Malawi High Court to rule on DPP appointment constitutionality

The High Court of Malawi in Lilongwe is set to deliver a ruling regarding the constitutionality of Fostino Maele’s appointment as Director of Public Prosecutions (DPP).

Senior Counsel Kamudoni Nyasulu has challenged the appointment, arguing that when Maele was appointed in November 2025, there was no vacancy in the office. Nyasulu contends that the previous holder, Masauko Chamkakala, was serving a term that does not expire until December 2027. The legal challenge asserts that the Constitution does not permit concurrent holders or overlapping tenures for the position of DPP.

In addition to the constitutional question, Judge Anneline Kanthambi is expected to rule on whether to grant a request to refer the matter to the Chief Justice for certification as a constitutional issue. The judge will also consider an application for a stay of proceedings in a judicial review case concerning the discontinuation of legal cases by Maele since his appointment.