Supreme Court of Appeal Justice Ivy Kamanga has allowed social media activist Joshua Chisa Mbele’s defamation case to go to the Constitutional Court, describing the application by the state to block the move as an abuse of the court process.
Kamanga has made the ruling today on the state’s application seeking a stay of the High Court’s ruling that referred the case to the Constitutional Court.
Justice Kamanga in her ruling said the State’s application lacked merit. She also described the application as baseless, vexatious, frivolous and an abuse of court’s process.
Mbele’s lawyer Gilbert Khonyongwa said the case is now expected to be certified as a constitutional case.
Representing the State, Limbikani Msiska, Senior State Advocate, said the state will also be at the constitutional court to argue its case.
Mbele was arrested after he posted on Facebook earlier this year a document which alleged that Malawi Defence Force Commander General Vincent Nundwe was one of the people who allegedly sourced money from businessman Zuneth Sattar. Mbele deleted the post a few minutes after posting it.
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