The Malawi Supreme Court of Appeal has endorsed an agreed order between Deputy Minister of Homeland Security Norman Chisale and the Director of Public Prosecutions (DPP) Fostino Maele to terminate forfeiture proceedings against the applicants. This decision follows the High Court of Malawi Commercial Division's refusal to endorse an agreed order initiated by the DPP to withdraw the forfeiture proceedings against Chisale and six others.
In his judgement dated September 8, 2026, Supreme Court Judge Dingiswayo Madise stated that the High Court misdirected itself by failing to distinguish between civil and criminal proceedings. Madise emphasized that the forfeiture proceedings are civil and governed by the Civil Procedure Rules 2017, not the Financial Crimes Act.
The forfeiture proceedings, classified as Civil Cause No. 75 of 2021, arose after the DPP obtained a preservation order to seize properties belonging to Chisale and others estimated at K1.7 billion. The proceedings followed allegations of unexplained wealth and money laundering against Chisale. However, the related criminal case was withdrawn by the DPP in March this year.
The preservation order listed 86 motor vehicles, including luxury brands such as Range Rovers, Jeep Wranglers, and Mercedes-Benz, with 63 registered under Norman P. Chisale as importer. Two bank accounts were also frozen, holding over K30 million and K87 million, respectively. Additionally, the State seized 21 properties, including residential and commercial properties in several districts.
The six other respondents in the case were Chimwemwe Paulosi, Deborah Zimatha Chisale, Esnart Guga, Flony Guga, Jannet Fatch Kamanga, and Christina Mvula. Chisale's lawyer, Chancy Gondwe, said he had no instructions from his client to comment on the matter. The DPP's office had also not responded by press time.
Judge Madise further stated that the High Court was outside the law when it declined to endorse the agreed order, as parties to civil proceedings were at liberty to agree on how to resolve their dispute. He noted that there was no justification in law for the court to decline to endorse the agreed order, especially since the DPP, who initiated the proceedings, no longer wanted the matter to continue.
The Supreme Court's decision effectively ends the forfeiture proceedings against Chisale and the six others. The court's ruling underscores the importance of distinguishing between civil and criminal proceedings and the parties' liberty to agree on dispute resolution in civil matters.
Key points
- The Malawi Supreme Court of Appeal has endorsed an agreed order to terminate forfeiture proceedings against Deputy Minister of Homeland Security Norman Chisale and six others.
- The forfeiture proceedings were initiated after allegations of unexplained wealth and money laundering against Chisale, but the related criminal case was withdrawn by the DPP in March this year.
- The Supreme Court's decision emphasizes the importance of distinguishing between civil and criminal proceedings and the parties' liberty to agree on dispute resolution in civil matters.
