LILONGWE-(MaraviPost)-The High Court in Lilongwe has dismissed an application by Norman Chisale to have his criminal case referred to the Chief Justice for certification as a constitutional matter.
Chisale is facing charges of personation of a person named in a certificate contrary to Section 391 as read with Section 358 of the Penal Code, presenting false information to a person employed in the public service contrary to Section 122(a) of the Penal Code and intimidation contrary to Section 88(1)(a) of the Penal Code, dating back to 1996 and 2010.
He had argued that the 28-year delay in prosecuting his case violated his right to a fair trial, specifically his right to be tried within a reasonable time and to challenge evidence effectively.
In his ruling dated September 2, 2025, Justice Kondwani Banda said that while the Courts Act does not explicitly provide a procedure for magistrates to refer constitutional matters to the Chief Justice, the High Court could use its inherent jurisdiction to avoid denying citizens access to justice.
However, the judge found that Chisale’s case did not meet the threshold for certification.
The State argued that prosecution only began in 2020 and the court noted that Chisale himself had contributed to delays through numerous applications and appeals.
Reads the ruling in part: “Without going much further, it is upon considering the affidavits of both parties in support and against and further upon hearing the parties that I find the matter not fit to be referred to the Chief Justice by this court for certification as a constitutional matter. For the avoidance of doubt, this application is dismissed with costs.”
In an interview, Chisale’s lawyer Gilbert Khongongwa said he is still consulting his client on the next course of action.
Chisale is also opposition Democratic Progressive Party (DPP) Youth Director.


