursue his case at the continental level with the AfCHPR.
The AfCHPR’s decision is binding on member states, including Malawi, which ratified the African Charter on Human and Peoples’ Rights in 1990 and the court’s Protocol in 2008.
Malawi also signed Article 34(6) of the Protocol, permitting the court to receive cases directly from individuals and non-governmental organisations within its jurisdiction.
Attorneys from the Attorney General’s Chambers Neverson Chisiza and Francis MacJessie represented Malawi in the case.
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