Malawi Supreme Court of Appeal hands former minister Kezzie Msukwa temporary relief from the jaws of ACB
June 15, 2022
Ezra Mtimuni - Nyasa Times 1 Comment
Malawi’s highest court, the Supreme Court of Appeal has given former Lands minister Kezzie Msukwa, who stands accused of corruption, a temporary relief from the jaws of the country’s graft-busting body, Anti-Corruption Bureau (ACB)
Msukwa has obtained a stay order from Supreme Court of Appeal stopping the Anti-Corruption Bureau (ACB) from arresting, investigating and prosecuting him.
Former Lands Minister Msukwa has been spared for now
Justice of Appeal Frank Kapanda has granted Msukwa the ex-party injunction pending an interparty hearing slated for 28 June, 2022.
The injunction stops criminal proceedings against Msukwa based on information from the UK’s National Crime Agency.
Msukwa appeared before the ACB in Lilongwe Monday morning, where the corruption-fighting state agency recorded a statement from him and he was expected that to be taken to court to be formally charged of the offences levelled against him.
Msukwa’s arrest on Monday came after the High Court Judge Redson Kapindu dismissed an application by Msukwa and another corruption suspect Ashok Nair, who wanted their arrests by the ACB to be cancelled on the basis that their rights had been violated and that the information ACB used would not be admissible in court.
In his ruling, justice Kapindu determined that the bureau could arrest Msukwa while Nair could also be remanded to prison.
According to Msukwa’s lawyer, Chimwemwe Mahekea Kalua the injunction obtained from Supreme automatically stays the High Court ruling.
The ACB wants to prosecute Msukwa on allegations that he received a vehicle and millions in cash in order to facilitate the sale of land to Malawian born British businessperson Zuneth Sattar who is based in UK.
Recently the High Court faulted Msukwa’s for court-shopping and judicial tourism in his judicial review case, which was first filed in Zomba before being transferred to Lilongwe.
Presiding over the case, Judge Redson Kapindu said this in his ruling in the case in which Msukwa wanted the court to cancel his arrest on the basis that it was illegal. Kapindu, therefore, dismissed Msukwa’s argument that his arrest was illegal.
Msukwa was arrested by Anti-Corruption Bureau (ACB) in December at Partners in Hope hospital in Lilongwe where he was receiving medication.
His arrest was on allegation that he facilitated the illegal sale of land to a businessperson at the time he was Minister if Lands.
Msukwa is alleged to have received millions in bribes and a vehicle following the dubious deals.
Msukwa applied for judicial review over the decision of ACB to arrest him while hospitalized.
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