By Isaac Salima:
The High Court sitting in Blantyre Wednesday dismissed an application by the defence team in a case where Norman Chisale, aide to former president Peter Mutharika, wanted the court to dismiss the State’s wish to have his properties forfeited.
The court sat to deliver on oral preliminary objections that Chisale, who is the first defendant, presented to the court a fortnight ago.
Chisale and others are defending a case in which the State applied to permanently forfeit his assets, which are suspected to be proceeds of crimes.
Among other things, Chisale, through lawyer Chancy Gondwe, wanted the court to dismiss the case, arguing that, in 2022, Judge Ivy Kamanga referred it to the Chief Justice for certification as a constitutional matter.
The defence is arguing that, as such, the case cannot proceed.
Gondwe also argued that Kamanga’s oral ruling contracted with her perfected one and that after they [defendants] applied to correct the error, the court was yet to decide on the matter.
Delivering her ruling, Judge Anneline Kanthambi dismissed the application, saying they lacked merit.
She said the applicant did not justify why the proceedings should be stayed.
After Kanthambi had made the ruling, Gondwe also stood and asked the court to grant him permission to appeal the case at the Supreme Court of Appeal.
He further applied for the matter to be stayed at the High Court pending the determination of the Supreme Court of Appeal.
However, Kanthambi also dismissed the application.
“The first defendant seeks leave to appeal without appreciating the reasoning of the court. The court now tends to wonder: What is the appeal against? Is it that the preliminary objections have been dismissed? In the manner of practice, this beats logic. Even me, I am failing to appreciate why the appeal was made as it is immature in my considerate view. At this point, the application is not granted,” Kanthambi said in the ruling.
Commenting on the outcome, Gondwe said they would appeal the decision.
“This is an unjust decision that has been delivered. We will appeal the decision. We made an application for leave to appeal, which has been denied, but a party may lodge a fresh appeal. The doors of justice are not closed,” Gondwe said.
Chief State Advocate Pirirani Masanjala, who is representing the office of the Director of Public Prosecutions, who is the first claimant in the case, said that they were pleased with the determination.
“We are ready to proceed with the matter. Everything that we need is already in court. We have four deponents which will be cross-examined,” he said.
Kanthambi has since adjourned the matter to December 17 and 18, when hearing will continue.
Chisale’s property was seized in 2021 for being suspected to be acquired using dubious means.
The State now wants to permanently take custody of the assets so that they can be sold and recover the money.
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