Chief Justice defers Muluzi’s application for constitutional review

Chief Justice, Andrew Nyirenda was on Tuesday forced to defer to next month hearing on Constitutional Court review application by former President Bakili Muluzi on K1.7 billion case after both the State and defence lawyers failed to clarify some ‘legal issues’.

Muluzi: Wants matter to be in constitutional court

Muluzi: Wants matter to be in constitutional court

Justice Nyirenda is exepcted to determine on whether to certify Muluzi’s application for Constitutional review after the former President and his co-accused Violet Whisky are accusing the State of dictating the case.

Muluzi and Whiskey are answering corruption charges related to K1.7 billion about $11m (£7m) of money believed to be from “well-wishers” of the former ruling United Democratic Front.

And on Tuesday, Justice Nyirenda adjourned the hearing on the application to August 14th, 2015.

Judicial Spokesperson, Mlenga Mvula said the case has been adjourned to allow both the State and defence lawyers do research on the raised ‘legal issues’.

Mvula did not however disclose what legal issues Justice Nyirenda raised.

”The Chief Justice asked both sides to clarify some legal issues which they could not explain and asked for sometime to research,” said Mvula.

In March this year, judge MacLean Kamwambe referred Muluzi’s application for Constitutional review to Chief Justice’s office for certification after defence lawyer, Tamanda Chokhotho argued that the issues being raised in the case were Constitutional in nature.

Chokotho claimed that Muluzi’s hand- picked successor, the late Bingu wa Mutharika, interfered with the operations of  the ACB by ordering his arrest on corruption charges when ACB had no intention to carry out the arrest.

It is on record with a leaked audio clip that late Mutharika ordered former ACB director, Gustav Kaliwo to “shake up” Muluzi for political reasons.

Chokotho also argued that the case was politically-motivated because Muluzi—who  was head of State between 1994 and 2004—was continuously being harassed by  arresting him.

He also questioned the conduct of the offices of the ACB and the Attorney General (AG) in the matter.

The case protracted since 2011 due to among other reasons, the former president’s health concerns.

Muluzi, Malawi’s first democratic president was initially charged with 86 counts of corruption and abuse of office but were trimmed to three.

He denies any wrong doing.

Muluzi was also once arrested on trumped up treason charge. He is seeking compensation on that.

Government already had given Muluzi back over 60 vehicles which the ACB seized from him in 2009.

If Nyirenda decides that the case is constitutional, a three-judge panel will be appointed to hear the matter.

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From Nyasatimes

More From the World

27 thoughts on “Chief Justice defers Muluzi’s application for constitutional review”

  1. hisbolla says:

    WR A STUPID COUNTRY, A MALAWI TULO. MULUZI IS NOW BEING protected BY MBUZI MUTHARIKA. WHY CARRY ON WIT some CASES THEN?? DROP ALL OTHER PIPOS CORRUPTION CASES THEN. MBUZI YA CHIEF JUSTICE

  2. Ishmael Makwinja says:

    Set achair free. He was our president,our entertainer.Who can make sweet rallies like Muluzi.
    Kumagwichisyo kweleko, mundu djwankulungwa!!!. Please set him free. He retired peacefully, leav his peace with him.

  3. Dj Banda says:

    He must be having a car hire firm.How does he drive all those 60 cars?Parking space kumakhala ngati Ku msonkhani.African presidents with their greediness.

  4. Dandire wa Dandire says:

    Imraan Sadick is a stooge for the Muluzi family.I think he gets paids for writing useless things.Don’t waste arguing with him.Tables are turning in Malawi.All crooked lawyers with no morals who has been feasting with this six pounds thief will be crying very soon.He is going to spend his retirement days in jail.No need of pitying this thief.He messed Malawi big time.

  5. Dambudzo Mwasanya says:

    Chifere Bingu wa Mutharika aka Daniel Phiri all the fake back issues to save his ass are gone.He is jumping to the plane in every next trip.Shame for the six pounds thief.

  6. Patriot weniweni says:

    So if a politician steals and is banged for it then it becomes a politically motivated case?So politicians can steal at will and not get prosecuted.So what is special with them?Presidents are people with several benefits attached to them by a tax payer and they also top up by stealing again.Is there any sense on this?Malawi constitution should change not pamper these clown of leaders.They don’t contribute anything to Malawi apart from stealing.They are time wasters.Malawi just need an intelligent representative to run this country.We are just breeding thieves to rip us off our taxes in looking after them in retirements having nothing tangible to show in development.

  7. Edmund says:

    This is a straight forward case. Public money went into personal account. That is a fact. does this require research …. my foot. Muluzi benefited personally by diverting that money into personal account, so where is the challenge here. The case would have closed within days not even weeks. Why are we continuing shaming / embarrassing our country. Please… Malawians are very very tired of these suspicious delays of justice. God help Malawi.

  8. Chiphwisi Ntibule Gututu says:

    Alekeni a Chair amere mnofu wa bakha. Bwanji tingochotserana ku 500++ billion kwacha mukuibisayi?

  9. Gunkulukutu says:

    Bwanji kuzunza munthu wa Allah. Anthu ansanje amafuna kubisa tchimo lawi pokokomeza za anzawo.500+billion kwacha ija mwangoikhalira?

  10. Pete Nyandoro says:

    Wagulitsa chipani mdala ameneyu ndi cholinga choti mlandu wa MK1.7bn ufere mgiya, koma amupana basi.Madisc sakugwanso opita nao ku Cape Town kokatha miyezi iwiri. Pano koma kuyendera nthito za boma, mwana akwera ndege inayi, naye bambo akwera ndege inayo. Kudala mbava. Peter is playing a wait and see game, come the campaign period, He will pull a trigger and get him arrested in the name of justice.

  11. clement says:

    Muluzi is not Malawi’s first democratically elected president. Nyasatimes, dig Malawi history properly. Kamuzu Banda was democratically elected for him to become Prime Minister in 1964. Inu mukuona ngati anachita kulanda boma kwa azungu ndi mfuti?

  12. Chair Munthu wankulu pa town. Hands off our chair. Anthu a nsanje inu.

  13. Just because Malawian are fools he will be left free. But mind you some people died because of this man

  14. A jakulungwa. Ndipatseni Atu ndikwatirane naye ine. Ndizakuthandizani mulandu. Mukudziwa kondipedza.

  15. MAN KENYA says:

    African presidents are very selfish. How can the public entrust you with the mantle giving you so many priveledges yet you go ahead to steal? What are 60 vehicles for and how did you acquire them? Zambia’s Chiluba was caught in a similar corruption scandal after retirement. Let justice prevail. It is a malawian who has misappropriated a fellow malawian’s property, frankly speaking. Do not apply justice selectively.

  16. big chimbly says:

    Ati magalimoto 60?..hahahaa

  17. DIPHIPHIUDEFU says:

    Let international qualified doctors examine him if he really had disc problems. Each time he came to SA, he was just sitting phwiii at his house without even visiting the hospital. The guy was never sick, he doesn’t suffer from anything. Tulo ku Malawi

  18. Zabodza says:

    Anthu kutengeka ndi za zii.
    Iyi ndi Filimu ya DPP ija anakhonza atakumana ndi big man kufuna kupusisa amalawi ngati mmene anatipusisa ndi nkhani ya MSB.
    If fact choti mudziwe ndi choti kaya ndi Nyirenda, kaya ndi ndani, onsewo ali pansi pa Pitala.
    Ndiye Pitala anagamula kale kuti Muluzi alibe mulandu.
    Tiyeni tikhale “patriotic” monga amanenera big man tsiku lija ku DPP Independance kuja. Ndala zoti tiononge apa sitingagulire mankhwala mzipatala?

  19. njegame syaosimo says:

    Iwe ukuti atcheya anali millionaire kaya billionaire kuyambira kale ngwabodza. Bus zake za Jakumusi zija ukukumbukira kuti zonse zinatha kufa chifukwa chosowa makobili okonzetsera. Ndinena pano anthu amene amagwira ntchito ku Jakumusi analephera kuwalipira ndalama zao. It is not prohibited to remain quite if you have nothing to say. You have to have your facts correct before saying or commenting on matters. Tcheyayo could be your idol monga momwe ena amasapotela satana. Tcheya is a crook number 1 ngati simukumudziwa. Ndi shasha amene uja. Lero wamumva akuti akufuna kupita ku RSA for medical check-up with his msana problem A Malawi changamukani inu.

    1. haha says:

      Ndipo these people still voted for him despite being told of the 6 pound theft. Lero ndizi anaba 1.7 billion. Kususuka a Malawi ena ngati amagayirako zakubazo.

  20. loscosoko says:

    Anyamata apatauni tsopano kukalowanso mkhoti,kikiki

  21. george says:

    malawi

  22. I never heard in Malawi that, such people are behind the bar charged for corruption case! Never! Zibani nanuso ndi nthawi yanu! Kakhala umphawi ku Malawiko ndi wa omwe sali m’boma! Koma kuimba nyimbo yoti Malawi ndi osauka, Lingatukuke bwanji dziko ziphuphu zosatha? Koma ndalama mukumalanda amphawi kumisonkho ndikumathila m’matumba mwanu!!!

  23. Lord Denning Chatsika says:

    Abale inu mpaka my fellow judge the CJ advising lawyers to do research on legal matters relating to the case shame this is obvious musapanganetu kuti muluzi awine case on technical grounds apa zikukaikisa!!!!!!! CJ wayamba bwino continue embarrassing and educating unprepared lawyers kenako whip all the lazy sleepy judges and magistrates

  24. Ine ndinkadziwa kuti nkhaniyi ndi politikisi,Atcheya sangabe ka 1.b mwk
    Tcheya anali billionaire asanakhale President even Ngwazi imatha kumabwereka ndalama kwa Atcheya pakhala Mavuto ena azachuma
    Atcheya Woyeeeeee ife nga nga nga nga pambuyo panu

  25. Lord Denning Chatsika says:

    Failed to explain some legal issues, were the lawyers prwpared for the application? Chonde maloya tiziwerenga nalamulo mokwana b4 appearing in courts mukupangitsa manyanzi

  26. Dr Mbewe says:

    Acb why give back vehicles to muluzi. These are stollen vehicles from the state. You know muluzi is a thief. You dig his history, he started stealing government money when he was young at Msinja Court in Lilongwe. You acb you will never learn. Idiots and unpatriotic. You have been cashgated. If it was small man you have already convicted him but because you have received money from thief muluzi you are quite. What a shame! .

Comments are closed.