Rédaction Africa Links 24 with Times News
Published on 2024-04-10 08:30:33
Government’s Decision to Revive Chilumpha’s Treason Case Sparks Controversy
By Mercy Matonga:
The legal battle between former vice president Cassim Chilumpha and the government of Malawi has taken another turn, with the State filing an application to revive the protracted treason case against him. This move comes just weeks after Chilumpha himself sued the government for unlawful arrest in connection to the same case.
In a surprising twist of events, the High Court had discharged Chilumpha from the treason case in October of last year, citing the State’s failure to prosecute the matter effectively. This marked the end of a 17-year legal saga for Chilumpha, who had been accused of plotting to assassinate former president Bingu wa Mutharika while serving as his deputy in 2006. Alongside businessman Yusuf Matumula, Chilumpha had faced prosecution for alleged involvement in the assassination plan.
The State’s decision to revive the case has raised eyebrows, especially since Chilumpha had already launched a K24 billion lawsuit against the government following his release. Chief State Advocate Josephine Kumitengo Gwaza, in court documents obtained by The Daily Times, emphasized the government’s commitment to prosecuting Chilumpha and scheduled a hearing before a judge for April 22 of this year.
The State’s legal strategy hinges on the provisions of the Criminal Prosecution and Evidence Code, specifically Section 247 (2), which allows for the recommencement of prosecution within 12 months of discharge if the case is based on the same facts. According to the State, these conditions are met in this particular application.
The crux of the State’s charges revolves around Thomas Ndlovu, a key witness who allegedly proposed the assassination of Mutharika to Matumula, with the intention for Chilumpha to seize power. Allegedly, the plan was discussed at the vice president’s official residence, Mudi Residence, with Ndlovu recording the conversations as evidence.
The government’s efforts to prosecute the case have been substantial, including the hiring of UK-based Queen’s Counsel Anthony Berry to handle legal proceedings. However, Chilumpha’s lawyer, Sammer Chilumpha, has accused the State of reviving the case as a strategic move to delay and potentially undermine Chilumpha’s demand for compensation in his lawsuit.
The legal saga has been costly for the government, with reports indicating expenditures of millions of Malawian Kwacha on the case. Former expenses for legal representation by Berry alone highlight the financial burden of this longstanding legal battle.
Chilumpha’s lawsuit seeks substantial damages from the government, including punitive/exemplary damages, compensation for inconvenience, damages for malicious prosecution, and defamation. Additionally, he is demanding reimbursement for legal fees and bail bonds incurred during his extended period of being accused in the treason case.
The legal wrangling between Chilumpha and the government underscores the complexity and contentious nature of the case. With both parties dug in on their respective positions, the outcome of this legal dispute remains uncertain. As the court proceedings unfold, the impact of these legal maneuvers on Malawi’s legal system and political landscape will be closely watched by observers and stakeholders alike.
Read the original article on The Times
