The graft-bursting body, Anti-Corruption Bureau (ACB) arrested Chilima on November 25, 2023 accusing him of receiving $280,000 (approximately K294.9 million) from British businessman Zunneth Sattar to allegedly influence awarding of public contracts to Sattar’s companies.

He was granted bail on the same day by the Lilongwe Chief Resident Magistrate Court after paying K1 million bail bond and surrendered his passport. He also committed to be reporting to ACB offices every three months and seeking court approval each time he intends to travel.

On Wednesday his lawyer Khumbo Soko applied to have the bail conditions removed arguing they served no purpose.

“My lord, it serves no purpose, justification or satisfaction for a sitting vice president to go to the ACB, show his papers to a receptionist and return unless the aim is just to humiliate him,” said Soko.

He further argued that each time his client [Chilima] wants to travel outside Malawi it is usually of public knowledge and that he informs the president.

Soko also said Chilima, as vice president, is always surrounded by his security detail who are police officers and cannot leave the country without their knowledge, hence no need for his passport to be in custody of the court and that each time he wants to travel he should be seeking court approval.

However, the state objected to the application insisting the bail conditions should be maintained.

Lead prosecutor, Chrispine Khunga who is director of legal and prosecutions at ACB told the court that it was necessary for Chilima to continue reporting once every three months to the ACB for them to be sure he has not escaped.

Said Khunga, “we need to be sure that the accused person is always in the country, and the only sure way to do that is for him to continue reporting to our offices.”

He further said reporting to ACB every three months was not too much as it only meant four times a year.

“My lord, the burden of demonstrating that bail conditions are excessive, rests with the court. The three months we are talking about translates to four times a year and this is not excessive.”

On this, Khunga cited the case of former vice president Cassim Chilumpha who he said, at the time as sitting vice president, was required to report to police every week when he was answering treason charges.

Khunga also told the court that the police officers could not be relied on to make sure Chilima does not escape.

There were moments when presiding judge Redson Kapindu had to ask questions to understand points both parties were trying to advance.

For instance, the judge asked the defense what would happen if Chilima asked his security detail for some privacy and that he should not be followed, “would the police officers defy him, considering his position?”

Lead defense lawyer Kalekeni Kaphale responded to the police report to the Inspector General and in such events, they would do the same, adding it was not possible for Chilima to ask for some privacy for three months.

The defense team also said the police are under oath hence could not take orders that are not in line with the law.

When the state objected that variation of bail conditions could not be granted eight months after the arrest, the judge asked for an explanation on what would happen in the unlikely event that the president was incapacitated and that Chilima, as vice president was to assume the position of president, “would he be required to come to court and apply for variation of bail conditions for his case or they would the automatically fall away.”

Former Attorney General Kaphale from the Chilima defense team jumped in to cement their justification for the court to vary the bail conditions saying it was possible for a person to be on bail without conditions.

Kaphale made reference to the same example cited by the state of former vice president Chilumpha saying he is on bail for treason yet he is free to carry on with his life including conducting political rallies and participating in elections.

Meanwhile the court has reserved its ruling on the bail conditions variation application to 1 August 2023 at 10 o'clock.

This is the day Chilima will also take plea and the court is expected to give directions.

Earlier in the day, the court also heard from lawyer Ian Malera that he would like to file an application on behalf of Zodiak Broadcasting Station requesting the court to grant the media house rights to broadcast proceedings of the case live.

Judge Kapindu has granted Zodiak permission to file the application and that at a later date, he would communicate the day the court would hear the application.