In a troubling display of institutional disregard for the rule of law, the State has openly defied a court order to provide mandatory disclosures in a criminal case involving former Minister of Trade Vitumbiko Mumba and Malawi Congress Party (MCP) spokesperson Jessie Kabwila, triggering a stern backlash from the court.

The two are facing charges of publishing fake news likely to cause public alarm, but proceedings were thrown into disarray when the State appeared in court unprepared and in violation of its own legal obligations.

When the matter came up for plea taking, defence lawyer Khwima Mchizi informed the court that the prosecution had failed to serve disclosures, a basic legal requirement necessary for the accused to understand the case against them and to prepare for plea.

The failure was not incidental. On 15 December, the court had explicitly directed the State to serve the defence with all disclosures before plea taking. More than a month later, the prosecution still had nothing to show.

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Presiding Senior Resident Magistrate Bracious Kondowe did not mince words. He faulted the State for blatant non-compliance and warned that the court would not tolerate disregard of its orders, stressing that judicial directives are not optional suggestions.

In a firm rebuke that underscored the gravity of the State's conduct, Magistrate Kondowe ordered the prosecution to serve the defence with full disclosures by 10 February 2026, making it clear that continued defiance would not be entertained.

In an explanation that only deepened concern, State Advocate Edward Partridge told the court that the prosecution was "still arranging" the documents and that they were not ready.

The admission laid bare a disturbing reality: the State dragged accused persons to court without being trial-ready, wasting judicial time, undermining due process, and exposing systemic weaknesses in prosecution standards.

Legal observers note that such conduct not only prejudices the accused but also erodes public confidence in the criminal justice system, particularly in politically sensitive cases where fairness and transparency are paramount.

The episode stands as yet another reminder that when the State ignores court orders, it is not merely a procedural failure -- it is an assault on the rule of law itself.