National Assembly Approves K769.2 billion:

Appropriation Bill Expected This Afternoon

The Malawi National Assembly’s Committee of Supply has approved the Supplementary Budget of 2014/2015 Financial Year which the governement was seeking additional resources amounting to K32 billion.

The house in the morning of Tuesday has approved sum of K769.2 billion to be part of the Consolidated Recurrent and Capital Accounts for the purpose set out in the Revised Recurrent and Capital Estimates.

Afternoon of the day the house will convene to pass the Supplementary Appropriation Bill of 2014-2015 financial year.

The house approved 57 votes with two amendments on votes which were deferred on Monday; Directorate of Public Prosecution and State Advocate (DPP office) and Legal Aid Department. This follows a reversal of what Finance Minister said on Monday evening that he is not going to change figures for the deferred votes. However, The Road Fund Administration vote which was deferred on last week Friday has been passed with same figures which members had protested against.

Before passing the two amended votes, some parliamentarians expressed dissatisfaction that the Minister of Finance had announced the change without providing the House with Supplementary Order Paper to indicate the changes that were made.

This subsequently saw the Lilongwe Mapuyu-South Parliamentarian, Hon. Joseph Njobvuyalema and Former vice President of The Republic of Malawi who is also the legislature for Mzimba South-West, Khumbo Kachali standing on point of order, expressing that government has flouted procedure.

In an interview, Njobvu yalema said: “Fortunately government has admitted that indeed that, it flouted  procedure of Section 57 of the constitution, which states that, any amendment of to the budget figures or activities has to be in writing by the Minister of Finance himself”

“This time around he did not do it and am not happy that the Minister did flout the procedure.”

Njobvuyalema said, since the decision to continue with the verbal approval of the budget resources was a consensus of the whole house, which “is supreme” he is impatiently waiting to see that the Appropriation Bill to be presented this afternoon has all the two amended votes.

 

Goodall Gondwe

“I didn’t broke procedures,” Said Gondwe, justifying that this is why the supplementary budget has been approved.

On changes made to two votes Gondwe said: “I could have said the let things stay as they are. But I found that probably we should maintain the figure for the Director of Public Prosecutions by returning it to its approved figure and not reduce it by K50 million. Similarly, the Legal Aid Department, which its allocation was being reduced by K16 million has also returned to its approved figure.

“The total amount is K67 million and I am reducing the Statutory vote of compensation by that amount and increase the K67 million on the two votes and I reduced the Compensation amount and that’s how the whole budget balances” he said.

(Munthu Wakuda Leo contributed part of the information in this story)

No Increment to Deferred Votes- Finance Minister

As Committee of Supply Deferred 2 More Votes on Monday

Finance, Economic Planning and Development Minister says he is not going to make any increment to votes being deferred by the National Assembly in the ongoing Committee of Supply.

On Monday evening the Committee of Supply has deferred two votes bringing total number of deferred votes to three following Road Fund Administration vote which was deferred on Friday for having meager allocation.

The two deferred votes are Directorate of Public Prosecution and State Advocate (DPP office) vote which has a revised allocation of K462.3 million from approved provision of K495.7 million and the Legal Aid Department vote which has been deferred by Finance Minister himself without explanation. The vote has an allocation of K210.4 million a revision from approved K227.3 million.

Goodall Gondwe

Reacting to Malawi Voice question if he is going to make some increment to the DPP office vote, Gondwe was quick to say No, no, no.., I hope to convince them some more

Gondwes response is apparent following Mondays Order Paper where Road Fund Administration vote which was deferred on Friday appeared having same figures of revised allocation of K23. 8 billion from approved provision of K25.87 billion.

The Committee of Supply on Monday deferred DPP office vote for having a reduction of up to K50 million. This prompted much debate in the house as opposition members felt the deduction could result into the interference with the work of DPP particularly on prosecution of ongoing cash gate cases.

Members of Parliament for Lilongwe Msinja South Lingson  Belekanyama, Lilongwe Mapuyu South Joseph Njobvuyalema as well as Salima South parliamentarian Uladi Mussa were among the first parliamentarians to inquire from the finance minister why DPP office has been given a meager allocation yet it is responsible in handling very important cases of Cash gate.

Uladi Mussa said the office needed more funding for its obligation of prosecuting cases and therefore allocating little resources to the office will result into inefficiency of government lawyers who may at times fail to attend court sessions for lack of resources like fuel.

Hon. Njobvuyalema at some point said allocating enough resources to DPP office is not only crucial for smooth prosecution of cash gate cases but also vital in bringing back donors confidence.

However, before deferring the vote Gondwe together with Minister of Justice and Constitution Affairs Samuel Tembenu maintained that the allocation was enough at the moment and assured that the allocated amount will not suffocate ongoing cash gate prosecution.

Gondwe said should the department say they want to have more money during the next four or five months Ministry of Finance will make money available to the department But for the time being I would not want to see money lie idle when it can be used somewhere

Only six votes are expected to be passed this Tuesday and later the committee will pass Supplementary Appropriation Bill.

Though the Committee of Supply managed to pass 14 votes on Monday, business of the committee was too slow as compared to Thursday and Friday sitting. This was because members had a lot of questions on how the Ministry of Finance arrived upon each vote allocated to government departments and ministries.

Govt Takes Golden Stance In Committee Of Supply:

37 votes passed, Road Administration Fund vote Deferred 

The adage that 'Silence is Golden' has been proven to be game by government side in the National Assembly during the two days of government business on Committee Of Supply. 

To the surprise of the opposition, when the committee of supply entered first day on Thursday,the opposition members, mainly Malawi Congress Party (MCP) and Peoples Party (PP) were continuously rising to press for clarification through in depth elaborative explanation by the minister of finance Goodall Gondwe on why a particular extra allocation of funds towards the revised budget was arrived upon. 

Likewise, during the second day on Friday the opposition continued seeking for clarification from the minister, vote by vote, without any contribution from the government side. But it was quickly noted that the opposition's surprise which was verbally expressed in the house was a failure to read the bold sign written in the air that those in government had a better understanding of the budgetary process hence their applied stance on the golden silence.

For two sittings Thursday and Friday, the ongoing Committee of Supply has passed a total of 37 votes out of a total of 57 votes. 18 votes were passed on Thursday while 19 votes on Friday. 

However, the house has differed Road Fund Administration vote which has an allocation of revised K23.8 billion from approved provision of K25.87 billion.

Members differed the vote for a reason that there is a lot of work to be done in the road sector but the resources being made available "may not be adequate" particularly now that the ongoing rains have destroyed a lot of roads across the country. 

The Finance minister Goodall Gondwe said will review the vote and bring it on Monday.  But he said the reviewed vote will reflect capacity to full utilisation of the allocated amount within the next six months and not necessarily question of allocating resources .

Among the revised votes passed to stand part of the Revised Recurrent and Development Estimates on Thursday alone, includes K651.4 million for Ministry of Youth and Sports Development a revision from approved provision of K1.07 billion and K154. 2 billion to Ministry of Agriculture, Irrigation and Water Development a revision from approved provision of K140. 6 billion. On Friday the house passed K82.5 million a revision from approved provision of K115 Million for the Ministry of Disability and the Elderly Affairs, and K90. 8 billion a revision from K81.68 billion for the Ministry of Education, Science and Technology.

The Finance Minister is seeking the house to approve additional funds amounting to K32 billion. Meanwhile, the Committee of Supply which adjourned on Friday expects to resume  on Monday afternoon.

Leader of House in the National Assembly Hon. Francis Lazaro Kasaila has since expressed hope that the remaining votes will be passed on Monday as the Committee of Supply sits in the afternoon “I believe that come Monday we will complete the Committee of Supply”

Kasaila also praised cooperation and progress made so far during the committee of Supply “During the Committee of Supply we have seen that we have done quite well questions that were being asked were pertinent it indicates that people are concerned of projects in their communities”

Speaking of the upcoming week he said “We have a lot of bills that are going to come and we hope that we have cooperation in the house as well.”

(Munthu Wakuda Leo contributed part of the information in this story)

9 Year Old Drowns in Salima District

9 Year Old Drowns in Salima District

A Standard 3 pupil of Matenje primary school Mateyu Chimchere of Mwari Village T/A Khombedza District Salima has suddenly died after drowning into a dam. 

Salima Police says the deceased after nocking off from school on 18th February went together with friends to a nearby dam to swim.

Sergeant Gift Chitowe Salima Police Public Relations Officer says when swimming the 9 year boy went into the deepest part of  waters and failed to swim.

Chitowe said the young boy died on the spot and postmortem results revealed that suffocation was the cause of the sudden death of the boy. 

Justice Mtambo Serious on Concluding Attempted Murder of Mphwiyo’s Case In May

Justice Mtambo Serious on Concluding Attempted Murder of Mphwiyo’s Case In May

The High Court Judge Justice Michael Mtambo has stick to his earlier decision that the case of Attempted Murder of Malawi’s former Budget Director be concluded by May this year.

On Wednesday 28th January this year, Justice Mtambo told both parties in the case, that they should be preparing submissions on whether the five accused have case to answer or not in order to prevent delays.

On Thursday 19th February 2015 when adjourning the case for 18th to 20th March 2015 after three days of cross examination and examination in chief of five state witness witnesses  Justice Michael Mtambo also reminded the state to make sure that it is serious in managing time for bringing witnesses to court.

This reminder came as the state prayed to the court for an adjournment of the case preferably to Mid March so that it has ample time to resolve other technicalities with the remaining 10 witnesses. Director of Public Prosecution (DPP) Mary Kachale had earlier in the day informed the court that other witnesses are negotiating timing of court proceedings and at their respective work places therefore more time was needed and that shall be a month break. In the afternoon the judge accepted the request but reminded the state to utilize and manage effectively the scheduled three days for the remaining 10 witnesses.

As of Thursday 19th February the state has paraded 9 witnesses including Mr. Paul Mphwiyo, Brother in law of Mr. Mpwiyo’s wife Gabriel Rashid, two doctors who treated Mphwiyo; Dr. Hetherwick Ntaba, Dr. Carlos Varera, and the housemaid of Raphael Kasambara’s Jessie Mussa. 

After 10 more witness are paraded by the state the court will make its determination of discontinuation of the case once it finds the accused have no case to answer or continuation of the case if the accused found with case to answer.

The case of Attempted Murder and Conspiracy to Commit Murder of Former Budget Director Paul Mphiyo on September 13th 2013 accuses former Attorney General and Minister of Justice Raphael Kasambara SC, Oswald Lutepo, Robert Kadzuwa, Pika Mandondo his brother Dauka Manondo. 

Mphwiyo’s shooting was manifestation of calculated looting of Public coffers at Capital Hill where it is alleged that the perpetrators were able to transfer funds from the government bank accounts to the vendor accounts for goods and services that were never supplied and then to delete these transactions from the IFMIS system (Integrated Financial Management Information System a Soft-Tech Consulting Limited [Soft-Tech], EPICOR based software solutions). 

It is claimed that the system was manipulated to release funds without lawful authority, create and approve unauthorised payments, issue cheques through the Accountant General’s Department and transfer funds into supplier accounts without authorisation.

Kasambara Housemaid Mantains “I saw Mphwiyo at Kasambara’s House the Day of Shooting”

Kasambara Housemaid Mantains “I saw Mphwiyo at Kasambara’s House the Day of Shooting”

Former housemaid of Raphael Kasambara cross examination continued on Thursday morning up to evening, throughout maintained her testimony that Mphwiyo had visited Kasambara on Friday13th September 2015 earlier before he was shot that night.

Jessie Mussa an eighth state witness revealed to Lilongwe High Court on Wednesday evening that on 13th September 2013 spotted Kasambara’s visitor and the next day Saturday 14th September 2015 Kasambara’s wife reveled to her that the man she spotted previous day was Paul Mphwiyo and was shot last night.

During cross examination on Thursday the witness maintained that Mphwiyo arrived at Kasambara’s house between 15:00 to 16:00 hours and met Kasambara in the house. The witness spotted Mphwiyo coming out of his car carrying a fabric bag and was seen empty-handed when leaving the place at around 17:00 hours.

Both Kasambara and Mphwiyo are answering charges of money laundering 

“Later, as I was cleaning their (Kasambara’s) bedroom I found the bag. It was full of money and it was heavy” she told the court

Even during a very long cross examination with his former boss and one of the accused of this attempted murder case Raphael Kasambara who is representing himself as a lawyer, Mussa maintained her testimony she delivered previous day before Judge Justice Michael Mtambo.

However, Kasambara diacredited the witness testimony saying she is just bitter of her unceremonious firing and maintained that on the said date he was at State House meeting with former SADC heads of state leading Lake Malawi mediation.

The witness also revealed that Kasambara at one point brought to his house a carton full of guns which Kasambara said the witness might have mistaken guns with "Metal Detectors bought from Dubai."

However, Jessie Mussa has disowned some other information contained in her Police statement.

Before the case was adjourned to 18th upt to 20th March, the state also brought another witness Chifundo Beston whose evidence shall later be reveled according to prosecution. Beston testified that his cell phone number appeared on a Malawi Savings Bank cash deposit slip which James Alan was depositing K300 thousand to account of M. Kumwembe. 

Highlights of Jessie Mussa Testimony

Jessie Mussa former housemaid of Raphael Kasambara said at around 18:00 hours after Mphwiyo had left the place, Kasambara also left his house. Few minutes later Pika Manondo showed up at the residence then left while driving Kasambara's Mercedes Benz. Mussa said was dismayed to wake up early morning of Saturday 14th September 2013 seeing her boss's Mercedes Benz hidden parked behind Servants Quarters.

Later in the day came a man who began removing vehicle registration numbers plates of the 'Benz'. She said after removal of the plates, Kasambara’ friend Patrick Gada asked her to keep the plates outside the house.

The witness also told the court that she got fired in October 2013 the same day Kasambara was sacked as Attorney General and Minister of Justice and Constitution Affairs. She said her job ended without notice and was forced to leave the place for home in Blantyre immediately. 

But the witness said while on her way to Blantyre, somewhere at Nathenje around 18:00 hours she got a phone call from Kasambara's wife cautioning her not to reveal anything of Raphael Kasambara’s connection to the shooting of Mphwiyo

Mphwiyo Spotted at Kasambara's Home Earlier The Day He Was Shot;

Reveals Former House Maid of Kasambara

Evidence brought by state witness Jessie Mussa a former house maid of Raphael Kasambara reveals Mr. Paul Mphwiyo had visited the house of one of the  accused Raphael Kasambara afternoon of same day he was shot.

The former budget Director Paul Mphwiyo was shot in the night of 13th September 2013 a development which revealed calculated looting of public coffers at Capital Hill.

Eighth state witness Jessie Mussa explained in the Lilongwe High Court on Wednesday before Judge Justice Michael Mtambo that at around 15:00 hours of 13 September 2013 saw Paul Mphwiyo arriving at Kasambara's residence. She saw him coming out of his vehicle carrying a fabric bag which she said contained huge sums of money and he remained inside the house for a while then left.

The witness said at around 18:00 hours just after Mphwiyo had left the place, Pika Manondo showed up at the residence then left while driving Kasambara's Mercedes Benz. But the witness was dismayed to wake up early morning of Saturday 14th September 2013 seeing her boss's Mercedes Benz hidden parked  behind the Servants Quarters or "Boys' Quarter". And added that this was her first time to see that vehicle being parked there and on the same day learned that the man who came the previous day (Mphwiyo) was shot.

She went on to say later in the day came a man who began removing vehicle registration numbers of the 'Benz'. She also told court that later some day, came to the house a Head of CID for Central Region joined by other officers. The officers were inspecting Kasambara's Benz while talking to Kasambara himself. 

Jessie said got fired in October 2013 the same day Kasambara was sacked as Attorney General and Minister of Justice and Constitution Affairs. She said her job ended without notice and was forced to leave the place for home in Blantyre immediately. But the witness said while on her way to Blantyre, somewhere at Nathenje around 18:00 hours she got a phone call from Kasambara's wife cautioning her not to reveal anything she knows about Mphwiyo's shooting. Her former boss said if she reveals the incident anyhow to anyone would risk Raphael Kasambara up for an arrest.

The cross examination of the witness was adjourned and continues this Thursday morning at Lilongwe High Court.

Earlier, the state had in the morning paraded two other witnesses a Kamuzu Central Hospital (KCH) Head Surgeon Dr. Carlos Valera and a close friend of Mphwoyo Yambani Mlemba a lawyer by profession.

Sixth state witness Doctor Valera at one point told Court that as an experienced person who has been treating such gun wounds like of Paul Mphwiyo, is convinced that the assailant's who wanted to kill Mphwiyo used a weak gun. 

Seventh state witness Mlemba informed the court that he saw two accused Oswald Lutepo and Pika Manondo at Kamuzu Central  Hospital together with other friends of Mphwiyo who came to the hospital.