Friday, 25 September 2015

Cashgate Case: Savala Looking For Kasambara Replacement

Savala hunting for Kasambara replacement

The cashgate convict Caroline Savala has been left with no option but to look for a lawyer who can take up her case currently on mitigation stage.


This follows bail revocation to her Lawyer Raphael Kasambara by Lilongwe High Court on Wednesday morning. Kasambara found with case to answer on conspiracy in the attempted murder of former Budget Director Paul Mphwiyo has had his bail revoked after the High Court noted that he was not cooperative and has been breaching bail conditions.


During Wednesday sitting before Justice Fiona Mwale court, Savala who was vonvicted after full trial for money laundering to a tune of K84 million, has been asked to find another Lawyer who will represent her on 21st of October 2015 since her lawyer has now been taken into custody.

Kamudoni  Nyasulu

“What remains is if she finds a lawyer then they will close their plea mitigation, then the court will pass sentence” explains Kamudoni Nyasulu who is prosecuting the case


Caroline Savala is expected to parade two character witnesses; convict Leonard Kalonga and a Pastor


However Nyasulu did not hide to express his disappointment over delays in the case “This trial has taken a long time, we started in February 2014 and Prosecution closed its case in April 2014 but we are still struggling to finish.” He said


The court sat in the afternoon after morning adjournment as the defense lawyer, Raphael Kasambara was at that time not present for he was also attending to his trial in the court of Justice Michael Mtambo.


Last sitting of the present case, Savala was represented by emissary lawyer (agent) Tisilira Kaphamtengo as Kasambara was reportedly ill, suffering from high blood pressure. During that day, the agent lawyer did not cross examined Savala by admitting that he knows nothing about the case and applied that the convict be allowed to remain silent to questions that may incriminate herself.

Thursday, 24 September 2015

Obstetric Fistula Repair Camp At Bwaila Hospital

  • women having the condition encouraged to come for repair
  • The operation to be done at no cost
Bwaila Fistula Care Centre

The Bwaila Fistula Care Centre, this year's host of UNFPA Fistula Camp has urged women having Obstetric Fistula condition to come for operation during the camp period starting on 27th September.



Fistula camps are held to allow more women having the condition to get repaired in a specified period by number of surgeons who fly in the country to support resident surgeons and clinical officers.



“We are hosting this year’s UNFPA camp and we are ready" confirmed National Coordinator for Freedom from Fistula Foundation, Margaret Moyo, and also confirmed that with assistance from UNFPA "Surgeons are coming from outside Malawi and we already have our own resident surgeons and clinical officers to do fistula operations.”



Moyo explains that, for the first two weeks of the camp, the operations will be done at Bwaila Hospital in Fistula Care Centre found in Lilongwe just behind the Minibus depot.



While encouraging women having the problem to come for repair operation, Moyo says the operation is free.



She has since appealed to all people of good will to inform and encourage women living with the condition to hurry for the opportunity.



She also encouraged women with the condition to go to their nearest hospitals for screaning their condition and to Bwaila Fistula Centre for operation.



These camps are sponsored by UNFPA have previously been conducted at Queen Elizabeth Central Hospital in Blantyre and in Mangochi. This year Bwaila Fistula Care Centre expects to repair not less than 100 women.



Obstetric Fistula is an abnormal connection between the bladder and or the rectum and the vagina which result in the continuous leakage of urine and or feaces  through the vagina following obstructed labour.




Figures shows many women die in the process, up to 4.1% of maternal death is attributed to prolonged obstructed labour  in Malawi. If the mother survived it is usually the prize of a dead baby and an obstetric fistula with its social consequences.



Anecdotal evidence reveals Obstetric Fistula prevalence in Malawi is estimated to 20 thousand women living with fistula and this means it is a big problem.

Wednesday, 23 September 2015

Mphwiyo Shooting Case: Kumwembe Says Can’t Miss Target, Asks Judge To Try His Ability In Court

Kumwembe I cant miss my target 

McDonald Kumwembe, suspected shooter in the attempted murder trial of Paul Mphwiyo has told the court that he could have at a 5 metre range, shoot to kill Paul Mphwiyo if he were hired for the job.


Kumwembe was speaking on Wednesday court sitting during his defense in the case he is answering of attempted and conspiracy to murder former budget director Paul Mphwiyo on September 13th 2013.


When entering his defense, the former Malawi Defense Force officer Kumwembe who maintained to deny to have shot Paul Mphwiyo, said him as a well trained soldier and man who worked as a military officer for a very long time could not miss the target at a range of 5 metres as it was the case in Mphwiyo shooting.


“I have worked in Malawi Defense Force for so many years. As it was said by the victim that he was shot at a range of 5 metres, surely if I could be the one shooting, then I could not miss him” said Kumwembe while alleging that the person who pulled the trigger might have been a novice, and further denied his involvement in an enterprise to kill Mphwiyo.


“If you can allow me to have a gun and show a target here in court, I will not miss” challenged Kumwembe


But Judge Michael Mtambo quickly reacted by interrupting him in a joking way saying “We cannot take that risk!” and the whole court was laughing.

Kumwembe

Kumwembe also said, in a situation happened at the time of shooting, it could not happen as testified by the victim that him had a mask on his face while his accomplice Pika had nothing to shield his face.


Meanwhile, his cross examination has been adjourned to dates from 13th to 16th October 2015


Earlier, Kumwembe accused the victim Paul Mphwiyo and an investigator of the present case Kankhwala Chilinda of lying under oath and bringing false evidence against him in the court as he narrates how he became friends of the two and later Pika Manondo.


He said he became friends with Mpwiyo way back in 1999 when him was in Zomba working with MDF as Investigator while Mphwiyo was a Personal Assistant of late Dumbo Lemani and that they had also been meeting in several places. 


But he has accused Mphwiyo of telling the court lies that he does not know him. He revealed that it was Paul who introduced him to Pika Manondo after the two had discussed on a business plan they can do to former ruling party Peoples Party (PP).


He said after their discussion he met Pika at Andiamo in Balaka where former president Joyce Banda was welcoming new members of the party. He said while there, Pika told him that he can work for the party as an Intelligence officer for the party.


Then he quashed almost every evidence brought in the court by Chilinda adding that all allegations against him are based on an altercation they had some years back.


He explained that while based in Zomba working as intelligence officer, he reported to Chilinda bosses on information that Chilinda (working as CID officer in the same district) was lending out his firearm to some criminals. Kumwembe then said, Chilinda was furious and at one point told him that he will one day do revenge.


Kumwembe emphasized that it was obvious that Chilinda brought in the court false evidence against him of being involved in a robbery case which took place in Machinga, and spotting him at Bwandilo on 30th August 2013 the day he (Kumwembe) said left the country for Mozambique. 


The accused person further told court that Chilinda also tendered a false bus ticket allegedly indicating that the accused had traveled to Lilongwe days before Mphwiyo was shot. While showing the document to the court, Kumwembe said the ticket was only indicating the date of 30th August without specifying the year and particulars of the owner of the ticket.


Furthermore, the accused person also questioned Chilinda motive of brining in the court, a gun which had no bearing of fingerprints or any evidence that it was used by him in the shooting.


“By bringing that gun here, what exactly did Mr. Chilinda tried to portray my image to the public and reporters here in court?” asked Kumwembe



Kumwembe said it was apparent that following their past clash, nothing would have stopped Chilinda from fabricating evidence against him and further accused the investigator of doing try and error sort of investigations in the present case.


Cross Examination 



During Cross examination done by Director of Public Prosecution (DPP) Mary Kachale, Kumwembe was so defensive in his responses and was in several occasions answering questions in a form of a question back to the DPP. 


At one point the Judge counseled him to be serious “This is a serious business Mr. Kumwembe” said the Judge when he responded to the question from DPP of why he is so famous in the township of Ndirande in Blantyre by asking: “How could I be so famous in Ndirande? If were famous then don’t you think I could have been a parliamentarian for the area?”


DPP also centred her questions around the alleged travel to Mozambique in 2013 during the period Mphwiyo was shot. Kumwembe said he left his cell phone simcard to his brother currently living in South Africa to make contacts with persons he was doing businesses with.


However, his phone call logs at that period were indicated that the sim was being used by the said cousin in almost all places that Kumwembe used to go including at Bvumbwe Township where Kumwembe girlfriend lived and could be in a call with the girlfriend for over 20 minutes.


But Kumwembe response was that he could not control such situation and also said he could not remember any place he stayed in three separate trips he travelled to Mozambique.


McDonald Kumwembe is a first accused person in the case of attempted and conspiracy to murder Malawi’s former Budget Director Paul Mphwiyo at the gate of his house in Area 43.


Kumwembe who was identified as a shooter was found with case to answer on conspiracy and attempted murder together with second accused person Pika Manondo. The third accused who is a practicing lawyer and former Justice Minister and Attorney General, Raphael Kasambara was found with case to answer on conspiracy. 


The shooting of Mphwiyo was the genesis of numerous arrests on calculated theft of government money at Capital Hill.

Mphwiyo Shooting Case: Kasambara Bail Revoked For Breach Of Bail Condition

Kasambara on police escort 

High Court Judge Michael Mtambo revokes bail of Raphael Kasambara suspect in the Paul Mphwiyo attempted murder for failure to comply with the court bail conditions. 






His bail has been revoked of his conduct, infringement of privacy of the Judicial Officers by sourcing private documents especially of presiding judge Michael Mtambo and judge who recused her self in the case Justice Esme Chombo. The bail has also been revoked after the court also established that in his conduct, Kasambara had also infringed security of the Judicial officers. 

Kasambara walking to police vehicke 



Kasambara looked relaxed as he walked for
Maula prison 

The revocation follows Judge Michael Mtambo order that parties should submit on whether the court can of its own motion review the bail status Kasambara on failure to comply with the court bail conditions after it was learnt that McDonald Kumwembe the first accused had admitted to the court that Kasambara helped him to identify the CV which he alleged to have received from a well wisher.


He was on heavy police escort 



He was talking to reporters and police officers 

In the application of motion by first accused, McDonald Kumwembe seeking judge recusal, attached two letters: one which was found to be contemptuous and another letter which he alleged to be the CV of the presiding Judge. He told the court that after accessing the CV he took it to Raphael Kasambara who laughed upon seeing it and then confirmed to him that it belonged to the presiding Judge. The application also claimed that Judge Michael Mtambo requested for more security after delivering his ruling on whether the accused persons had case to answer or not. 

His bail revocation attracted alot of attention 




In his ruling, the Judge agreed with the state application that there was sufficient evidence to revoke bail of Kasambara. 




The Judge said it was apparent that Kasambara aided Kumwembe in several occasions on matters relating to the present case including filing of application for judge recusal looking at how Kumwembe had displayed in several occasions his ignorance of contents of the letter. During cross examination of his application, Kumwembe seemed to have difficulties to understand contents of his well written application by opting to have a court translator, failure to describe who Robin Hood was and to give meaning of Kangaroo Court cited in his application. 






The Judge further indicated that Kasambara had the possession of the alleged CV earlier on because he was the first to mention the alleged CV in court before Kumwembe had applied for Judge recusal. 


"The third accused (Kasambara) did not show cooperation after the ruling of case to answer was made" added the judge who further indicated that his earlier applications for judge recusal for presiding judge was delaying the case. 






After bail revocation ruling, the Judge also refused application by Kasambara that the revocation be Stayed up to Friday this week because he was required to attend to private matters on Thursday. 



But the judge argued that there was nothing cited of reasons for Stay of the bail revocation order: "The order of bail revocation remains intact" said the judge 


However, the judge has turned down state application to revoke bail of Kumwembe since he is already in police custody after his application letter was ruled contempt of court


Raphael Kasambara was found with case to answer on conspiracy to murder former budget director Paul Mphwiyo while McDonald Kumwembe and Pika Manondo were found with case to answer on attempted murder and conspiracy.

Tuesday, 22 September 2015

Cashgate Case: Kalonga Lawyers File Sentence Submissions On 1st October


The High Court in Lilongwe has directed parties in the Cashgate case of Leonard Kalonga to make submissions of the sentencing by the first weeks of October.


The Prosecution and Defense were back in court on Tuesday to hear directive of the court on how both parties may proceed with the case following adjournment of the case on 26th August 2015.

Reyneck Matemba 

Deputy Director General of Anti-Corruption Bureau (ACB), Reyneck Matemba, said in an interview that during the sitting which lasted few minutes, Court directed that the Defense should file their submission on sentencing by 1st October 2015 and the state is expected to respond by 12 October 2015


"The court has directed that by 1st of October 2015, the defense should file their sentence submission. While us, the state have been asked to file our submission on sentencing by 12 October 2015." He confirmed


"After making our submissions to the court, we will wait to hear from the court on date of when to do oral submissions" Matemba explains


The ACB Deputy Director, also indicated that then, the court will make its directive of when it will pass the sentence.


Former Chief of Tourism, Leonard Kalonga was found guilty and convicted of conspiracy to defraud government using forged documents and paid the money to bogus suppliers. Other charges includes money laundering of K520 million where he facilitated, a baited and aided acquisition of 6 Marcopolo Scania buses of Paul Mphwiyo and Money laundering which were proceeds of serious crime between April and September 2013 with other persons to a tune of K3, 252, 225 billion.


Kalonga pleaded guilty to all charges and made revelation that he recruited 17 companies to steal from government.


In his voluntary confession statement, Kalonga implicated former President Dr. Joyce Banda as person who instigated the scam for she wanted to use the money for 2014 General Election Campaign.

TCC Plead With Roads Authority To Rehabilitate Kanengo Roads As JTI Thanked For Good Partnership

The Tobacco Control Commission (TCC) has asked National Roads Authority to include Kanengo Industrial roads in its road rehabilitation works programme.


The call was made at the commissioning of a 200 metre road in Kanengo industrial site in Lilongwe. The road has been rehabilitated with K52 million from JTI a tobacco buying company.

Munthali: important area has bad roads 

Speaking on Monday at the launch of the road, TCC Chief Executive Officer Dr. Bruce Munthali said Kanengo which is a every important area, has number of its roads in bad shape. 


“Most of our roads here in Kanengo are in bad shape" he said

Tehabilitated road now
seen heavy trucks moving smoothly 

However in an interview, Munthali said after delivering his speech at the commissioning of the road, CEO of National Road Authority assured him that there is a programme to rehabilitate most of the roads including Kanengo industrial site roads.


On the rehabilitated road, the TCC CEO, said was pleased that a tobacco buying company has done such great job which will in the end benefit all businesses that ply on the road.


Bruce Munthali said “ This undertaking by JTI is quite commendable because is in line with the government that Tobacco companies should partner with government to ensure that they have expanded corporate social responsibility programmes. So the road construction by JTI definitely goes along way to demonstrate that commitment to government and Malawi that tobacco companies should also undertake such activities.”


He said, before rehabilitation, the road was in a bad shape, during rainy season it was slippery and in dry season it had potholes which was an added cost to transporters.


Munthali then said the undertaking by a tobacco buying company JTI of rehabilitating a 200 mitre road at Kanengo Industrial site in Lilongwe is a good example that companies in the sector should emulate. 


“My appeal is to the tobacco buying companies that this type of undertaking should be emulated by all. And partner with government to rehabilitate Kanengo roads and not only in Kanengo but even roads found countrywide." Appealed Munthali 


JTI, on Monday, opened the heavy concrete 200 metre road which costs the company K52 million. The company took it upon itself to do the rehabilitation after other companies and the Lilongwe City Assembly failed to respond to its request to support rehabilitation works.

Monday, 21 September 2015

Lilongwe City Assembly Hail JTI for Rehabilitating Road In Kanengo

Rehabilitateđ róad 
The Lilongwe City Assembly says is impressed with one of Malawi's tobacco buying company, JTI for rehabilitating a 200 metre road at Kanengo Industrial site.


JTI has single-handedly rehabilitated the road which pass by the company's warehouse to a tune of K52 million. The high quality concrete road is conducive for heavy trucks.

Mayor (center)

Deputy Mayor of Lilongwe City, Akwame Bandawe, said when commissioning the road “This attests to the fact that if we can join hands with the private sector, we can make our city a better place to live in” he said


He described this support from JTI as "so colossal" then appealed to other companies to borrow a leaf from JTI and partner with the City Assembly in improving the City’s infrastructure.

Akwame Bandawe 

“The needs of the city are many and yet the resource envelope is too narrow. We expect the private sector to come to our rescue and take part in developing this City. We will as a City Assembly continue to harness a cordial working relationship with the private sector as corporate citizens and of course all the city dwellers in ensuring that we provide utmost good amenities for the people.” he added


The Deputy Mayor however, admitted that the City is failing to carryout its functions and provide services because it lacks resources since a lot of individuals and institutions continue to shun from paying city rates. He disclosed at the event that the city assembly did not respond to JTI request for the City Council's support for the rehabilitation of the project due to financial constraints


“We have a lot of defaulters when it comes to city rates, so it’s a challenge for us to be giving out what we are supposed to be doing because we rely on the same money. So its a challenge now and that is why we are saying that we really need to hold hands when coming with these kinds of developments” said Akwame

Bruce Munthali 

Chief Executive Officer for Tobacco Control Commission (TCC), Bruce Munthali also hailed JTI for such a commendable undertaking.


"This undertaking by JTI is quite commendable because is in line with the government that Tobacco companies should partner with government to ensure that they have expanded corporate social responsibility programmes. So this road construction by JTI definitely goes along way to demonstrate that commitment to government and Malawians that tobacco companies should also undertake such activities.”

Fries Vanneste

Earlier, Fries Vanneste, JTI's Managing Director said the company rehabilitated the road as a way of assisting government development endeavors in ensuring utmost good infrastructure to spar socio-economic development as well to facilitate JTI business processes and enhance safety requirement.


Vanneste said the road was in a very poor state which negatively impacted on their business operations and other companies in Kanengo.


“Due to its sorry state, the road was slippery during the rainy season and therefore not conducive for heavy trucks that ply this road on daily basis.” he said


“As a responsible corporate citizen we felt we had a role to play in ensuring that this road is rehabilitated. We therefore took the initiative to contribute to the city’s infrastructure by repairing this road and create a meaningful and win-win scenario for both the city and our business success.”


He further assured that the company will continue support government development agenda on road infrastructure because as a tobacco buying company understands that it cannot comfortably transport tobacco if the road network is bad.