Principal Resident Magistrate Viva Nyimba has quashed bail conditions for Charles Mchacha, Lloyd Muhara, Symon Vuwa Kaunda and Bright Kumwembe because the Anti-Corruption Bureau (ACB) is yet to get consent from Director of Public Prosecutions.
Mchacha, Kaunda, Muhara and Kumwembe are accused of illegal sale of government land belonging to Kanjedza Forest in Blantyre.
The accused are still on bail but the conditions that were attached have been removed.
The court has also declared invalid a certificate for summary proceedings that was signed by the recently appointed Director of Public Prosecution Steve Kayuni. Kayuni is yet to be confirmed by Public Appointments Committee of Parliament.
Principal Resident Magistrate Viva Nyimba has ruled that all corrupt charges that former Chief Secretary to the Office of President, Lloyd Muhara, former cabinet ministers, Symon Vuwa Kaunda and Charles Mchacha as well as that of Secretary of Defence Bright Kumwembe are answering must start again and be brought to court because the certificate for summary proceedings from Director of Public Prosecution (DPP) was invalid.
Nyimba has agreed with the defence that currently, there is no Director of Public Prosecutions (DPP) confirmed by the Public Appointments Committee (Pac) of Parliament.
He has also directed the Anti-Corruption Bureau to amend all the criminal charges before they proceed.
Principal Resident Magistrate Viva Nyimba has reserved his ruling to Thursday on whether to commit to the High Court a case involving former Chief Secretary to the Office of President, Lloyd Muhara, former cabinet ministers Charles Mchacha and Symon Vuwa Kaunda as well as Secretary to the Ministry of Defence, Bright Kumwembe.
Nyimba is also set to give a ruling on the submission by the defence lawyers asking the court to release the four unconditionally on the basis that 14 days have gone since their arrest without a written consent from the Director of Public Prosecutions.
The state made an application to commit the matter to the High Court, an application the defence objected.
Lloyd Muhara former Chief Secretary to the Government is expected to appear in court today to be formally charged after he was arrested by the Anti-Corruption Bureau (ACB) Yesterday.
Muhara surrendered himself to the ACB in response to a warrant of arrest for his alleged involvement in a fraudulent land purchase deal.
Earlier, the ACB netted former cabinet members Symon Vuwa Kaunda and Charles Mchacha as well as Defense Ministry PS Bright Kumwembe over the same case involving the sale of Kanjedza Forest Reserve.
The matter came to light in February through a complaint to the ACB alleging that the Department of Lands had procedurally leased forest reserve land to Mchacha.
Malawi: ACB Quizzes Muhara Over Corruption, Abuse of Office - in Court Today allafrica.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from allafrica.com Daily Mail and Mail on Sunday newspapers.