By Chancy Namadzunda:
State has suffered a first defeat to businessman Joshua Chisa Mbele after the Supreme Court of Appeal (SCA) threw out it’s application to stay a lower court’s ruling.
The State, represented by Senior Advocate Limbikani Msiska wanted the Court to stay High Court’s ruling that refered to the Constitutional Court Mbele’s criminal defamation case.
In her ruling delivered on Friday, SCA Justice Ivy Kamanga dismissed the application describing it as lacking merit, Baseless, Vexatious, Frivolous and an abuse of Court’s process.
Speaking to MIJ Online, Gilbert Khonyongwa lawyer representing Mbele said the ruling means the certification process will continue.
Representing the State, Limbikani Msiska, Senior State Advocate said the State is looking forward to argue its case when the matter is certified as a constitutional case
Malawi Defence Force Commander General Vincent Nundwe dragged Mbele to Court for criminal defamation for his Facebook post which suggested that Nundwe corruptly received money from businessman Zuneth Sattar.
Chisa Mbele later brought down the post and apologised.