Malawi Supreme Court of Appeal has rejected an application by former president Peter Mutharika’s personal bodyguard Norman Chisale to stop proceedings of a case he is accused of using a fake academic qualification.
In December 2021, the court had granted Chisale an order temporarily stopping the proceedings in the case following his application that there were procedural and substantive issues bordering on how the lower court (Senior Resident Magistrate’s Court) was conducting the trial.
But in a ruling delivered in Blantyre yesterday, Justice of Appeal Sylvester Kalembera said the lower court was at liberty to proceed with prosecuting the case.
He said the case must be tried by the Senior Resident Magistrate’s Court first and that the appellant should not limit his own right to such trial as granted under Section 42(2)(f)(i) of the country’s Constitution.
Kalembera observed that Chisale also lacked interest in the prosecution of the case, which has stalled since August 22 2021.
Chisale was charged with three counts, namely impersonation of a person named in a certificate contrary to Section 391 as read with Section 358 of the Penal Code, presenting false information to a person employed in the public service contrary to Section 122 of the Penal Code and intimidation contrary to Section 88 of the Penal Code.
Source:NPL
