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’.

Muluzi: Wants matter to be in constitutional court

Muluzi: Wants matter to be in constitutional court

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.

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hisbolla
Guest

WR A STUPID COUNTRY, A MALAWI TULO. MULUZI IS NOW BEING protected BY MBUZI MUTHARIKA. WHY CARRY ON WIT some CASES THEN?? DROP ALL OTHER PIPOS CORRUPTION CASES THEN. MBUZI YA CHIEF JUSTICE

Ishmael Makwinja
Guest

Set achair free. He was our president,our entertainer.Who can make sweet rallies like Muluzi.
Kumagwichisyo kweleko, mundu djwankulungwa!!!. Please set him free. He retired peacefully, leav his peace with him.

Dj Banda
Guest

He must be having a car hire firm.How does he drive all those 60 cars?Parking space kumakhala ngati Ku msonkhani.African presidents with their greediness.

Dandire wa Dandire
Guest

Imraan Sadick is a stooge for the Muluzi family.I think he gets paids for writing useless things.Don’t waste arguing with him.Tables are turning in Malawi.All crooked lawyers with no morals who has been feasting with this six pounds thief will be crying very soon.He is going to spend his retirement days in jail.No need of pitying this thief.He messed Malawi big time.

Dambudzo Mwasanya
Guest

Chifere Bingu wa Mutharika aka Daniel Phiri all the fake back issues to save his ass are gone.He is jumping to the plane in every next trip.Shame for the six pounds thief.

Patriot weniweni
Guest
So if a politician steals and is banged for it then it becomes a politically motivated case?So politicians can steal at will and not get prosecuted.So what is special with them?Presidents are people with several benefits attached to them by a tax payer and they also top up by stealing again.Is there any sense on this?Malawi constitution should change not pamper these clown of leaders.They don’t contribute anything to Malawi apart from stealing.They are time wasters.Malawi just need an intelligent representative to run this country.We are just breeding thieves to rip us off our taxes in looking after them in… Read more »
Edmund
Guest

This is a straight forward case. Public money went into personal account. That is a fact. does this require research …. my foot. Muluzi benefited personally by diverting that money into personal account, so where is the challenge here. The case would have closed within days not even weeks. Why are we continuing shaming / embarrassing our country. Please… Malawians are very very tired of these suspicious delays of justice. God help Malawi.

Chiphwisi Ntibule Gututu
Guest
Chiphwisi Ntibule Gututu

Alekeni a Chair amere mnofu wa bakha. Bwanji tingochotserana ku 500++ billion kwacha mukuibisayi?

Gunkulukutu
Guest

Bwanji kuzunza munthu wa Allah. Anthu ansanje amafuna kubisa tchimo lawi pokokomeza za anzawo.500+billion kwacha ija mwangoikhalira?

Pete Nyandoro
Guest

Wagulitsa chipani mdala ameneyu ndi cholinga choti mlandu wa MK1.7bn ufere mgiya, koma amupana basi.Madisc sakugwanso opita nao ku Cape Town kokatha miyezi iwiri. Pano koma kuyendera nthito za boma, mwana akwera ndege inayi, naye bambo akwera ndege inayo. Kudala mbava. Peter is playing a wait and see game, come the campaign period, He will pull a trigger and get him arrested in the name of justice.

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