Former president Peter Mutharika’s personal bodyguard, Norman Chisale, has filed an application challenging the jurisdiction of High Court Judge Madalitso Chimwaza, who is handling his certificate fraud case at the magistrate’s court.

Apart from the jurisdiction challenge, Chisale has also filed three more applications. He is seeking the disclosure of the alleged certificate, the recall of State witnesses for cross-examination, and a court order for attendance processes.

Through his legal team, Khonyongwa and Associates, Chisale argues that the current court proceedings create legal uncertainties regarding potential appeals and reviews. He questions where he would appeal if convicted and how he would seek a review without clear legal provisions. His lawyers cited Section 165 of the Criminal Procedure Code, which provides for the transfer of cases between magistrates. However, they argue that there is no clear provision guiding a judge who continues a case they started as a magistrate.

Chisale also argues that he cannot properly defend himself without access to the alleged certificate. He has requested the court to order the Malawi Defence Force (MDF) to provide a copy of the document.

The State, through Director of Criminal Litigation Josephine Gwaza, has strongly opposed Chisale’s applications, dismissing them as delaying tactics. Regarding Judge Chimwaza’s jurisdiction, Gwaza argued that the law allows judges to continue handling cases even after being promoted. She also pointed out that the same applies to High Court judges who are later appointed to the Supreme Court.

On the certificate disclosure request, Gwaza stated that the prosecution does not have the original document but that witnesses have already presented a testimonial and results sheet from Maneb (Malawi National Examinations Board). She further argued that Chisale should produce the certificate himself, stating, “The accused has the original certificate since he was the one who presented it during recruitment—let him produce it.”

In January 2024, the Lilongwe Chief Resident Magistrate’s Court ruled that Chisale had a case to answer on three charges: personation of a named certificate holder, presenting false information to a public officer, and intimidation.

Chisale, who was arrested in 2020, is accused of using a Junior Certificate of Education (JCE) belonging to Thomas Gilbert Chaona.