Rédaction Africa Links 24 with Taonga Sabola
Published on 2024-03-18 07:17:00
Former Vice President Cassim Chilumpha has taken legal action against the Attorney General of Malawi, seeking K24 billion in damages for his arrest in 2006 while serving as State Vice President. Chilumpha is also demanding compensation for being prosecuted for 17 years, totaling various amounts for punitive/exemplary damages, damages for inconvenience, damages for malicious prosecution, damages for defamation, Common Law damages, and compensation for the violation of his constitutional rights. Additionally, he is seeking reimbursement for legal fees and bail bond expenses incurred during the legal proceedings.
Court documents reveal that Chilumpha was arrested on April 28, 2006, and charged with treason and conspiracy to murder. Despite being granted bail in May 2006, he remained accused of these crimes for 17 years until he was finally discharged in October 2023. The prolonged legal proceedings and lack of finality in the case are described as unfair, unjust, and a violation of Chilumpha’s constitutional rights.
The Attorney General’s actions are characterized as malicious and intended to cause difficulty and inconvenience to Chilumpha. The court documents state that Chilumpha has suffered immense damage, injury, and loss as a result of the prolonged legal battle. The case has been assigned to High Court Judge Rachel Sikwese, and the Attorney General has expressed intentions to defend the claim, citing valid grounds for the arrest and prosecution.
In October 2023, High Court Judge Ruth Chinangwa discharged Chilumpha and businessperson Yusuf Matumula, who were facing treason charges related to an alleged plot to assassinate then President Bingu wa Mutharika. Judge Chinangwa noted the State’s lack of willingness to prosecute the case and the extended period of inactivity, leading to the discharge of the accused under the Criminal Procedure and Evidence Code.
Chilumpha’s legal battle highlights the challenges and injustices faced in the legal system, particularly regarding prolonged legal proceedings and delays in justice. The demand for significant damages reflects the impact of such experiences on individuals and the need for accountability in legal processes. The case sheds light on the importance of upholding constitutional rights and ensuring timely and fair legal proceedings for all individuals involved in legal matters.
As the legal battle continues, the outcome of Chilumpha’s claims against the Malawi Government and the Attorney General will have implications for the country’s legal system and the protection of individuals’ rights in legal proceedings.
Read the original article on The Times
