Six senior Malawi officials, politicians and business figures pulled into explosive High Court fight over dropped corruption cases and disputed prosecution contracts
Six prominent Malawians, including Finance Minister Joseph Mwanamvekha, have joined an ongoing High Court case in which three senior lawyers are challenging the State over the discontinuation of several high-profile criminal prosecutions and the termination of their contracts as special prosecutors.
Mwanamvekha: Also in the case
The other individuals who have joined the case are Secretary to the Treasury Cliff Chiunda, Reserve Bank of Malawi Deputy Governor for Economic Services Henry Mathanga, UTM Party president Dalitso Kabambe, former Chief Secretary to Government Lloyd Muhara, and businessman Leston Mulli. All six are represented by Senior Counsel Kalekeni Kaphale.
High Court Judge Anneline Kanthambi granted an application allowing them to be joined as interested parties in Judicial Review Case Number 1 of 2026, which is being heard in the Financial Crimes Division of the High Court of Malawi. Judiciary spokesperson Ruth Mputeni confirmed that the matter has been adjourned to 11 June 2026 and will be heard virtually via Zoom.
The main case has been filed by three senior lawyers — Kamudoni Nyasulu, George Liwimbi, and Enock Chibwana — who were engaged under “Team Linthumbu” to support the prosecution of complex corruption and fraud cases involving senior public officials and private sector actors. Their role was meant to strengthen the prosecution of high-profile cases and improve public confidence in the fight against corruption.
The lawyers have sued the Solicitor General and Secretary for Justice, the Director of Public Prosecutions (DPP) Fostino Maere, and Attorney General Frank Mbeta. They are challenging both the termination of their engagement as public prosecutors and the decision to discontinue a series of criminal cases they were handling on behalf of the State.
When the court convened, it was initially expected to hear objections related to an application by the Attorney General to postpone proceedings due to unavailability. However, those objections could not proceed after the new applications by the affected individuals were filed and admitted by the court.
Senior Counsel Kamudoni Nyasulu confirmed that all the applications by affected parties were accepted and that they will now be served with the full case documents to respond. He added that both the government side and the affected individuals will now be part of the defence team in the proceedings.
He further said significant public and private resources have been invested in defending what the applicants describe as unlawful discontinuation of criminal cases. The matter has now been fully rescheduled to 11 June 2026.
In affidavits submitted to court, the six individuals argue that they are directly affected by the judicial review proceedings because if the court rules in favour of the prosecutors, it could lead to the reopening of criminal cases against them.
Their lawyer, Kalekeni Kaphale, SC, explained that between 2020 and 2025, multiple criminal cases were brought against his clients by the Director of Public Prosecutions, and the same legal team now challenging the State had been involved in prosecuting them on behalf of the DPP.
He said all those cases were later withdrawn or discontinued following changes in leadership at the Office of the DPP and Attorney General after the 16 September 2025 General Election. Kaphale argued that the current judicial review is challenging both the legality of those withdrawals and the termination of the prosecutors’ contracts.
He maintained that his clients are directly affected because a successful outcome for the applicants could result in renewed prosecution.
The criminal cases in question involve allegations of corruption, abuse of public office, fraud, and conspiracy linked to major public institutions, including the Malawi Savings Bank (MSB) and Salima Sugar Company.
One of the cases, Criminal Case No. 7 of 2024, involved Leston Mulli, Lloyd Muhara, and Cliff Chiunda, who were charged with conspiracy to use public office for advantage, conspiracy to evade liability, and causing financial loss through fraudulent means.
Another, Criminal Case No. 4 of 2025, involved Shirieesh Betgiri, Joseph Mwanamvekha, Lloyd Muhara, Cliff Chiunda, and Collins Magalasi, with eight counts relating to Salima Sugar Company, including conspiracy to use public office for personal gain.
Other related cases include Criminal Case No. 19 of 2023 and several cases filed in 2025 involving Henry Mathanga, Dalitso Kabambe, Samuel Chilembwe Malitoni, Cliff Chiunda, Joseph Mwanamvekha, and others, all linked to allegations of corruption, fraud, and abuse of office.
The three senior lawyers leading the judicial review argue that the Director of Public Prosecutions acted unlawfully in discontinuing the cases. They also allege that the DPP, Fostino Maere, previously acted as a defence lawyer in some of the same matters, creating a conflict of interest.
They further argue that seeking guidance from the Attorney General before discontinuing the prosecutions undermined the constitutional independence of the DPP. They cite Section 101(2) of the Constitution on prosecutorial independence and Section 99(3) on exclusivity of prosecutorial authority.
They are also asking the court to declare the decisions unlawful, unreasonable, biased, and beyond the powers granted under the Legal Education and Legal Practitioners Act.
If the court grants leave for judicial review, they are also seeking an order suspending the effect of the contested decisions until the matter is fully determined, meaning the discontinued cases and termination of contracts would remain on hold pending the final hearing.
