The defence counsel representing Chaponda, Rashid Tayub and Grace Mhango, who are yet to take plea on charges related to their role in the alleged dubious purchase of Maize from Zambia, on Thursday morning applied to the court to invalidate the warrant of arrest arguing the Anti-corruption Bureau (ACB) defiled some conditions in the warrant.

The defence filed three grounds to substantiate its case. It argued that the state through ACB had blatantly as well as disobeyed terms and prescriptions contained in the warrant. The defence counsel also argued that the ACB hugely undermined both the rule of law and the authority of the court.

But Chief Resident Magistrate Semion Mdeza, who ironically issued the contested warrant, has turned down the application ordering that the ACB should bring the accused to the court on Friday for further hearing on the matter.

The court’s ruling has put Chaponda and Tayub on the risk of remaining in police custody for a second night running.

On Wednesday, Dr. Chaponda and the Director of Trans-Globe Export Produce Limited Rashid Tayub spent their night at Blantyre Police Station while Grace Mijiga Mhango of Grain Traders Association slept at Lilongwe Police Station.

Dr Chaponda and Tayub were on Wedneday night taken from ACB offices where they were held for about 10 hours to Blantyre Police Station under heavy security.

Dr.  Chaponda is likely to be charged with corruptly performing public functions, misuse of public office and [illegal] possession of foreign currency contrary to section 25A (1), 25B (1) of Corrupt Practices Act and Regulation 25A (1) of the Exchange Control Regulations as read with Section 3 of the Exchange Control Act respectively.

Inquiries by a Joint Parliamentary Committee and a Special Presidential Commission recommended action against officers found guilty in the saga, observing that ADMARC opted for expensive maize from ZCF while it was possible to procure at relatively low prices locally or elsewhere.

Meanwhile, the Lilongwe Senior Resident Magistrate Court has granted bail to CEO of Grain Traders Association of Malawi Grace Mijiga Mhango who was also arrested in connection with the maizegate. Senior Resident Magistrate Shyreen Yona has granted the bail. Mhango, charged with forgery, was represented by Chrispin Ndalama.

As we went to the press on Thursday afternoon, lawyers for Chaponda were reportedly at the court applying for the bail.