Businessperson Oswald Lutepo and former Malawi Ministry of Finance budget director Paul Mphwiyo sought an adjournment in a matter they want a vacation of an order that compelled two telecommunication companies to release their call logs.
The High Court in Blantyre on Tuesday granted the adjournment to allow a legal team for the two to “digest” some of the things concerning the matter.
Lawyer Kalekeni Kaphale, representing the two, said the High Court allowed the adjournment, adding there are things they have to look into critically before proceeding with the matter.
Former minister of Justice and Constitutional Affairs Ralph Kasambara, accused of conspiring to murder Mphwiyo, successfully obtained the order that compelled TNM and Airtel to provide to him call logs to enable him to prosecute Lutepo and Mphwiyo privately on charges of intimidation.
But Director of Public Prosecutions (DPP) Bruno Kalemba blocked the private prosecution and took up the matter to prosecute the two on charges of intimidation and he asked the two mobile companies to hand over the call logs to his office.
The two companies complied and Kalemba has since charged the two with intimidation.
Despite the developments, Lutepo and Mphwiyo still want the order that compelled TNM and Airtel to release their phone call logs vacated, arguing the data Kasambara was looking for from service providers was data that the complainant’s own telecommunication service providers must be keeping and could access it from there.
They believe the order was entirely unnecessary and an infringement on their privacy.
Lutepo is one of the key suspects in the infamous Capital Hill cashgate scandal where billions of public funds were systematically stolen through bogus payments for goods or services not provided.
The scandal led to budgetary support freeze by donors.
Kasambara was arrested in November last year for allegedly attempting to murder Mphwiyo who was shot at the entrance of his residence in Lilongwe.