Muluzi to explain source of wealth

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Muluzi

Former President Bakili Muluzi will be forced to explain the source of his wealth following a Constitutional Court ruling delivered today.

The Constitutional Court in Blantyre has ruled that Section 32 of the Corrupt Practises Act (CPA) is valid hence the former president cannot choose to remain silent during his trial.

Muluzi
Muluzi required to explain the source of his wealth.

A panel comprising Justice Dingiswayo Madise, Justice Dorothy Nyakaunda Kamanga and Judge Jack Nriva delivered the ruling this morning.

Muluzi, 74, is suspected to have stolen K1.7 billion when he ruled Malawi between 1994 and 2004.

The former president is accused of diverting the public funds to his personal account. He is now facing fifteen corruption related charges.

In 2011, Muluzi’s lawyers applied to the Constitutional Court to determine the constitutionality of Section 32 of the CPA, which puts the burden on the accused to prove their innocence against the general principle where the burden lies in the hands of the state.

His lawyers described the state’s demands that Muluzi should explain origins of his wealth as an infringement on his constitutional right to remain silent.

Today, however, the panel of three judges ruled that the section is constitutional hence Muluzi can be asked to prove his innocence.

Reacting to the ruling, defence counsel Tamando Chokotho said they will contest the judgment and obtain a stay order on the judgement.