# Malawi Director of Public Prosecutions appointment challenge

> Live situation record from CLSTR: https://clstr.news/situations/malawi-director-of-public-prosecutions-appointment-challenge
> Updated: 2026-09-05T06:19:00.000Z. Sources: 3. Developments: 2.

In Malawi, the High Court addressed a legal challenge regarding the constitutionality of Fostino Maele’s appointment as Director of Public Prosecutions (DPP). Senior Counsel Kamudoni Nyasulu argued that Maele’s appointment in November 2025 was invalid because the previous office holder, Masauko Chamkakala, was not scheduled to complete his term until December 2027. The challenge asserted that the Constitution does not allow for overlapping tenures for the position.

In a subsequent ruling, Justice Anneline Kanthambi dismissed an application for judicial review related to the appointment and the discontinuation of certain legal cases. The court ruled that the matter was based on a private contract and was therefore not suitable for judicial review.

## Timeline

### 2026-09-05: High Courts issue rulings on Kenyan tender advisory and Malawian DPP appointment

High Courts in Kenya and Malawi have issued significant rulings: Kenya's court invalidated an AG advisory on a digital tender, while Malawi's court dismissed a challenge against the DPP's appointment.

2 sources. https://clstr.news/cluster/high-courts-issue-rulings-on-kenyan-tender-advisory-and-malawian-dpp-appointment

### 2026-08-31: Malawi High Court to rule on DPP appointment constitutionality

The Malawi High Court will rule on whether Fostino Maele’s appointment as Director of Public Prosecutions is constitutional, following challenges regarding overlapping tenures.

2 sources. https://clstr.news/cluster/malawi-high-court-to-rule-on-dpp-appointment-constitutionality

---
Cite as: Malawi Director of Public Prosecutions appointment challenge. CLSTR, https://clstr.news/situations/malawi-director-of-public-prosecutions-appointment-challenge