Mphwiyo Shooting Case: Mphwiyo Appointment Came With Surprises-Jenya

An economist from Ministry of Finance, Daniel Jenya has told Lilongwe High Court on Wednesday that he noted excessive Government expenditure beginning first month of Paul Mphwiyo appointment as budget director which led to internal investigations of the cause.

Jenya is another witness of first accused, McDonald Kumwembe a suspected shooter in the ongoing case of attempted murder of Paul Mphiwyo. Kumwembe is answering the case together with former Justice Minister, Raphael Kasambara and Pika Manondo.

The witness told the court that in 2013, he was working in the Ministry at Macroeconomic Policy Unit where he was among others, responsible for, compilation, analysis fiscal tables.

When asked by the first accused on what happened immediately when Paul was appointed as budget director, Jenya said he observed unusual rise in the Government monthly expenditure of below K40 billion exceeding levels in months of July and August alone which raised eyebrows of officials from Ministry of Finance.

He said the expenditure in the month of July unexpectedly went up from below normal expenditure to 55 billion while the month of August it went up to K75 billion.

He testified that, he had at one point spoke to Paul Mphwiyo of the development but his response seem he was as well surprised, but, was quick to question why there was no inflation if Government expenditure had exceeded its ceiling between those months.

He said this forced officials including those from Reserve bank of Malawi, Treasury and Ministry of Finance to hold several meetings in order to determine the cause.

It was through one of the meetings he said, where he learnt that there were huge payments made to the Malawi Defense Force (MDF) and during that meeting Mphwiyo acknowledged such expenditure a development which did not only surprise him knowing that the same Mphwiyo had earlier expressed ignorance of where the expenditure came from but as well that such expenditure was never budgeted for.

Jenya said he learnt from the meeting that the MDF expenditure was for the procurement of equipments for Peace Keeping mission and arms. 

However, he pointed out that the meeting agreed that the RBM would send the Treasury and Accountant general, images of cheques above K50 million for the accountant general to reconcile with their expenditures. But he said the images were provided the following day of the meeting and such reconciliation was never done and that the meeting had also raised the issue of porous financial system.

Jenya said he noted from the images of cheques that there were huge payments from Office of the President and Cabinet (OPC) to International Procurement Services and that in Malawi Defence Force there was several cheques printed on the same dates to the same supplier.

He also told court that at one point it came to be known in the meetings’ that even the Ministry of Information had exceeded its expenditure from appropriated K307 million to K5.3 billion between July and early September.

He said Mphwiyo was shot as the investigations into the expenditure were continuing.

Jenya said he grew suspicious of Paul Mphwiyo appointment as budget director in May for the subsequent immediate and unusual enormous public appraisal about him through media articles yet the post is a low profile.

He also told Court that it surprised him to hear from radio that President Joyce Banda had publicly defended Paul Mphwiyo by pronouncing that the young budget director was possibly shot because his assailants were enraged by his actions of trying hard to seal all financial loopholes in Government, a statement Jenya believes should have either been made by Mphwiyo’s office or the ministry of information.

The second part of the testimony was heard in camera as the Prosecution deemed part of the testimony as sensitive since it involved issues of tenders of supplying arms to Malawi Defense Force.

Another Government officer who happened to be Jenya's boss Mr. Juwawo also his testimony was heard in camera.

Mphwiyo Shooting Case: Kasambara Former Chauffer Contradicts Housemaid Testimony

Chauffer of then Justice Minister, Raphael Kasambara testimony before Lilongwe High Court on Tuesday, denys’ witness of a former housemaid of Kasambara on events that took place a day after Paul Mphwiyo was shot.

The driver, Fostino Chimwaza told the court that in the morning of 14th September 2013, went to Kasambara’s house and found Mercedez Benz silver in color parked in front of Kasambara’s house contradicting last year testimony of Jessie Mussa, former housemaid of Kasambara who informed court that the very same day, that vehicle was hidden parked behind Servant Quarters and it had its number plates removed. 

The former driver also told court that that morning he drove wife of Kasambara to Kasungu opposed to former housemaid claim that on that day she was with Kasambara’s wife at Lilongwe Golf Club and that while there, Kasambara’s wife told her that the man she saw at home the previous day evening is Paul Mphwiyo and has been shot.

However, the driver’s testimony indicates that with Kasambara’s wife he spent whole day in Kasungu attending burial of nephew to the country’s then First Gentleman, Richard Banda (husband to former president Dr. Joyce Banda). 

He said, they arrived back in Lilongwe around 6 pm and that it could have not been possible for Kasambara’s wife to go to Lilongwe Golf Club with her child and the housemaid.

Former Justice minister, Raphael Kasambara is answering charge of conspiracy of attempted murder of former budget director Paul Mphwiyo on 13th September 2013. While Pika Manondo and McDonald Kumwembe are answering the same charge together with the charge of attempted murder.

The former housemaid was also on record in her last year testimony that she saw on 13th September 2013 the man who was later revealed to her as Paul Mphwiyo arriving at Kasambara’s house with a bag which contained huge sums of money.

She further told court that she was unceremoniously fired by Kasambara and while on her way home, she got a phone call from Kasambara’s wife warning to zip her mouth on what she saw at Kasambara’s house and anything related to Paul Mphwiyo shooting because Kasambara was not involved in the shooting.


Arms Deal And Government Plot Against Kasambara

Dauka (in black shirt and drinking water)

Earlier the court heard astounding testimony from Dauka Manondo who was acquited in the case saying the Paul Mphwiyo shooting is related to arms deal and that the interest of Government in the case is only to bay for blood of Raphael Kasambara.

Dauka disclosed to Lilongwe High court that his brother Pika Manondo together with Paul Mphwiyo had a deal of supplying ammunition to the Malawi Defense Force. He said his brother travelled together with Mphwiyo to South Africa on 6th September and came back on 10th September 2013 (according to Pika travel documents) for the said arms deal and he returned three days before the shooting.

He explained during examination by his brother Pika who is representing himself that on 14th September 2013 him (Dauka) called his brother Pika if he knows who might be the shooter and possible reason.

"I asked you (Pika) who do you think has shot Paul Mphwiyo, you answered that this was probably the issue related to the arms deal and that the person had wanted money." Said Dauka

Paul Mphwiyo was shot at the gate of his house in area 43 around midnight of 13th September 2013.

Dauka explained that him as close friend to Paul Mphwiyo is aware of security cameras at Paul Mphwiyo residence which were functional and could have captured the shooting incident at his gate.

But when Pika asked Dauka if during his arrest he ever tried to tell Police to check on security cameras Dauka replied  he did and was told that "they were only interested in financier of the shooting as they already knew who shot" and about CCTV they just laughed before saying "they know it" and disclosed that this was said by the police officer named Maurice Makwinja.

He then disclosed that after his bail, he was called to Kanengo police, by Maurice Makwinja. He said Makwinja told him, that, then Director of Public Prosecution (DPP), Bruno Kalemba wanted to meet him but he refused "because I was so bitter with my arrests"

He then said he was told that "I will and you (Pika) suffer because we are not cooperative to be state witness against Kasambara who Kalemba was after for"

During questioning by Kasambara, Dauka repeated that he refused to meet Bruno Kalemba because he was very bitter, since Kalemba "wanted me to be witness to testify against you and convince Pika to testify against you as they said you were the main target"

Mphwiyo shooting Case; Kumwembe Wants Friday Jumbe As Kasambara Goes To Supreme Court Again

Mcdonald Kumwembe suspected shooter in the attempted murder of former Budget Director Paul Mphwiyo, has asked court to summon to court Mr. Friday Jumbe, former Minister of Finance as his witness.

Kumwembe also mentioned former Peoples Party spokes person, Patrick Gada and Robert Asumi to be among the list of his witnesses. 

The accused however, rescinded his earlier decision to have two policemen, Mr. MacLean and Mr. Thengo in court as witnesses because of the nature of their job. 

Towards the end of hearing of the case on Friday, there was bail application from Raphael Kasambara of which the ruling by Judge Michael Mtambo will be delivered to towards the week ending on 18th December 2015 through emails.

Kasambara served the court with notice that he is once again appealing to the Supreme Court of Appeal, now to a panel of three judges after his first attempt which was presided by a single judge got dismissed.

The High Court revoked bail of Kasambara over noncompliance to his bail conditions and he appealed the decision to the Supreme Court before a single judge but it was dismissed.

The Court Sets 4th and 5th January 2016 as dates for the continuation of the case.

The defense hearing resumed sitting on Thursday, 10th December till afternoon of Friday, 11th December 2015 at Lilongwe High Court. On Thursday the State continued and finished to cross-examine First Accused McDonald Kumwembe after which Raphael Kasambara started cross-examining the witness up to Friday.

However during cross examination by Kasambara who is the third accused in the case, Kumwembe told the court that the state has no evidence linking him to the shooting as there is nowhere in all the 3 affidavits that were among the people former budget director Paul Mphwiyo had mentioned in all his three caution statements.

Kumwembe is the first accused in the Mphywiyo shooting case to enter defense. He was charged together with Pika Manondo of Attempted Murder and Conspiracy to Commit Murder of Formwe Budget Director Paul Mphwiyo while Raphael Kasambara is answering one count of Conspiracy to Commit Murder.

ACB Calls For Patriotism Ahead Of Commemorations

The Anti-Corruption Bureau (ACB) has encouraged citizens to continue working with the Bureau in the fight against corruption.

Senior Public Relations at ACB, Egrita Ndala made the call ahead of International Anti-Corruption Day commemorations scheduled for 17th December 2015 at Chisitu ground in Mulanje district.

Speaking in an interview, Ndala noted with gratitude the encouraging support and participation the Bureau got from people this year in the fight against corruption. Among others she said people were able to provide the Bureau with tips, able to cooperate when being interviewed as well as being available to Court when asked to.

“We see that there is that participation from people, but what we would want to ask is patriotism because this fight is not for ACB alone, but is for everyone. So we would like everyone to be patriotic, to love their country and take part in the fight against corruption by not engaging in it.” She said

While adding encouraging people to continue reporting to ACB on any suspected corruption acts, Ndala also urged Malawians to take part in civic educating others on dangers of corruption to the country. 

“They can also educate others on importance of desisting, rejecting and reporting corruption because sometimes people do things out of ignorance, so they should us help in educating people that practicing corruption is evil and bad to our country.” urged Ndala

The ACB is commemorating International Anti-Corruption Day on 17th December 2015 at Chisitu ground in Mulanje district under theme ‘Patriotism Key to Fighting Corruption’. Initially the Bureau planned to commemorate this year’s event on 9th December  at the same venue.

The Bureau used to commemorate the National Anti-Corruption Day on February 5, but they changed to December 9 to match with the World Corruption Day.

Cashgate Case: High Court To Rule Wyson Soko 'Appeal' On Conviction, Sentence

Wyson Dzinyemba Soko serving his seven and half years imprisonment was back in court on Wednesday morning, appeared before presiding judge, Justice Lloyd Muhara for appeal hearing against his conviction and sentence.

The former Deputy Youth Director for Malawi Congress Party (MCP) was on 28th January this year handed a prison sentence after being found guilty of siphoning K40.9 million from Ministry of Tourism through his Wymbaso General Dealers on charges of theft and money laundering.

On conviction Soko through his lawyer Robert Kadzakumanja said there is no evidence to support the conviction of theft and money laundering charges.

"Evidence given was insufficient to warrant conviction" said Kadzakumanja while on sentence, he argued that it is excessive and it must be reduced assuming that the conviction will be sustained.

Early this year, when Soko was being sentenced by Senior Resident Magistrate Patrick Chirwa, the Magistrate in its Judgement directed that the two sentences should run consecutively. But Mr. Soko's argument in his appeal is that would like two sentences run concurrently.

However, Prosecution lead by Enoch Chibwana argued that the conviction on both counts (theft and money laundering) is safe because there is sufficient evidence.

Among others the State said Soko's bank account statement indicates that he received Cheque from Government through his company Wymbaso General Dealers yet  rendered no service and that he admitted of the transaction.

"The state is contented that the conviction on theft was appropriate and justified. With regard to conviction of money laundering the applicant received money with full knowledge that it was proceeds of crime. His actions to proceed to deal with the money accounts to money laundering which is under section 35 subsection 1 of subsection C of Money Laundering Proceeds of Serious Crimes and Terrorist Financing Act... The applicant is correctly convicted of money laundering." Argued the state

On the issue of sentence, State argued that the sentence "is not excessive and is reasonable" considering the reasons the lower court gave when passing the sentence which includes the economic problems and interrupted services from Government following his participation in the looting of public money.

The state further said "there is nothing wrong in the magistrate giving him consecutive sentences because that is acceptable at law as long as the court gives reasons" which the magistrate gave reasons why he opted for consecutive sentences.

"Our appeal therefore is that this appeal hearing should be dismissed in its entirety and costs be awarded to State" pleaded the state

In his application, Soko is also asking court to consider his dettoriating health which the state said there is no sufficient evidence.

Meanwhile, the matter has been adjourned for judgement to a date to be fixed by the court.

Wyson Soko was charged and convicted of two counts of Theft and Money Laundering; on theft he was given four years while for money laundering he was handed three and half years.

Wyson Soko pleaded not guilty to all two charges of Theft and Money Laundering and he  become a third convict to get a prison sentence since the commencement of prosecution of Cash gate cases.

During his trial, Soko named Godfrey Banda as the person who deposited the cheques to Wymbaso General Suppliers but was coy to reveal more details of that person

Government Not Shielding Anyone From Cashgate Prosecution - Tembenu

Government has quashed ‘cashgate suspects shielding’ assertions by some  Civil Society Organisation leaders.

On Wednesday last week, some of the renowned CSO leaders issued a press statement which claims that President Peter Mutharika’s administration is giving immunity to some public officers who were involved in plunder of public coffers dubbed cashgate. The letter also called for Mutharika resignation for poor democratic and economic governance.

“We have also seen a country fast receding into an old-age political and economic malaise: A country where pursuit of corrupt cases alias cash-gate is highly skewed towards offering immunity to those in power while coming the hardest on the weak.” Reads part of the statement by the CSO’s

They asked Government to do better on dealing with cash-gate, by among others, “commencing investigations on all those linked to the plunder of public resources from 2005 to 2012.  Politically motivated pursuit of cash-gate cases will not offer justice on the matter. We need a legal process on the public resource plunder that does not side with senior public servants and the administration’s cronies.”

Tembenu

However, responding to the claims on Tuesday, at an interface meeting between Ministers and CSO’s, Minister of Justice and Constitution Affairs, Samuel Tembenu described the statement “Devoid of substance”

“They haven’t come out clearly to indicate that government has given immunity to Mr. So, so so” said Tembenu

“On interest of Justice, we should make statement that is based on facts and evidence” urged the Justice Minister who further reminded CSO’s that public officers were arrested in connection to Cashgate where some have been already been convicted of the crime.

Also reacting to claims that government is failing to swiftly carryout an investigation and arrest culprits involved in plundering of the alleged K92 billion audit query for the period between 2005 to 2012 (now famously known K577 billion audit query), the Minister said Government in the mean time has no sufficient evidence that it can arrest individuals and companies involved in K92 billion scam because the audit query by Waterhouse Coopers is not a full audit report and contains no evidence against anybody.

However, Tembenu said once a full forensic audit is done just like was the case with Baker Tilly then government will have all the necessary evidence to begin arresting and prosecuting anybody linked to the theft.

“We cannot take someone to court without any sufficient evidence.” He said

Tembenu highlighted that at the moment Malawi Government is making headway in the prosecution of cases of Cashgate currently in court because there is a forensic Audit report by Baker Tilly which has all the evidence against suspects. He therefore said suspects are pleading guilty just because government is able to bring to court sufficient evidence against suspects.

Cashgate: Soko to Face His Fate on Thursday Next Week

Senior Resident Magistrate Court in Lilongwe is expected on Thursday next week 13^th November to pass sentence to a Deputy Director of Youth for Malawi Congress Party (MCP) Wyson Zinyemba Soko whose crime is connected to cashgate.

Soko is a third cashgate convict after conviction and sentencing of former Principle Secretary in the Ministry of Tourism Tressa Namathanga Senzani to three years and nine month imprisonment. And Patrick Victor Sithole a former Accounts Assistant on Tuesday this week was sentenced to 9 years imprisonment both on cashgate cases.

Cashgate: Sithole Gets 9 Years Imprisonment

Plot To Plunder govt coffers

The Lilongwe Senior Resident Magistrate Court has on Tuesday sentenced one of the cashgate convict Victor Patrick Sithole to nine years imprisonment for being found guilty of money laundering, found in possession of foreign currency illegally and found in possession of property suspected to have been stolen.

Sithole was the first person to be arrested in September last year in connection to cashgate when police impounded in his house and found him with foreign currency, of South African Rand's R122, 200 and, US$31, 000, and was also found with MK112 Million cash.

Full Cashgate Report With Names Released To The Public: Now In Hands of Malawi Media

Malawi Ministry of Justice and Constitution Affairs has finally presented to the Media through Ministry of Information the Baker Tilly audit report which contains full names of the suspected cashgate looters.

Minister of Justice and Constitution Affairs Samuel Tembenu has finally submitted the Baker Tilly Cashgate report containing names of suspected individuals and companies who looted public coffers on Thursday evening in Lilongwe through the Minister of Information Kondwani Nankhumwa.

The Justice Minister said, this report has full names of companies and individuals involved in cashgate and is "still intact in a PDF file format" as it was received, therefore nobody has manipulated any information from it.

Cashgate; Makande, Chioko On Bail

The Lilongwe Chief Resident Magistrate Court has granted bail to Hophmally Makande on Money Laundering charge.

Makande is being represented by Ralphael Kasambara and has been formerly charged with aiding laundering of K2.1 Billion stolen by Paul Mphwiyo and other suspects.

According to the charge sheet the accused "between months of April and September 2013 aided Paul Mphwiyo, Michael Mphatso, Maxwell Namata, and Leonard Kalonga to launder K2.1 billion"

Cashgate: Christopher Tukula Granted Bail

The chief resident Magistrate court in Lilongwe has granted bail to Christopher Tukula a Asset Declaration Director who was arrest by ACB.

Tukula has pleaded not guilty to all two charges that ACB has formerly charged him.

Mr. Paul Mphwiyo and his wife Thandie are still in the same court waiting on their formal charge.

Cashgate: ACB Arrests Hophmally Makande In LL

The Anti-Corruption Bureau has today, 21 October, 2014, arrested Peoples Party official, Mr. Hophmally Makande.

According to ACB statement Mr. Makande has handed himself over to the Bureau in Lilongwe after he heard that ACB officers were looking for him in Blantyre.

Mr. Makande has been arrested for a suspected charge of conspiring to defraud Government contrary to Section 35 of the Corrupt Practices Act.

This arrest ACB says is in relation to the ongoing investigation into cash gate.

According to the bureau "He will be taken to Court after the Bureau has recorded a caution statement from him."

Last week alone ACB arrested Mr. Christopher Tukula, Asset Declaration Director and the former Budget Director Mr. Paul Mphwiyo and his wife Thandie.

Cashgate: ACB Happy With 3Yr Sentence For Senzani

The Anti Corruption Bureau (ACB) has expressed its contentment of the verdict passed to the top cashgate convict Tressa Namathanga Senzani on Tuesday 7th October 2014.

Senzani a former Ministry of Tourism Principle Secretary has been sentenced to 3 years imprisonment on money laundering charge and 9 month imprisonment on theft of up to K63.5 million.

Deputy Director for ACB Reyneck Matemba who has been a lead prosecutor in Senzani case said the custodial sentence given to Senzani is a step ahead in prosecution of Cashgate cases.

Cashgate: Senzani Sentence This Tuesday

The Lilongwe High Court Judge Justice Ivy Kamanga has on Monday 6th October 2014 failed to pass sentence to the first Cashgate convict Tressa Namathanga Senzani because the judgment was not ready till late hours of the day.

But Justice Kamanga has told the Defense and State lawyers in her chamber on Monday evening that she had throughout the day preparing the sentence but could not pass it on the same day because she finished at late hour.