By Isaac Salima:
The High Court sitting in Blantyre Wednesday referred the case involving former vice president Cassim Chilumpha to the Constitutional Court, which will decide whether it should continue or not.
Chilumpha and Yusuf Matumula are answering treason charges dating back 2006, when they were accused of plotting to assassinate former president Bingu wa Mutharika [now late].
Kalekeni Kaphale, who is representing Chilumpha—who is the first accused in the case— recently applied that the case go before the Chief Justice to be certified as a constitutional matter.
Kaphale argued that the Constitutional Court should determine whether the case’s delay was reasonable and whether it did not infringe on the rights of the accused to have a fair trial.
High Court Judge Ruth Chinangwa Wednesday agreed with the defence and referred the matter to Chief Justice Rizine Mzikamanda, who is expected to empanel judges to hear the matter.
On his part, lawyer for Matumula, Gift Mwakhwawa, expressed satisfaction with the ruling.
“The court has, indeed, agreed that the matter is fit for certification. The future of the case is that the Chief Justice will have to certify it as a constitutional matter and empanel three judges who will handle all processes.
“If the court agrees that there has been undue delay [and] that the rights of the accused persons to [having] a trial with a reasonable time have been infringed, the matter will be permanently stayed,” Mwakhwawa said.
In a previous hearing, apart from making an application for the matter to go to constitutional court, the defence also made several demands.
Among other things, the defence wanted the case to proceed with a jury that had been hearing the matter before.
A jury is a sworn body of people convened to hear evidence, make findings of fact and render an impartial verdict officially submitted to them by a court.
However, the future of the case is still cloudy as Chinangwa, in the last hearing, adjourned it sine die until the State gets funding for the jury.
It is estimated that it needs over K30 million per week to do the hearing.
Last year, after almost two decades of court battles, the State dropped Chilumpha’s charges.
But after months ago, the High Court ordered the restoration of the case after the government applied to revive it.
