By Wezzie Gausi:
The High Court sitting in Lilongwe has dismissed an application by former Reserve Bank of Malawi Governor and presidential candidate Dalitso Kabambe and his co-accused to adjourn their K13.6 billion loan fraud case to allow him to campaign ahead of the September 16, 2025 Presidential Election.
In a ruling delivered on Friday, Judge Anneline Kanthambi said the request lacked merit and would have undermined the principle of equal treatment before the law. Kabambe—alongside Henry Mathanga, Leston Ted Mulli, Felton Mulli, Joseph Khupe, Mulli Brothers Limited and Web Commercials Limited—is accused of facilitating loans to Mulli Brothers and others for the purchase of Affordable Inputs Programme (AIP) fertiliser which allegedly never materialised.
The loans were allegedly not repaid.
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Director of Public Prosecutions (DPP) Masauko Chamkakala welcomed the ruling, stressing that political ambitions could not be used to delay criminal proceedings.
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“The integrity of the justice system must not be compromised by political considerations. All accused persons must face the law equally, regardless of their political status,” Chamkakala said.
The case is at its preliminary stage, with plea yet to be taken.
The State has maintained that Kabambe’s presence is not indispensable at this stage, as legal representation is available, and criminal proceedings do not violate his constitutional right to contest in elections.
The matter comes a week after another court allowed former president Peter Mutharika to postpone his appearance in the cement importation case until after the elections to accommodate his campaign schedule.
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Kabambe, who is among the presidential candidates in the forthcoming polls, had argued that attending court would interfere with his nationwide campaign and put him at a disadvantage against other contenders.
However, the court found the application speculative and contrary to the principle of equality before the law.
The High Court has since directed that the case should proceed.
