The Malawi Supreme Court of Appeal on Thursday reserved its ruling on former minister of Justice and Constitutional Affairs Raphael Kasambara’s appeal against revocation of his bail.
High Court judge Michael Mtambo revoked Kasambara’s bail in September over alleged infringement in his private space by allegedly accessing his private information.
On Thursday, Supreme Court judge Rezine Mzikamanda said he would make a ruling on a date to be communicated later but before November 20.
Earlier, Modecai Msisha, lawyer representing Kasambara, argued that the High Court erred in revoking his client’s bail because the judge acted as a complainant and a judge by bringing the allegations make a ruling.
Speaking in an interview after the matter was heard in camera, senior assistant chief State advocate in the office of the Director of Public Prosecutions (DPP), Dzikondianthu Malunda said Kasambara’s allegations could not be equated to proper charges.
“But we were saying that there was breach of interest of justice and in such cases, the court should be sensitive to the proceedings and to act even without being moved by the State or indeed any other party,” he said.
Kasambara is facing the charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13, 2013.
