Africa-Press – Malawi. BLANTYRE-(MaraviPost)-The High Court in Blantyre on Thursday, November 17, 2022 dismissed with costs Norman Chisale’s application to stay his property forfeiture case pending conclusion of his criminal case, which he says is bordering on the same property.
Chisale former President Peter Mutharika’s personal security aid says the requirement for him to explain the source of his property in the civil forfeiture proceedings will undermine his right to remain silent, which he has decided to exercise in the criminal proceedings.
Both Attorney General (AG) Thabo Chakaka Nyirenda and Director of Public Prosecution (DPP) Steven Kayuni objected to the application, saying staying the proceedings would pose a huge risk on the property in question.
Justice Michael Tembo, hearing the application virtually, dismissed Chisale’s application but ordered that whatever Chisale says in the civil forfeiture case he is presiding over not be used in the criminal proceedings Chisale wants to remain silent in.
Justice Tembo also declined Chisale’s application to refer the relationship between the right to remain silent and the requirement of a respondent to explain their wealth to the Chief Justice for certification as a constitutional case, saying it was not worth it.
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