In a surprising twist and turn of events, High Court Judge Ruth Chinangwa has ruled that the treason case against former Vice President Dr. Cassim Chilumpha will proceed, setting a new trial date of 16th -20th September, 2024.
This follows the initial discontinuance of the case in October 2023 due to what Judge Chinangwa described as lack of willingness by the State to prosecute.
After the discharge, Dr. Chilumpha launched a K24 billion lawsuit against the State for unlawful arrest.
In April this year, government through its lawyers wrote the High Court to have the case revived, asking it to continue hearing the case.
In the ruling, High Court Judge Chinangwa has cited Section 247(1) of the Criminal Procedure and Evidence Code (CPEC), which allows for the resumption of a case within 12 months if new evidence or circumstances arise.
While some legal experts affirm the State is right to revive the case under specific conditions, human rights advocates argue the prolonged proceedings and sudden revival constitute a serious violation of Chilumpha’s rights and an unnecessary expenditure of public funds.
In an interview with Nthanda Times, Legal expert Justice Dzonzi has emphasized the legality of reviving the case under CPEC, stating that a discharge does not prevent re-prosecution if new evidence emerges.
Dzonzi however acknowledged the potential for public suspicion, given the case’s political overtones and the long period of inactivity.
“When a criminal case or an accused person has been discharged from criminal proceedings, it does not necessarily mean that person cannot be recharged with the same offense if there is new evidence or some circumstances arise which perhaps were not available at the time the discharge took place, which means it is basically fine for the state to revive the case,” he noted, highlighting the potential perception of politicization.
Another Legal expert Gilbert Khonyongwa says that the State’s action to restart the case falls within legal parameters since the discharge was less than a year old.
He suggested that government’s motivation might be linked to defending against Chilumpha’s lawsuit for unlawful arrest and compensation.
“I don’t see that as political as such, but I would look at it as a possible defence. What I see is the reaction by the government from the legal suit in billions that Dr. Chilumpha commenced following his discharge. So, I think that has compelled the State to restart the case as a way of defending that other case that Chilumpha commenced against the State,” Khonyongwa said.
Commenting on the matter, Centre for Human Rights and Rehabilitation (CHRR) Executive Director Michael Kaiyatsa has criticized government’s decision to reopen the case, describing it as a violation of the former Vice President’s human rights.
Kaiyatsa pointed out the psychological, physical, and economic toll of an 18-year legal battle and condemned the revival as an abuse of state resources.
“It raises questions, especially when you consider the fact that Dr. Chilumpha has filed a case for compensation. It’s clear that the government is trying to run away from the compensation claim that Dr. Chilumpha has made. It’s a violation of his rights. It’s also an abuse of state resources.
“Because remember, its taxpayers who are footing the bill for this case. And the government has used taxpayers’ money for 18 years without any conclusion to the case. How would you prosecute somebody for that long? It was too long. It was just too long. A lot of resources had been wasted for nothing.” Kaiyatsa asserted.
Our efforts to seek views from the Director of Public Prosecutions (DPP) Masauko Chamkakala proved futile as he had not responded to our written questionnaire at the time of going to press.
Chilumpha, alongside his co-accused Yusuf Matumula, faces charges of treason and conspiracy to murder, linked to an alleged plot to assassinate the late former President Bingu wa Mutharika in 2006.
