Malawi Law Society calls for adherence as court rejects Chinese national case
The Malawi Law Society (MLS) has stated that the High Court’s rejection of the Anti-Corruption Bureau’s (ACB) request to halt the prosecution of Chinese National Lin Yinhua serves as a crucial reminder for authorities to adhere to the appropriate procedures governing such actions.
Yunhua is currently in prison in Malawi on remand. After serving four years of a 14-year sentence, he was granted a controversial presidential pardon in 2025, but was immediately re-arrested on fresh corruption charges.
MLS Honorary Secretary, Francis Mmame, expressed his views on the ruling made by the High Court in Lilongwe, where Judge Redson Kapindu indicated that the application was a misuse of time and resources, emphasizing that the state possesses the authority to terminate such cases without court involvement.
Mmame recommended that the nation should consider amending certain constitutional provisions that dictate how cases can be discontinued, pointing out existing gaps in the legal framework regarding the withdrawal of criminal cases.
In a related note, Willy Kambwandira, Executive Director of the Centre for Social Accountability and Transparency (CSAT), praised the ruling, highlighting that it serves as a reminder for authorities to ensure transparency when terminating high-profile cases.
The ACB had sought to discontinue the criminal proceedings against Yunhua following a directive from the Director of Public Prosecutions (DPP), Fostino Mayere.
