Africa-Press – Malawi. The High Courts Judge Ruth Chinangwa on Wednesday afternoon, October 18, 2024 discharged a 17-year old treason case involving Former vice-president Cassim Chilumpha and businessperson Yusuf Matumula. The duo were arrested in May 2006 on allegations plotting to kill late President Bingu wa Mutharika using hired assassins from South Africa.
Eventually, Chilumpha, through his lawyers Hawkins Attorneys applied for the discharge arguing that the matter had taken more than a decade with prosecution taking no steps, which was an infringement upon his rights as an accused.
He made his application under Section 42(2)(f) of the Constitution which, he argued guarantees an accused the right to fair trial. In a ruling, Justice Chinangwa dismissed the case noting that the State has shown no willingness to prosecute the matter because the matter has remained dormant for 15 years.
“Apart from that the State is also asking the court for a further 90 days to if at all they were to continue prosecuting the matter. It seems that this matter was a forgotten cause for the State.
“If anything, it speaks volumes on how the prosecution manages the prosecution of its cases. To say the least this matter has been poorly managed. It is only lawful to have the matter discharged in the circumstances,” reads part of the ruling.
Chilumpha and the late Mutharika fell out in 2005 after the former president left United Democratic Front (UDF), a party that sponsored him into power in 2004, to form his Democratic Progressive Party (DPP).
He is the president of the Assembly for Democracy and Development (ADD) party. Recently, Chilumpha has been on campaign trail selling his bid for 2025 Malawi polls.
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