BLANTYRE-(MaraviPost)-Supreme Court of Appeal on Wednesday, December 21, 2022 dismissed an application by Norman Chisale for a stay in High Court proceedings on forfeiture of his property worth over MK5 billion.
Chisale, former President Peter Mutharika’s personal security aid made two applications to the Supreme Court, one asking for stay on the civil proceedings regarding the forfeiture of his property.
Chisale asked that the proceedings be halted pending the conclusion of criminal proceedings also in the High Court in Lilongwe.
In the second application, Chisale was seeking the intervention of the court to refer the constitutional issues which are rising in the matter to the Chief Justice for certification.
Justice of Appeal, Ivy Kamanga, has since allowed it.
The issue in question is that Chisale should remain silent in the criminal case.
The Supreme Court of Appeal has since allowed the matter to be taken to the Chief Justice for certification.
However, the determination has left both sides in the case with dissenting views on the way forward.
Lawyer for Chisale Chancy Gondwe said by referring the constitutional matter to the Chief Justice.
This means the forfeiture proceedings have been curtailed.
On the other hand, Attorney General, Thabo Chaka Nyirenda, said by dismissing the application the forfeiture proceedings will run whilst awaiting the Chief Justice’s certification.
In the criminal proceedings at the High Court Norman Chisale is answering charges of money laundering, possession of unexplained property and filing of inaccurate documents.
