Judge Kamwambe to rule on Muluzi case’s constitutional interpretation – Chief Jutsice

The Chief Justice Andrew Nyirenda has send back to the High Court for Judge Maclean Kamwambe to determined an application by former President Bakili Muluzi on whether his criminal charges under the Corrupt Practices Act are constitutional in nature on three arguments his attorney Tamanda Chokotho submitted.

Muluzi: Case returned to High Court

Muluzi: Case returned to High Court

Muluzi and his then personal assistant, Violet Whisky, were accused of diverting K1.7 billion allegedly public funds into Muluzi’s personal account.

The former president argued when he was arrested that the charges amounted to “political persecution”.

Muluzi stepped down as president after serving two terms in office in 2004.

His lawyer, Chokotho, told High Court that he wanted the case to go to the Constitutional Court as per Rule 8(1) of the Courts (High Court) (Procedure on the interpretation of Application of the Constitution) Rule as he felt the issues being raised in the case are constitutional in nature.

Chokotho claimed that Muluzi’s hand-picked successor, the late Bingu wa Mutharika, interfered with the operations of the Anti-Corruption Bureau (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.

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. Muluzi was also arrested on trumped up treason trial at the airport when he arrived from UK. He is seeking compensation on that.

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

“Did the former AG and director of ACB’s conduct to fabricate evidence against the accused not undermine the accused’s right to a fair trial as provided for in Section 42[2][f] of the Constitution?” queried Chokhotho.

Chokhotho asked the court to refer the case for constitutional interpretation pursuant to Section 9 (2) of the Courts Act alleging that the whole trial against him misrepresents the Constitution in many respects.

He based their arguments on Section 42 on the right to fair trial, Section 88 (1) on the responsibility of the President in upholding the Constitution and Section 101 (2) on the independence and exercise of powers conferred on the Director of Public Prosecutions.

Justice Nyirenda in his determination on Thursday said by referring the matter to the Supreme Court for certification, Judge Kamwambe misdirected the accused as he could have determined on his own.

“The learned judge was supposed to decide whether it is necessary for the matter to be submitted to the chief justice for further consideration. For these reasons, this matter is returned to the original court for the learned Judge to determine as he might consider appropriate,” said the Chief Justice in his ruling.

Muluzi’s case started in 2009 and has now taken about six years due to numerous adjournments mainly attributed to the former president’s illness and objections from the defense.

Government already had given Muluzi back over 60 vehicles which ACB seized from him in 2009. According to ACB deputy director Reyneck Matemba, the vehicles were really “deteriorating” hence an out-of-court agreement between anti-graft body and Muluzi lawyers led to the release of the vehicles earlier this year.

The agreement was subsequently validated by court consent, Matemba disclosed.

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Commenter
Guest

God is the true Judge of everything, Bakili Muluzi still lives on today God had a reason for him to still be alive, yet the one who sentenced him Prof. Bingu died an embarrassing death. It doesn’t matter what the earthly judges like nyirenda have to say, God has the ultimate say in everything we do.. Time will tell!!!

a chale Phillipchalel
Guest
a chale Phillipchalel

ineyo sindifuna za kumachende zanditopetsa nyini zanu nonse ife anthu akumudzi tikuvutika coz of u pipo osowa chikondi ngati maluzi

Prodigalson
Guest

Mwati zaka six mulandu umodzi?manyi anuo mukamapanga musamatiuze ife panopa tikuvutika kusowa chakudya ndiye olo mutiuze zamilandu zitipinduliranji?

MeMalawi
Guest

Sindimaona chifukwa cholimbanilana ndi Muluzi ndalama zimenezo sikathu coz those days zinthu sizinali mmene zililimu anthu anali ndizonse zoyenera bola mulimbane ndi awa (cashgate staffs) amatenga mopanda chisoni pamene ziko likusowa ngakhale mankhwala amene eee nthawi ya a chair mukuti okubawo unalibe even makolo anthu akapita mzipatala amabwera ndi majumbo majumbo amakhwala, makope mmasukulu sinali nkhali nkhani taphunzisidwa ndi a chair ife even iwe ukuwelengawe. Let a chair be in peace

kabotolokamo
Guest

These guys are playing Poka on the people of Malawi ! one day some one bad will rise up and have them good !

KWA KHWISA
Guest

CHILUNGAMO CHIKUSOWA NDITHU

MA BANK STATEMENT ONSEWO ALI MBWEE EEEEE !!!!

KOMA MUZITI IYAYI MULANDU WALOWA POLITICS ?,?

NKONA WANTHU TSOPANO TATOPA NAZO
TILUFUNA WOTATE WOCHAKWERA NDI ANZAWO

AZACHOTSE NYANSI ZIMENEZI BASI !!

Jasitasi Chilungamo
Guest
Firstly we are fed up with this jargon of “Political persecution ” when politicians steals from the public coffers are being shielded by corrupt and immoral lawyers..The positions of the president has lifetime benefits for them and they think they have the right to steal from the Malawian citizen.We are fed up with these wrong winded cases that leads nowhere.No wonder Malawi is backward as ever because of shielding these thieving politicians.Why would somebody needs 60 cars at once?African politicians are very greedy while its subject are led into untold poverty.We need the truth about of 1.7 billion about thieving… Read more »
sir sapanga
Guest

ndatha ine wanu Bwande, kuno ku malawi. koma mabvuto aku nyasaland azatha? musova kumalawiko ndikwacha wanuyo akungoyandama siku ndi siku.

Eric Larks
Guest

Who knows who he does wrong before God? Surely ! Muluzi will never be charged anything on this isue before God because he was a good leader to everyone in malawi ,very flexible. I have never seen him before but God have recommended Muluzi to be a good leader forever more like David. Munthu uyu ndi wachikondi pa anthu ndipo zomwe amaononga pachikondi chomwe amachitira anthu zinali za ndalama za nkhanikhani koma samadandaula kalikonanse! Ndani akanatha kukonda anthu onse ngati Muluzi? Ndalama zokwana 1.7 b si kathu pamaso pa Mulungu. Zamziko ndizokutha izi osazitengera patali okay?

Atcheya
Guest

Zopanda ntchito izo tiyeni tiwasiye Atcheya apumule osawapingapinga ayi!!!

wpDiscuz

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