Africa-Press – Malawi. The Supreme Court of Appeal on Wednesday dismissed with costs an application by former presidential aide Norman Chisale, who wanted the court to allow him access to his frozen accounts so that he can withdraw K50 million to settle legal fees.
Justice of Appeal Charles Mkandawire said the Supreme Court cannot entertain applications for variation of preservation orders. He described the application as misconceived.
“My understanding of the scheme, as far as the Financial Crimes Act is concerned, is that the court, in this case the High Court or Subordinate Court, that issued the Preservation Order is the same court that has powers vested in it to entertain an application to vary or rescind the order. In as far as the Supreme Court is concerned, the Act has deliberately left it like that so that the court only comes in using its appellate jurisdiction as bestowed on it under Section 104 of the Constitution,” the judgement reads.
The judgement further says the subordinate court was competent to entertain the application by the first defendant (State) to vary conditions of the Preservation Order it issued on February 25 2021.
It also says the subordinate court was competent to entertain an application by the first defendant to vary its order. It says this was in compliance with Section 71 of the Financial Crimes Act.
Attorney General Thabo Chakaka Nyirenda was elated with the development. “We are happy that the application has been dismissed,” he said. Chisale wanted the Supreme Court of Appeal to unfreeze his bank accounts.
He wanted the Supreme Court to grant him access to his First Capital Bank account. Chisale wanted to access funds to pay for accrued legal costs. He also wanted the court to allow him to access money for fees for three children.
“It is my humble prayer that the court should consider varying the preservation order so that I am granted access to the account maintained at First Capital Bank by varying the preservation order so that I can pay the legal costs accrued and payable to legal counsel who have always represented in the matter and the constitutional matter,” the appeal document reads
Offices of the Attorney General and Director of Public Prosecutions objected to Chisale’s plea. On December 21 2022, the Supreme Court of Appeal dismissed Chisale’s application for stay of High a Court order on forfeiture of his property valued at K50 billion.
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