By Chisomo Phiri
The High Court in Lilongwe has dismissed an application by Norman Chisale seeking to have his criminal case referred to the Chief Justice for certification as a constitutional matter.
Chisale is answering charges of personation of a person named in a certificate contrary to Section 391 as read with Section 358 of the Penal Code, presenting false information to a public officer contrary to Section 122(a) of the Penal Code, and intimidation, contrary to Section 88(1)(a) of the Penal Code.
The charges date back to 1996 and 2010.
He had argued that the 28-year delay in prosecuting the matter infringed on his constitutional right to a fair trial particularly the right to be tried within a reasonable time and to effectively challenge evidence.
In a ruling dated September 2, 2025, Justice Kondwani Banda observed that although the Courts Act does not expressly provide a procedure for magistrates to refer constitutional questions to the Chief Justice, the High Court retains inherent jurisdiction to ensure access to justice is not denied.
However, the judge held that Chisale’s application did not meet the threshold for certification as a constitutional matter.
The State, in its submissions, maintained that prosecution of the case only commenced in 2020 and argued that delays were partly caused by Chisale himself through numerous applications and appeals.
Reads part of the ruling:“Without going much further, it is upon considering the affidavits of both parties in support and against, and further upon hearing the parties, that I find the matter not fit to be referred to the Chief Justice by this court for certification as a constitutional matter. For the avoidance of doubt, this application is dismissed with costs.”
Speaking after the ruling, Chisale’s lawyer, Gilbert Khongongwa, said he is still consulting his client on the next course of action.
