Chisale out on bail: Malawi Supreme Court orders unconditional release from ‘illegal detention’

October 2, 2020 Osman Faiti - Nyasa Times 30 Comments

Malawi Supreme Court of Appeal (MSCA) has ordered the unconditional release of former president Peter Mutharika’s bodyguard, Norman Chisale, after his lawyer Chancy Gondwe applied to court to release Chisale from what he argued was unlawful custody.

Chisale: Walks to freedom

Gondwe confirmed that Justice Lovemore Chikopa on Friday ruled that Chisale be released and that from custody.

“Having been released from illegal detention/ custody, we see no reason to attach any special conditions to such release. They would be superfluous anyway,” reads an order made by Justice Chikopa on Friday, October 2.

Justice Chikopa pointed out that Chisale is already on bail granted to him by the High Court in Blantyre on July 27 2020 and the Magistrate Court in Lilongwe.

“If there is any need for conditions we feel the ones imposed in those matters are sufficient,” ruled the court.

The former president’s security chief is facing attempted murder charges, among many cases he will answer in court.

But Justice Chikopa pointed out that since his arrest on July 28 2020, Chisale has not been charged with any offence before any court.

“Neither has he been committed for trial before the High Court in view of the fact that he was arrested on allegations of homicide,” he said.

Chisale is also suspected of playing a role in the importation of K5 billion worth of tax duty-free allegedly using the former president’s privileges.

He has been in custody since mid July.

Earlier this month, Chisale, who served as State House head of security during Mutharika’s administration, was admitted to a private clinic in Lilongwe for over two weeks.

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30 replies on “Chisale out on bail: Malawi Supreme Court orders unconditional release from ‘illegal detention’”

  1. basi kungozivera mu wanthu kuti anatulutsidwa pa bail..koma padzana munkalemba uje wagwidwa tikumusunga pa zifukwa 1.2 3.4 then dzodzidzi muli ali pa bail.
    timasuleni cikucitika nciani kodi

  2. Ndimangomva kuti Makaladi ndioipa,Koma ndaonera pa Saulosi Chilima,munthu opanda umunthu.mpaka kufunisitsa azibale ake aku Ntcheu a Chisale,Chimuonenji amve kuwawa kuiwala kuti ndiabale ake ndithu komahiyaa.Kumateteza achina Masangwi ,Louis Ngalande omwe anapha Robert Chasowa.Kasampba ra yemwe anafuna kupha Paul Mphwiyo kumamuteteza kkk,zoopysa kobasi kkk

  3. That’s the problem of taking long to prosecute. We don’t know if Chikopa was cleared from the alleged Thom Mpinganjira corruption scandal. If he was indeed involved why should he sit in supreme court and making judgments that knowingly he is compromised? Going ahead any judge that is mentioned in any serious corruption scandal needs to be off the courts bench until the case is cleared.

    1. Are you the court registar???? You know nothing about these things. Why should he remain in custody yet he is not charged??? That’s why akuti unlawful detention

  4. Chifukwa amati school simatha ppo just comment for the sake of commenting .zoti chathunya been on bail ya murder aiwala kale umbuli kodi🤣🤣🤣🤣🤣

      1. They are failing to press charges against him, just as they failed againt Fredokiss, Mukhitho, Rosa Mbilizi etc

    2. He is yet to be charged on Ngauju murder but assuming he gets charged next week, he will get locked again.

  6. The onus now rests in the hands of the state. Take the guy to court so that we can see if indeed those crimes that he is presumed to have committed can be proved in a competent court of law. Because the problem is that indeed one can commit a crime & cleverly cover his/her tracks then it becomes impossible to prove his wrong doing in a court of law that only looks on facts & evidence. That’s why investigations are key to any successful conviction. So let the State prove that indeed he had a hand on the gruesome murder of Njaunju & that his self enrichment was provable that he broke the law. Otherwise this guy will walk free.

  7. Akulu akulu zomwe khothi ndi boma akuchita apa ndikuputsitsa a Malawi. A clear case of cement importation and the owner Duty free code denied buying cement anywhere then what else do they want than prosecute. This lawyer is corrupt used his fellow corrupt judge but justice will always prevail. AMalawi tinalozedwa sure kaya is it trough water we drink or eletricity of nthaka timapondapo mwina eeeeiisshhhh!!

  8. I thought he could have been charged by now already in all the cases that he had been remanded for. Remanding people for extended legal period of time without charging them usually happens when persecution drives the arrest. This is one of the issues that we faught against autocratic rule of Kamuzu which saw opponents getting detained for long periods without trial. Arrest a person and charge him within 48 hours is what we opted for but still there is abuse of plhuman rights in Malawi.

  10. Justice Lovemore Chikopa paja ndi cadet ndi zosadabwitsa. Mulandu wa murder umakhala ndi bail?

    3. Olo malemu mbwiyanu kamudzu ndi otata JZU atamanga chifukwa chopha nduna 4 anapasidwa bello ndiye inu mwatani kodi .Chikopa has done nothing wrong he is following the rules of the court .Kungoti inu a Mcp you think kuti kumanga anthu is the only best weapon to defeat your enemies …this is a democratic state embrace the rules of democracy not one party system

    4. Mukudabwa chani? Uja anapha Linda Gasa sanapatsidwe bail? Tadzichangamukaniko anthu osadziwa malamulo inu…..za nkutu!!

  11. We have a fraudster and conman releasing a fellow fraudster, conman, murderer and a pure devil. Mutharika be very careful my dear.

  12. Ivy Kamanga who was denying Chisale bail is one of the evil and corrupt Judges who received bribes from Simbi to rule in favour of Tonse Alliance.We know her as an inept judge who reads the Law differently from other judges. Any person is presumed innocent until proven otherwise by a competent court. Any case including murder or attempted murder is bailable. Thats why we have Raphael Kasambara who was sentenced to 13ysr incacaration at Maula prison walking in town and even offering legal counsel to Chilima and his UTM in anticipation that one day UTM will be form the next government and he be made Attorney General again. So i was perplexed to see Ivy Nyakamanga acting as if she is not a seasoned judge to know all this. Let him walk to freedom and take him to court when your are ready with evidence.

    1. We know who are corrupt it is you and your Chisale, APM, BJ etc you tried to corrupt Ivy Kamanga zinakukanikani. Do you want to tell me that Simbi offered them more billions than 2billion kwacha each what you wanted to corrupt the judges??? mulila simunati

    2. You can imagine up now no charges. It clearly shows that the judicial system is a sellout to mcp and friends. Why denying bail as if there charges???

    3. I agree with you. Arresting people on rumours will cost the government a lot of money. In the JZU and Kamuzu murder case, the judge said and I quote: ” A rumor, no matter how persuasive is not evidence”, end of quote. Except for the cement issue, the other cases for chisale are based on rumors, and proving them will be difficult for the government side. Welcome Norman Chisale. Breath a sigh of relief.

  13. The lower courts have small mentality that is why they allow corrupt police officers to abuse the law. Each year they detained lots and lots of people illegally and have no appetite for speedy trial.

  14. Some blame Chisale and Gertrude for usurping the DPP from its rightful owners. Others blame him for self enrichment and Njaunju’s horrible murder. BUT he has had his rights violated. The reason one is given bail is to enable them prepare well for their trial, and put their affairs in order esp if they have dependents. The shenanigans of delaying commuting his case to court, re-arresting him upon being granted bail, or judges going on holiday during his bail application demonstrate the childishness of our politicised judiciary. Chisale deserves his day in court, and if the state has a strong case, then bring it forward. It is retrogressive for someone to petition the supreme Court for bail.

    1. kumpatsa bail munthu sikutanthauza kuti mlandu wantha,umbuli uwu pepani osamaonetsela ku gulu .chisale kamwe madzi pita.

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