BLANTYRE-(MaraviPost)-The Constitutional Court on Wednesday ruled out that the corruption case involving Malawi former president Bakili Muluzi be continued that the later be answerable to all fraud charges.
The court validated Section 32 of the Corrupt Practises Act (CPA), effectively putting the 12 year’s case to proceed to trial.
The case which has taken for 12 years, the court ruled that the requirement to explain one’s wealth is constitutional.
The State questions the former Head of State of K1.7 billion ($12 million) during his 1994-2004 presidency which was in his personal account.
Muluzi, 74, and his former personal secretary, Lyness Whiskey, are answering the charges of corruption on the money which government alleged was public funds diverted to the former President’s personal account.
The funds were reportedly given to Muluzi directly from Taiwan, Morocco and Libya for the campaign of late Bingu wa Mutharika, his hand picked successor under United Democratic Front (UDF).
The trial begun in 2006 and to date it has not been concluded, making it one of the most dragged high-profile criminal cases in the country.
In 2011, Muluzi’s lawyers applied to the Constitutional Court to determine the constitutionality of Section 32 of the CPA, which puts the burden on the accused to prove their innocence against the general principle where the burden lies in the hands of the State.
Three judges—Sylvester Kalembera, Dorothy Nyakaunda Kamanga and Dingiswayo Madise—which formed the panel of the Constitutional Court considered the section valid.
This means that Muluzi will continue standing trial and the law will remain applicable as has been the case all along.
But his lawyers disclosed that will appeal against the ruling.
