By Isaac Salima:
The forfeiture case involving former presidential aide Norman Chisale Tuesday failed to start at the High Court sitting in Blantyre as the defence has made two applications which have halted proceedings.
The case was scheduled to commence Tuesday, having failed previously as the court was dealing with other applications that were filed before.
However, some issues stood in proceedings’ way as it was noted that Chancy Gondwe, lawyer representing first accused Chisale, had filed two applications which the court must first address before hearing of the case commences.
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Gondwe said they wanted to be given documents which police seized from Chisale at the time of his arrest.
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“When they were arresting him, they seized all the documents pertaining to the properties. So, we want the State to furnish us with those documents so that we are able to file our defence because some of the documents that were taken are sale agreements and title deeds,” Gondwe said.
The defence also applied to the court, asking it to rescind the preservation order it issued.
The defence said the order was no longer legally enforceable.
“The matter is statute barred as its prescribed period of limitation has lapsed. The other thing is that the State sued the wrong parties. The case is under civil forfeiture proceedings and the State needed not to challenge individuals,” he said.
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The claimants, represented by Innocent Chirwa, told the court that documents which they filed on the case were filed without sworn statements and asked for an adjournment in order to sort out the issue.
Judge Anneline Kanthambi has since set February 25 2025 as the day she would hear and make a determination on the applications.
Chisale’s property was seized in 2021 for being suspected to be proceeds of crime.
The State now wants to permanently take custody of the assets so that they can be sold and recover the money.
However, the case has delayed as there have been several applications made.
In a previous sitting, the High Court dismissed applications by the defence to have the matter discharged.
Among other things Chisale, through Gondwe, wanted the court to dismiss the case, arguing that in 2022, Judge Ivy Kamanga referred it to the Chief Justice for certification as a constitutional matter.
Gondwe also argued that Kamanga’s oral ruling contracted with her perfected one and that, after they [defendants] applied to have the “error” corrected, the court was yet to decide on the matter.
However, Kanthambi dismissed the applications saying they lacked merit and that the forfeiture application trial should start.
