Malawian Chanthunya murder case awaits South African position

The murder case involving Malawian businessman Misozi Chanthunya is still yet to kick off with Malawi Government looking up to the South African Government for a way forward in extraditing the accused.

Chanthunya has been fighting against his repatriation from South Africa to Malawi to face murder charges following the killing of his pregnant girlfriend from Zimbabwe,  Linda Gasa in September 2010.

The murder case is one of the many cases raising questions on the effectiveness of the country’s judicial system.

Misozi: Murder suspect for killing  Gasa (insert)

Misozi: Murder suspect for killing Gasa (insert)

Among other popular cases include that of the K1.7 billion fraud trial of former President Bakili Muluzi, former vice president Cassimu Chilumpha’s treason after he was accused of trying to kill former President late Bingu wa Mutharika when he (Chilumpha) was his vice President and Robert Chasowa cases.

Explaining the delays on the cases and in particular on Chanthunya’s,  Ministry of Justice spokesperson Apoche Itimu said Chanthunya’s case is an ongoing process which would one day be completed.

“We are currently still liaising with our South African counterparts who recently asked for further information, which we provided. We are now waiting to hear from them on the next steps,” Itimu said.

She admitted that there were delays in the delivery of justice in the country but said the proble was that the criminal justice system involves many key players and delays are not always caused by the Director of Public Prosecutions (DPP).

“We are however pleased to advise that there is a new case management system being implemented by the European Union in government which will significantly address the issue of delays,” she said.

Itimu added that the delays in prosecuting do not necessarily affect evidence but conceded that may affect the victims who would “understandably want to have a speedy disposal of their cases”.

She also disclosed that the cash-gate cases, in which Malawi lost billions of kwachas through loopholes in its financial management systems, are currently of the utmost priority.

Observers have noted that the judicial system in Malawi is operating at a ‘super’ slow pace leaving the accused in several cases in a shadow of suspense for many years.

Yasini Domasi of Legal Aid disclosed that the delays have seen many cases being thrown into the dark room at the courts because their life span expired.

“We have some cases whose judgment was prepared many years ago. There are some cases whose presiding judges passed away while some cases wait for applicants to push,” he explained.

Lawyer Cassius Chidothi said the nature of the case plays a vital role in how fast it could be concluded.

“Some cases require the applicant or respondent to apply for preliminary hearings before determination of the main matter begins. At times the judge is sick and such factors contribute to the delay in conclusion of cases. Some cases are so complex in nature demanding evidence and witnesses from within or outside the country,” Chidothi said.

He said despite the dynamics in the judiciary, cases are supposed to be decided within a reasonable time so that people involved should know their fate.

Political analyst Boniface Dulani said it is better for the accused at times to be acquitted or to be convicted rather than living in a shadow of uncertainties.

Dulani said it was unfortunate that some of the cases that tend to delay involve politicians creating the impression that politicians sometimes are above the law.

“Some people stay in prison on remand indefinitely as if they were already found guilty. The judiciary has actually argued that there are not enough judicial officers’ to attend to all these cases but it’s important that justice needs to roll at a much faster pace,” Dulani explained.

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22 thoughts on “Malawian Chanthunya murder case awaits South African position”

  1. Mwendanato says:

    Chanthunya’s case lacks both political and judicial will or he is palm greasing both camps handsomely nanga tiziti akuchedwesa ndi aku joni zoona zimezi. Fotseki zanu

  2. ACHEWA says:

    The poor rot in prisons when the rich enjoy sex sleep food leisure freely. I think its only God to deliver justice.

  3. Billiat says:

    Nyasatimes, why has my comment about Mada Chinguwo been pulled down? Is it the same connections that aided him flee the country and avoid prosecution?

  4. Guest says:

    Our judicial system is crumbling and our justice non-existent. Is it because we have trained lawyers who are worse than the criminals themselves? If it is justice to keep the following cases uncompleted, Muluzi’s theft case, Bingu’s K93billion case, Kamuzu’s inheritance case, the Cashgate cases, Chanthunya’s murder case, other high profile murder cases including Gadama, etc. Then, let us solve our cases before taking them to court.

  5. chicco says:

    chilungamo pa malawi chinapita ndi Kamuzu Banda.

  6. Nee says:

    stupid malawian courts! monse muja mukufuna umboni utiuti? kumuopa basi cos ngopata! koma kwa Mulungu kulibe zimenezo, tonse we are equal.

  7. ntaya says:

    Ingomusiyani basi chanthunyayo milanduyo ithere pompo. Monse muja mukufuna kunama chani, timadziwa ndende za ku malawi kuno ndi za a mphawi basi. Ali kaka bwanji> pamene wina anaba mbuzi akuvutika ku cell.

  8. iwe chifundo chathunya wakupha nawenso ukabwea uzaphedwa

  9. cello 51 says:

    bweranikoni cello 51 ikudikila inu a chanthunya kaya mumati mathanyula kaya ndi iwe ali kaka

  10. Ma says:

    No excuses for delay in cases these are the same judges who cry for more salary for what? Idiots judges we have dancing to politicians pace nothing more.

  11. Ali Kaka chifundo Chanthunya onse amangidwe basi ndipo akafele kundende,uncle Dennis anaserver bwanji jele

  12. Okuba mbuzi akufela ku ndende pamene okuba ma bilione akungodyelera nkhani ya chanthunyayi anakakhala kapolo opanda kanthu bwezi pano Zomba maximum prisone kuli ku nyumba kwake koma poti ali ndi timatambala Cashgate nde ndiiyi akuipondelezayi

  13. wabwera says:

    justice delayed z justce denied. a judciary pa malaw mwatopesa, mwalowa justicegate

  14. V1 says:

    Nayenso mupite naye ku mental.

  15. Thunthu mpwiniha says:

    Zopusa basi,tatieni abale tione nkhani za fedulo,zinazi a makhoti aziona

  16. Temwinzo Style says:

    Zankutu! Nkhani ndi ya feudalism osati idzi nzakale!

  17. Kokoliko says:

    Abwere kuno else kumeneko adzamupatsa verdict ya culpable homicide.

  18. macd says:

    there is nothing stupid here you two mother fuckers if there is anybody to blame then its this rotten country called malawi..rotten to the core since 1964

  19. kabanthira says:

    there is more to talk rather than this boring chanthunya saga, zatopesa, film yanji yopanda the end.

    1. nkhedu says:

      igwe must die ya ku nigeria kkkkkk!!

  20. NKHANZA says:

    Chilungamo Chidzakhalabe Chilungamo Pangatalike Maka !!

  21. SIZOO says:

    STUPID tatopa nayo nkhaniyi!!!

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