The Malawi Supreme Court of Appeal has rebuffed former State President Arthur Peter Mutharika’s blue-eyed personal bodyguard, Norman Paulosi Chisale, by dismissing an application for a stay in the High Court proceedings on forfeiture of his property amounting to over K5 billion.
Dissatisfied by a High Court order to have his vast property, whose source is questionable, Chisale made two applications to the Supreme Court, one asking for stay on the civil proceedings regarding the forfeiture of his property.
Supreme Court Judge of Appeal Justice Ivy Kamanga
In the first application, Chisale prayed to the highest court of the land that the proceedings be halted forthwith pending the conclusion of criminal proceedings also in the High Court in Lilongwe.
Supreme Court judge, Justice Ivy Kamanga has dismissed Chisale’s application to have the High Court proceedings stopped in order to await for his criminal trial.
However, in the second application, Chisale was seeking the intervention of the Supreme Court to refer the constitutional issues, which are rising in the matter to the Chief Justice for certification.
In her determination Her ladyship the appeal judge, Justice Ivy Kamanga allowed Chisale’s application to have the matter be taken to the Chief Justice Rizine Mzikamanda for certification.
The issue in question is that Chisale should remain silent in the criminal case.
However, the determination has left both sides in the case with dissenting views on the way forward.
Chisale’s attorney, Chancy Gondwe said in an interview after the ruling that by referring the constitutional matter to the Chief Justice, it means the forfeiture proceedings have been curtailed.
While on the other hand, Attorney General, Thabo Chakaka Nyirenda, said he believes that by dismissing the application, the forfeiture proceedings will run whilst awaiting the Chief Justice’s certification.
In the criminal proceedings at the High Court, Norman Chisale is answering charges of money laundering, possession of unexplained property and filing of inaccurate documents.
