By Cathy Maulidi:
The High Court has set November 5 2024 as the day it will consider an application for forfeiture of properties belonging to former presidential security aide Norman Chisale, who is accused of committing financial crimes.
Offices of the Director of Public Prosecutions and the Attorney General filed the application under Section 72 of the Financial Crimes Act, in which they sought to forfeit properties that were preserved on February 24 2021.
The defendants, in a court notice that we have seen, have been told to attend the hearing.
- Advertisement -
“Let the parties attend the Judge in open court on the 5th day of November 2024 for the hearing of an application by the claimants that the defendants’ objects of property, which were preserved on 24th February 2021, be forfeited to government.
- Advertisement -
“Take notice that the sworn statements from Isaac Nkhoma, Jack Vintenga Banda, Hastings Ludzu, John Minofu and Pirirani Masanjala will be presented in support of the application. Any sworn statement in opposition must be filed and served at least days before the above-mentioned return date,” the court document reads.
The case will be heard by Judge Anneline Kanthambi.
Reacting to the development, Chisale’s lawyer Chancy Gondwe said he was perplexed by the legal understanding of the claimants, particularly regarding the established order that referred the matter to the Constitutional Court.
“Once a case is referred to the Constitutional Court, all proceedings are automatically stayed. We question the motivations of those handling this case. Notably, this is the same individual who unsuccessfully attempted to appeal our client’s acquittal in a previous intimidation matter, only to withdraw the Notice of Appeal when he realised he lacked proper authorisation from his superiors,” Gondwe said.
- Advertisement -
Gondwe claimed that the issue was a politically motivated one aimed at diverting attention from the “significant challenges” plaguing the country.
“We maintain that there is no legitimate case here; rather, this serves as an intimidation tactic against our client. We will continue to stand firm in defending his rights and reputation,” Gondwe said.
In 2021, the High Court granted the State an order to seize Chisale’s assets amounting to K1.7 billion.
Chisale is accused by State agencies of acquiring billions worth of assets illegally.
The list of property the State has seized from the former Malawi Defence Force soldier include motor vehicles and real properties that include residential houses and commercial buildings.
Six other respondents the State listed on the application are Chimwemwe Paulosi, Deborah Zimatha Chisale, Esnart Guga, Flony Guga and Jannet Fatch Kamanga.
