LILONGWE-(MaraviPost)-The country’s civil rights group on environment and natural resources have welcomed the High Court’s ruling to dismiss Director of Public Prosecutions (DPP) Fostino Maele’s applications to discharge Wildlife Trafficker Lin Yunhua’s corruption case.
The grouping therefore has called on DPP Maele to recuse himself from the case arguing that Lin used to be his client prior to his appointment.
Addressing the news conference in the capital Lilongwe on Thursday, July 16, 2026 the civil rights grouping argues that Maele’s conduct is unacceptable and uncalled for in legal practices as the public chief prosecutor
“We call upon DPP Maele to recuse himself from any decision-making processes relating to this matter to avoid any actual, perceived, or potential conflict of interest and to preserve public confidence in the integrity of prosecutorial processes.
“Should the DPP seek to discontinue the matter through the constitutional process involving the Legal Affairs Committee of Parliament, CSOs will actively engage the Committee to ensure transparency and accountability as per democratic values,” reads CSOs’ statement in part.
CSOs appeal, “We further call upon every Malawian who believes in fair justice delivery, wildlife conservation, and the sustainable future of our nation to stand with us by supporting and sharing this statement”.
The statement has been signed by CSOs leaders including Indigenous Conservation of Nature (Fumukazi Zilanie Gondwe), Association of Environmental Journalists-AEJ (Titus Linzie), Centre for Environmental Policy and Advocacy-CEPA (Herbert Mwalukomo), Civil Society Network on Climate Change (Julius Ngoma), Coordination Union for Rehabilitation of the Environment (Charles Mkoka), Movement for Environmental Action (Mathews Malata), Lilongwe Wildlife Trust – (Dorothy Tembo-Nhlema), National Youth Network on Climate Change (Dominic Nyasulu), Wildlife Action Group (Lynn Clifford), Wildlife and Environmental Society of Malawi (Chifundo Dalireni) and Youth and Society (Charles Kajoloweka).
The High Court’s Financial Crimes Division dismissed an application by the Anti-Corruption Bureau (ACB) seeking permission to withdraw criminal proceedings against convicted wildlife trafficker Lin Yunhua, ruling that the application was legally incompetent and amounted to an abuse of court process.
In a ruling delivered on July 13, 2026, Justice Redson Kapindu held that the prosecution had relied on Section 81 of the Criminal Procedure and Evidence Code, a provision that applies only to subordinate courts and not to proceedings before the High Court.
The judge said the State had invoked the wrong legal procedure in seeking leave to discontinue the prosecution.
Judge Kapindu however rebuked Director of Public Prosecutions (DPP) Fostino Maele for wasting the court on the matter arguing that the state through ACB had already started parading witnesses against Lin.
This means the case will proceed again Lin on corruption charges.
The ruling comes barely a week after Malawi Law Society (MLS) accused Maele for abuse of public arguing that Lin was his client before appointment as DPP.
Below is the CSOs full statement issued on July 16, July 2026…..
CSOs Reaction to High Court ruling on the Anti-Corruption Bureau to Discontinue LIN YUNHUA Corruption Charges
Malawian Civil Society Organizations (CSOs) have been following with keen interest the corruption case involving convicted Chinese wildlife trafficker Lin Yunhua.
Following the Anti-Corruption Bureau’s (ACB), through Counsel Peter Sambani, application to discontinue the corruption charges against Mr. Yunhua, the High Court Financial Crimes Division declined and dismissed the application.
CSOs welcome this determination by the Court, particularly considering the gravity of the allegations and the significant public interest surrounding the case and the way the process was undertaken.
CSOs commend the High Court Financial Crimes Division for its ruling, which reinforces public confidence in the rule of law and demonstrates the judiciary’s critical role in safeguarding justice, accountability, and integrity in Malawi. The decision sends a strong message that due process and the fair administration of justice must prevail, especially in matters involving corruption and transnational wildlife crime.
CSOs remain hopeful and confident that the judiciary will continue to uphold its constitutional mandate and ensure that justice is served without fear or favour, thereby strengthening public trust in Malawi’s governance and accountability institutions.
The ruling dated 13 July 2026, acknowledged that Mr. Yunhua has a history of criminality and is a convicted offender who, in 2019, was part of a wider transnational wildlife trafficking syndicate operating across several countries as its ringleader. He was subsequently found guilty of several serious wildlife trafficking and financial crime offences for which he received custodial sentences. Mr. Yunhua was among the 37 prisoners pardoned as part of Malawi’s 61st Independence Anniversary celebrations on 6 July 2025. However, the ACB moved swiftly to pursue separate charges relating to corrupt practices involving a public officer, leading to the current proceedings and subsequent developments surrounding attempts to discontinue the case.
The Court further observed that the application represented not only a waste of time and public resources but also amounted to an abuse of the court process. At the same time, the ruling recognised that the State possesses both constitutional and statutory powers to terminate criminal proceedings through the discontinuance procedure without leave of the Court, provided reasons are subsequently submitted to the Legal Affairs Committee of Parliament in accordance with the Constitution.
This aspect of the ruling remains a source of concern for concerned Malawian CSOs, as it leaves open the possibility of a future attempt to discontinue the matter through alternative legal mechanisms. We would therefore not be surprised should further attempts be made to withdraw the case.
CSOs also note that prior to his appointment as Director of Public Prosecutions (DPP) in late 2025, Maele served as legal counsel for Mr. Yunhua. Although he formally ceased representing Mr. Yunhua upon assuming public office, the circumstances surrounding this case inevitably raise questions regarding potential conflicts of interest and perceptions of impartiality in prosecutorial decision-making.
While CSOs welcome and laud the Court’s ruling, we remain uncertain about the next steps that may be taken by the DPP. Given the seriousness of the allegations against Mr. Yunhua and his status as a key figure in wildlife trafficking syndicate, any effort to interfere with or undermine the case would represent a significant setback and could compromise the progress Malawi has made in combating illegal wildlife trade.
The arrest and prosecution of the Mr. Yunhua wildlife trafficking syndicate in 2019 represented a major milestone in Malawi’s fight against transnational wildlife crime. For the record, on 28 September 2021, Mr. Yunhua was convicted and sentenced to 14 years’ imprisonment for possession of Listed Species (rhino horn), contrary to Section 110(b) of the National Parks and Wildlife Act, and for dealing in Government trophy, contrary to Section 110B(b) of the same Act. He was also sentenced to six years’ imprisonment for money laundering contrary to Section 42(1)(c) of the Financial Crimes Act. The sentences were ordered to run concurrently, resulting in an effective custodial sentence of 14 years, after which he was to be deported to China upon completion of his sentence.
Furthermore, any future decision to discontinue the corruption charges against a convicted wildlife trafficker risks eroding the significant gains and investments that the Government of Malawi, law enforcement and intelligence agencies, the judiciary, and conservation partners have made over many years in combating illegal wildlife trade.
Malawi has earned international recognition for strengthening its legal and enforcement response to wildlife crime, and actions that appear to weaken accountability in high-profile cases could undermine both national and international confidence in these efforts.
Environmental sustainability remains a critical enabler of Malawi’s 2063 development agenda and must remain a national priority. The recently launched National State of the Environment Outlook Report 2026, unveiled during World Environment Day commemorations on 5 June 2026, identified poaching and wildlife trafficking as persistent threats despite the country’s significant progress in addressing wildlife crime.
These concerns have also been highlighted in various national assessments and scientific publications, including the Seventh National Biodiversity Report, the National Ecosystem Assessment, and the National Biodiversity Strategy and Action Plan (NBSAP III). Against this background, any decision that appears to weaken accountability for individuals linked to serious wildlife crimes risks sending contradictory signals and undermining national efforts to strengthen environmental governance, combat wildlife trafficking, and protect Malawi’s biodiversity and natural resources.
As concerned CSOs, we urge both the Director of Public Prosecutions and the Director General of the Anti-Corruption Bureau to carefully consider any decision that may compromise the corruption charges against Mr. Yunhua. Given the considerable public interest surrounding this case, transparency is essential in safeguarding confidence in Malawi’s justice delivery system and anti-corruption efforts. CSOs will continue to monitor this matter closely and remain steadfast in pursuing truth, accountability, and justice.
Secondly, we call upon DPP Maele to recuse himself from any decision-making processes relating to this matter to avoid any actual, perceived, or potential conflict of interest and to preserve public confidence in the integrity of prosecutorial processes.
Thirdly, should the DPP seek to discontinue the matter through the constitutional process involving the Legal Affairs Committee of Parliament, CSOs will actively engage the Committee to ensure transparency and accountability as per democratic values.
We further call upon every Malawian who believes in fair justice delivery, wildlife conservation, and the sustainable future of our nation to stand with us by supporting and sharing this statement.
