By Staff Reporter
Malawi Supreme Court of Appeal in Blantyre on Wednesday February 8,2023 moved on to dismiss an application by former Malawi President Peter Mutharika’s personal bodyguard Norman Chisale who was pushing the court to allow him access to his frozen accounts to withdraw K50 million to settle legal fees.
Justice of Appeal, Charles Mkandawire, said in his judgement, he does not see any legal mandate for the supreme court to entertain applications for variation of preservation orders.
‘It was therefore a futile exercise for the first defendant to have invoked order 1 rule 18 of the apex court.” said Mkandawire.
Mkandawire further described Chisale’s application as misconceived.
The Attorney General Thabo Chakaka-Nyirenda, who also challenged the variation of the order application before the single Supreme Court judge, is challenging Chisale’s appeal in the Supreme Court.
The preservation order on Chisale’s assets was issued upon application by the DPP and the AG ahead of Chisale’s assets forfeiture case.
Chisale was arrested on July 17 2020 and released on court bail on July 28 2020 after staying 11 days in custody in connection with the shooting of Amani on May 21,2020 in Chimwankhunda residential area in Blantyre.
He was arrested few minutes after being released on court bail in another case where he was charged with fraud and money laundering.