Supreme Court rejects Chisale’s injunction bid

Supreme Court of Appeal Judge Lovemore Chikopa has rejected an application by former President Peter Mutharika’s personal bodyguard Norman Chisale his application to be granted an injunction restraining police from arresting him further.

Chisale still in prison on remand  for a man who spent a good part of his last six years in a presidential palace, usually inches from the most powerful person in Malawi.

Justice Chikopa observes that granting such an injunction is equal to unnecessary interference in law enforcement operations of the Malawi police service.

A lawyer representing Chisale, Chancy Gondwe, applied for a judicial review and an interlocutory injunction before High Court Judge Charles Mkandawire in Lilongwe on police conduct of effecting multiple arrests.

Mkandawire granted Gondwe’s request for a judicial review but declined to grant the interlocutory injunction and stay order against the Malawi Police Service on multiple, consecutive and endless arrests.

And following Mkandawire’s decision not to grant the temporary relief, Gondwe appealed to the Malawi Supreme Court of Appeal.

In his judgement, Justice of Appeal Lovemore Chikopa, sitting as a single Malawi Supreme Court of Appeal judge, said the relief sought by Chisale was “too general/wide” and that “in point of fact it is impossible” to grant the same.

The judge said: “Granting the injunction sought by the applicant [Chisale] would prevent law enforcement from even engaging in such consideration. They [police] would effectively never arrest/prosecute even in the face of good enough reason.

“We agree that the citizenry should be protected from unlawful arrests. That arresting an accused three times within three weeks might not sound legitimate. [But] it is our further view that our laws have an inbuilt protective mechanism against instances, potential or actual of the abuse of the powers of arrest.

“It [the law] specifically lays out how and when an arrest can/should be made. In either case, we think it is better, unless the situation leaves us with no other choice, to deal with alleged abuses after the arrest than to order the police not to arrest at all.”

Chisale, who is currently on remand at Maula Prison, was re-arrested two weeks ago upon his release from Chichiri Prison in Blantyre for allegedly having a hand in the murder of former Anti-Corruption Bureau director of corporate services Issa Njauju.

Njauju was brutally murdered in July 2015, sparking calls from civil society organisations and opposition political parties for the ousted Democratic Progressive Party government to bring his killers to book.

Chisale was first arrested on July 15 this year in Lilongwe in the controversial K5 billion cement importation saga for which he was charged with money laundering and fraud. He was later rearrested for the shooting of a 35-year-old woman in Chimwankhunda in May this year.

Follow and Subscribe Nyasa TV :

Sharing is caring!

Follow us in Twitter
15 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
nafundo zalo
nafundo zalo
10 months ago

osadanda naye galu uyu. akudyera ndikumwera mu mbale ndi makapu anagula kale dausi aja. odhula zeedi

Muhariwa
Muhariwa
10 months ago

This man is funny indeed,he was busy stealing taxpayers money and built Church @K40million and yet you killed many people which is very wrong to God.He cannot support you handling the Bible to us for what? What family do not know is that this lawyer is playing games with Judge and he wants to steal from Chisale with bills for nothing or injunctions. Bravo Judge to show this lawyer red card and was not supposed to ask the Judge very useless questions and tells the Chisale family that he is working on it. Chisale stole a lot of money and… Read more »

Opportunist
Opportunist
10 months ago

Chisale continue dancing to the music

Boma lenileni
Boma lenileni
10 months ago

Some lawyers must be de barred… How on earth would one competent learned colleague as they are fondly called ask for eternal injunction on prospective arrests. Are we serious??? akalakwa musamumange ???nzoona zimenezo???

Kwangwgwa
Kwangwgwa
10 months ago

Vimphonongo vyako Chisale. Nadi ungakatenge unangenagenge kweni bangakukakangakakanga yayi. A! wavimyantha!

Bamusi
10 months ago

Chisale ndi galu kwabasi, he thought he was above the law, ulula anzako wonse and pay back what you stole from us. Ndibwe4a ku Maula konko ndidzakupasile nsima pa window. Ndiwe galu kwabasi

TooLegitToQuit
TooLegitToQuit
10 months ago

It never rains but pours for Chisale. This chap shall no more enjoy his illgotten wealth.

Mulopwana
10 months ago

Pay bak. But Police had all the evidence regarding Njauju case why sacred cows. Animal farm

Super DuperP
Super DuperP
10 months ago

Keep this callous criminal and crook locked up for good!

ERUTU
ERUTU
10 months ago

NYEKHWE 🤣🇲🇼 y,⛓️

shares
Read previous post:
Chakwera open for re-election but vows not to seek third term

President Lazarus Chakwera has said he is legally allowed to seek re-election and have a second term five year term...

Close