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’.

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.