The High Court in Blantyre, sitting as a Constitutional Court, has dismissed with cost an application in which Norman Chisale former bodyguard of ex-president Peter Mutharika was challenging the constitutionality of the preservation order over his property.
This means the state will continue preserving his property.
In the case, Chisale is asking the Court to determine the constitutionality of Section 65(2) of the Financial Crimes Act, which provides for the preservation of assets deemed to be illegally acquired arguing that it violates human rights provisions enshrined in the Constitution.
He has cited provisions on the right to be heard, right to own property and right to be presumed innocent until proven guilty.
Chisale also wants the court to rule on whether or not the Director of Public Prosecutions was within his mandate to commence civil proceedings by obtaining the preservation order on his property -when Section 99 of the Constitution says his mandate is on criminal matters only.
The court has found that preservation orders are Constitutional and DPP has mandate to obtain the preservation order.
Source; MIJ Online
