Chisale Challenges 28-Year Delay in Criminal Case, Seeks Constitutional Referral
With few days to the ruling in his certificate case, former presidential aide Norman Paulosi Chisale has filed an application in the High Court of Malawi, Lilongwe District Registry, seeking a constitutional referral over the delays in prosecuting his long-standing criminal case.
The application, filed on 22 January 2025, challenges the 28-year delay, arguing that it infringes on his constitutional right to a fair trial within a reasonable time.
Chisale is facing three charges: impersonation, presenting false information to a public officer, and intimidation, stemming from incidents that occurred in 1996 and 2010. According to Chisale’s affidavit, he allegedly submitted a forged Junior Certificate of Education in 1996 and later intimidated a witness, Pithius Hiwa, in 2012.
The trial, which began in 2020, has been marred by numerous delays, including issues with the appointment of magistrates and judges. The application comes at a particularly critical moment, with the Court set to deliver its ruling on whether there is a case to answer. The ruling is coincidentally scheduled for the same day, 27th January 2025, as the application hearing.
Chisale’s legal team argues that the protracted delays violate his constitutional right to a speedy trial, with the case spanning nearly three decades. The Court’s decision on the constitutional referral could have far-reaching implications for the ongoing case and the broader legal landscape in Malawi.
Legal experts suggest that this application could set a precedent for future cases involving significant delays in the judicial system, underscoring the need for timely justice. As the matter unfolds, all eyes will be on the High Court to determine the fate of Chisale’s case and the broader implications of delayed trials in the country.
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