Cases dropped by DPP Maele in limbo as court delays constitutional verdict

A potentially explosive High Court ruling that could throw the legitimacy of Malawi’s Director of Public Prosecutions into chaos has been delayed, leaving the country waiting on a decision with sweeping constitutional consequences.

Judge Anneline Kanthambi had been expected to deliver her much-anticipated verdict today in Lilongwe, in a case brought by Senior Counsel Kamudoni Nyasulu challenging the legality of DPP Fostino Maele’s appointment — and, crucially, his decisions to discontinue a string of criminal cases since taking office.

But the ruling failed to materialise, with the court informing both parties that the judgment was not yet finalised and that a new date would be set once it is ready.

Nyasulu confirmed the frustrating delay.

“The court communicated that the ruling is not ready today. When it is ready, a new date will be set and communicated to us,” he said.

The postponement means the cloud of legal uncertainty hanging over Maele’s appointment — and every decision made by his office since — remains firmly unresolved.

At the centre of the case is Nyasulu’s bid to have the matter referred to Chief Justice Rizine Mzikamanda for certification as a constitutional issue.

If granted, the dispute would be escalated to a panel of at least three judges, transforming it into a major constitutional showdown over how Malawi appoints and holds its chief prosecutor to account.

Kanthambi had also been due to rule on Nyasulu’s application for a stay of proceedings in the wider judicial review, which places Maele’s November 2025 appointment under direct constitutional scrutiny while simultaneously challenging the legality of his subsequent decisions to drop several prosecutions.

The stakes stretch far beyond Maele himself. Should his appointment ultimately be ruled unconstitutional, serious questions would arise over the fate of every prosecutorial decision made under his watch — including cases dropped, prosecutions greenlit, and other rulings issued under his authority.

For now, though, the High Court has left the nation waiting, with the legal shadow hanging over the DPP’s office firmly intact until the ruling is finally delivered.