Malawi Supreme Court of Appeal has granted a stay order against conviction and the sentencing of four months imprisonment with hard labour (IHL) to Macdonald Kumwembe on contempt of court charges.
Kumwembe, a former Malawi Defence Force (MDF) soldier, sought a stay of proceedings of the lower court’s criminal case before High Court judge Michael Mtambo and the stay of his sentence and conviction on the contempt of court charge pending determination of his appeal against the sentences.
Making his determination, Supreme Court judge Lovemore Chikopa, granted unconditional stay of execution.
Justice Chikopa however said the court is reminded that Kumwembe, also answering charges of conspiracy to commit murder and attempted murder of former Ministry of Finance budget director Paul Mphwiyo alongside former minister of Justice and Constitutional Affairs Raphael Kasambara, is on bail in the proceedings before Judge Mtambo.
The Supreme also provided guidance as sought by Director of Public Prosecutions (DPP) Mary Kachale on whether Kasambara should be allowed to represent his co-accused Kumwembe.
The court ruled that Kasambara’s appearance in the court should not be an issue as he is not the applicant’s co-accused in the appeal.
According to the Supreme Court, the matter of whether Kasambara should continue to represent Kumwembe should have been put before the Malawi Law Society as the regulatory body or the Attorney General (AG) as the head of the bar.Follow and Subscribe Nyasa TV :