By Linda Kwanjana
On Monday former bodyguard to the recent past Malawi President Peter Mutharika went on air on Zodiak Exclusive program.
By the look of things Norman Paulos Chisale had well planned to go flat out to castigate Government officials calling them names.
Chisale used words like “Chiminister” which was even not allowed in broadcasting as well as words like “bullshit”.
Chisale is supposed to know that he is not above the law. Being the former bodyguard and military officer does not warrant him to think that he is beyond laws of Malawi.
The Malawi Constitution and the Penal Code has no face and the do not look at who is who. Chisale should be aware that he is under investigation and no one is supposed to go to the media until all cases are done.
Contempt of court.
Lets get into details in examining if Chisale is committing court contempt or not and its consequences.
Contempt of court, also referred to simply as “contempt” is the disobedience of an order of a court. Additionally, conduct tending to obstruct or interfere with the orderly administration of justice also qualifies as contempt of court.
Civil Procedure and Evidence Rules says that a party that fails to perform a specific act, in accordance with a judgment by a court, can be charged with contempt and subsequently penalized.
The purpose of recognizing contempt of court is to secure the dignity of the courts and the uninterrupted and unimpeded administration of justice.
According to the law literatures punishments for contempt include imprisonment and fines. However, according to the Supreme Court, civil contempt penalties are conditional. One who is punished for civil contempt can avoid the punishment by doing as the court ordered and is therefore described as “carrying the keys of their prison in their own pocket.”
This is the best time Chisale should be aware of all this by remaining within the rearm of the law since no one is above the law.
