Court to hear Uladi Mussa’s appeal application

The Supreme Court is this morning hearing an appeal application against the five year jail term for the pardoned Uladi Mussa.

High Court Judge Chifundo Kachale sentenced Mussa together with David Kwanjana to five years imprisonment for committing offence of abuse of office.

President Lazarus Chakwera earlier this year pardoned Mussa with 199 others in commemorating Easter.

Meanwhile Chancy Gondwe one of the defence lawyers has told the court that they are withdrawing the initial appeal and now focus is to address the court on the consequences of the pardon against the conviction.

The case is being heard by Chief Justice Mzikamanda, Justice Potani JA, Justice Ivy Kamanga JA, Justice Madise, Justice Dorothy Nyakaunda Kamanga, Justice Chikopa, Justice Katsala JA, Justice Mkandawire and Justice Mbvundula JA.

Meanwhile , Chancy Gondwe, one of the defence lawyers has told the court that they are withdrawing the initial appeal and now the focus is to address the court on the consequences of the pardon against the conviction.

Gondwe argues that in their submission they believe that pardon deletes/erases the conviction and punishment.

However Kamudoni Nyasulu – one of the state lawyers argues that pardon does not stop appeal of the case.

According to Nyasulu conviction and sentencing are judicial while pardoning is only done in exercising the conferred powers to the executive.

Nyasulu adds that the state believes that the court will give strengthened directions on how grounds of appeal should be drafted.

Meanwhile the case has been adjourned for the second time for five minutes for replies.