DPP asks for nine judges in Raphael Kasambara appeal case


The Director of Public Prosecutions (DPP) has filed a notice of appeal referring to the decision made by judge Dustan Mwaungulu to release Raphael Kasambara on bail.

Last month, Mwaungulu granted Kasambara temporary relief from prison following his application on bail pending appeal since he was convicted of conspiracy to murder and attempt to murder along with co-convicts, Macdonald Kumwembe and Pika Manondo.

In an emailed response, Ministry of Justice and Constitutional Affairs spokesperson, Pirirani Masanjala, said the notice by the DPP was filed last week Friday, further saying the State is not satisfied with mwaungulu’s ruling on the matter.


“On April 6 2018, the office of the DPP filed and served on the lawyers for Mr Kasambara a notice referring the decision of Mwaungulu, Justice of Appeal, to come before a full panel of the Supreme Court. The State is dissatisfied with the Lordship’s decision and wishes to have it overturned,” he said.

Lawyer representing Kasambara, Lusungu Gondwe, Tuesday confirmed receiving the application.

“It is a grand opportunity for the State and DPP to be taught the law for the second time by the Malawi Supreme Court of Appeal,” he said.


The court is yet to set a date to start hearing the appeal case.

Kasambara was convicted of conspiracy to commit murder while Kumwembe and Manondo were convicted of charges of attempted murder and conspiracy to murder in the shooting of former budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13 2013

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