The High Court of Malawi in Lilongwe yesterday deferred its judgement on an application seeking to challenge the constitutionality of the appointment of Director of Public Prosecutions (DPP) Fostino Maele.
Presiding Judge Anneline Kanthambi was scheduled to deliver the verdict yesterday morning as per a court notice, but at the appointed time the court informed the concerned parties that the ruling was still pending.
The applicant in the matter, Senior Counsel (SC) Kamudoni Nyasulu, confirmed the postponement, saying a new date will be communicated.
Finalising the judgement:
Kanthambi. | Nation
“The court communicated that the ruling is not ready today. When it is ready, a new date will be set and communicated to us,” he said.
The court was expected to rule on whether to refer the matter to Chief Justice Rizine Mzikamanda for certification as a constitutional issue, a move that would require appointment of a panel of at least three High Court judges to hear and determine the substantive matter under Section 9(2) of the Courts Act.
The court was also set to decide on an application by Nyasulu for a stay of proceedings in Judicial Review Case Number 1 of 2026, in which he is challenging Maele’s appointment as well as his decision to discontinue several criminal cases since taking office in November 2025.
Nyasulu, alongside lawyers George Desiderio Liwimbi and Enock Chibwana, initiated the action following the termination of their contracts as private prosecutors and the subsequent withdrawal of cases they were handling.
Through former Attorney General Chikosa Silungwe, Nyasulu argues that when Maele was appointed on November 26 2025, there was no vacancy in the office of the DPP because the prior office holder, Masauko Chamkakala, appointed on January 30 2023, still had a running term until December 2027.
The applicant contends that the Constitution contains no provision permitting overlapping tenures or the appointment of a second DPP while the first remains in office, raising serious questions regarding prosecutorial independence, the rule of law and public finance governance.
Nyasulu has sued the Solicitor General and Secretary for Justice, the DPP (Maele) and the Attorney General as first, second, third and fourth defendants in the case.
