Cashgate Case: Justice Kachale Accept Recusal Application in Kasambara, Wapona Case

Justice Chifundo Kachale has recused himself from the Money Laundering case involving former Justice Minister and lawyer Raphael Kasambara together with four other persons including one of the renowned lawyer, Wapona Kita.

Kachale recusal on Monday follows two applications by first accused Raphael Kasambara and third accused Pika Manondo.

However, from the two applications the Court disallowed for lack of merit Mr. Pika Manondo’s application at the same time upheld request of the first accused, Raphael Kasambara. 

The suspects general fear, was the Judges relationship with the incumbent Director of Public Prosecution (DPP) Mary Kachale spouse to the judge. 

The two suspects argued that the relationship throws into serious doubt the impartiality of the court and raises question of bias and that the best thing was for the Judge to recuse himself for justice to manifestly seen to be done.

The letter dated 9th April 2015 signed by Ralphael Kasambara, the DPP (judge spouse) must be ultimately responsible in the case though it is being prosecuted by Mr. Enoch Chibwana. The application further pointed out that the present proceedings are closely associated with the trial before Justice Kapindu in Zomba involving one Oswald Lutepo which is being prosecuted by the DPP Mary Kachale.

In his application, Pika Manondo said cannot expect a fair trial before Justice Kachale court since there are allegations against his brother Dauka Manondo, purportedly for threatening the DPP.

When disqualifying Manondo application Justice Kachale said the observer application lacked pertinent aspects; not reasonable, fair-minded and had no adequate information. He added that the apprehension of bias itself was also not reasonable in the particular context.

“Applying the pertinent and legal principles to the present facts it is rather hard to appreciate the jurisprudential of logic of Mr. Pika Manondo’s application for my recusal” said Justice Kachale 

“It is rather difficult to appreciate how this fortuitous development impugns the integrity of these proceedings.

In the first place, my spouse is not presently involved in these proceedings, secondly the present proceedings are about Mr. Pika Manondo and his alleged in specific criminal acts. There is no suggestion that my family is pursuing some personal vendetta of some kind against him and his brother.” Argued Justice Kachale

“It is respectfully suggested that to grant that vexatious motion would actually undermine the integrity of the criminal justice system; hence it is declined.” he concluded

But Justice Kachale accepted to recuse himself from the case following arguments presented in the application of the first accused Raphael Kasambara which cited the linkage of the present case with that of Oswald Lutepo in Zomba.

“There can be no disputing the clear evidential link between this trial and the one before Justice Kapindu which is currently being prosecuted by Director of Public Prosecution herself.

“In fact that was the very reason why the state requested that this case should be postponed until the Zomba trial has been concluded-thus we are informed these two proceedings are closely related in some manner.” Observed Justice Kachale

He said “In all fairness, therefore I would be reasonable for an informed observer to question the impartiality of this court given the closeness of the ties with the officer prosecuting the other associated case in Zomba; on that strict basis alone my court would not insist on presiding over this case.”

For the avoidance of any doubt Justice Kachale said “had the other trial before my brother Justice Kapindu been prosecuted by anyone else from office of the Director of Public Prosecutions (Other than the incumbent who is also my spouse) the present application would have failed”

Following Justice Chifundo Kachale recusal in this case, the Registrar of High court will re-assign the case to another judge but the suspects will remain on bail.

Raphael Kasambara, Wapona Kita, Pika Manondo, Oswald Flywell Lutepo, Roosevelt Franklin Ndovi, and Fletcher Arnold Kaizo are accused persons in this case.

Among other charges in the case, the suspects were charged with found in possession of proceeds of crime: eleven motor vehicles and K5.616 billion (five billion and six hundred and sixteen million nine hundred and eighty one thousand) which they knew or had reason to believe represented in whole or in part directly or in directly stolen money.

Kasambara, Wapona Kita and Manondo are also answering a charge of being found in possession of K55 million suspected of being stolen.

Read full text of Judge ruling and background of the issues here Chifundo Kachale recusal on case involving Kasambara, Wapona and others

University Students Loan Reforms:

• Private and Public University ‘Needy’ Students are beneficiaries 

• Limited to students pursuing accredited programmes and colleges

• Loans be repayed two years after graduation of beneficiary 

The newly established Higher Education Students’ Loan and Grants Board has announced procedure that ‘needy’ university students should follow to access loans and grants.

Geoffrey Chipungu Board Chairperson declared in Lilongwe that under the new Board, needy students will be required to apply for the loans through filling forms introduced by the board.

Chipungu said eligible students must be Malawians admitted to pursue or is pursuing “an accredited higher education programme at an accredited institution and has no financial assistance from any other source” to cover the items of cost for which the application is made. 

Unlike the past where the loans were only accessible to students from public universities, Chipungu said the Board will be receiving applications from students in private universities but those pursuing and admitted into “unaccredited programmes are not eligible” to apply for either the loan or grants.

“All needy students will be expected to apply by completing the form” said Chipungu while indicating that once application is successful the loan will be valid for one year but students will be allowed to apply for another new loan if they still want it. 

He assured that the new forms are “quite comprehensive” to collect all necessary ‘needy’ information that will help the Board make best determination of right persons to access the loans and grants.

The Board Chairperson then said “no quota system” will be used to identify the needy in the programme

“There will be no such a thing like equitable distribution like number of needy students in a town. We are going to allocate loans to needy students but we are not going to look at where they come from.” he said 

The 2015-2016 budget allocated only K1.5 billion for the programme. The Board chairperson said due to limited resources, not all students applying for the programme will automatically qualify for the loans.

As such, the board has appealed for more donations to the Board so that that it can have more resources 

“The Board wishes to appeal to well meaning individuals and organizations to complement Higher Education Students Loans and Grants Fund by supporting needy students in various institutions of higher learning.” Said Chipungu

Chipungu also indicated that as of Thursday 13th August 2015, the board had already sent out forms to all accredited universities for students to fill them. He assured that, the Board will possibly allocate loans for the very first time in the month of September 2015.

Under the new Board, beneficiaries will be expected to start repaying the loans two years after graduation 

The Higher Education Students’ Loans and Grants Board was established by an Act of Parliament No. 2 of 2015 to provide education loans and grants as well as repayment. The Act also empowers the Board to establish operational links with employers of loan beneficiaries for the purpose of facilitating the recovery of students loans.

Board Claim K2 billion From Former Students on Higher Education Students Loan

Chipungu Board Chairperson 

The new Higher Education Students' Loan and Grants Board to start a repayment exercise for all former University of Malawi 'needy' students who never settled loans and grants obtained from students loan scheme.

The Board which has just begun functioning on Wednesday 12th August 2015 says a new committee has been set up to recover K2 billion from previous loan scheme. 

Chairperson for the Board, Geoffrey Chipungu disclosed that a lot of needy students who benefited from the loans disbursed since 1985 up to date, never repaid the money possibly "they did not know where to pay."

He said, the new board will do all it can to facilitate the repayment process and recover such outstanding loans.

"We have set up a committee" said Chipungu "This committee is chaired by quite an able member of the board and we will do everything." 

"We will look into all the logistics. It might not exclude publishing the names in the news papers. We hope will not go that far, and we expect that people are going to start repaying." said Chipungu



The Board which its main purpose is to manage and administer students loans and grants funds is mandated to recover outstanding loans that were granted to students under students loan schemes which were introduced in the 1985/1986 until the commencement of the Higher Educations Students Loans and Grants Act.



The Act section 4 (a-w) further empowers the Board to establish operational links with employers of loan beneficiaries for the purpose of facilitating the recovery of students loans.

Mw Govt Partying As Some Public Services Remain Unfunctional

Catholic Commission for Justice and Peace bemoans of what it called 'Misplaced Priorities' by Government of Malawi. 

In statement A Quest for a Better and Descent Malawi CCJP says Government continues to spend unnecessarily yet almost all Government Ministries and departments  continues to receive lessened financial disbursements. 

The statement signed by CCJP Secretaries from all eight Dioceses noted that the diminished funding to government departments and ministries have led to compromised public services in most sectors 

The statement says even in public hospitals there is accute shortage of drugs and that in some hospitals ambulances are not in operation while the executive continue spending money for less important issues. 

The statement cited the recent banquet to celebrate the passing of the national budget as a signal of misplaced priorities and worse still, such bad signals in the face of growing poverty and frustrations among people continue to be a sad trend in Malawi.

“We are noting in view of that to say there are some trends and practices that are not helpful from this country” said Chris Chisoni, national secretary for CCJP in an interview 

“We are saying, probably the little resources would have been used for much better things but we are not saying celebrating is bad”

He added “Whether the justification or any explanation made by government on such celebrations are justified or not, but the signs that are put across by such type of activities would signify in part in other people’s eyes, those that are suffering that probably there is some sort of insensitivity.”

CCJP in its letter which is touching on social-ecomomic and political issues and need for transformative leadership further calls Malawians, political leaders to make Malawi a better and a happy nation for all. 

“WeWe need every sector of leadership in Malawi to be transformed because we have spend 51 years and where we are a now is not where we would have been.” said Chisoni

The letter further urge development and cooperating partners and the private sector to provide their unwavering technical, financial, moral and intellectual support. 

“Malawi Government cannot do without cooperating partners despite the fact that we all agree today that we must be looking for economic sovereignty. Economic sovereignty and independence is very important but we need stepping stones to arrive that level of independency we can’t just grow independency in a day” he said  

Mw Govt Introduce Free Vocational Training For People With Disability

Kaliati (middle)

Persons with disability aged 16 and above holding the Malawi School Certificate of Education (MSCE) need not to hesitate from applying for a fully funded scholarship into various vocational training skills.

Malawi Government through Ministry of Gender, Children, Disability and Social Welfare has introduced a special technical and vocational skills training for persons with disability.

Minister Gender, Children, Disability and Social Welfare, Patricia Kaliati disclosed in Lilongwe that her ministry will offer the training in conjunction with Technical Entrepreneurial and Vocation Education and Training Authority (TEVETA).

Kalitati said the scholarship is free and asked everyone to inform and encourage those that are qualified to apply and submit their application directly to the Ministry of Gender offices or to TEVETA not later than 20th August 2015.

"My Ministry and Technical Entrepreneur and Vocational Education Training Authority (TEVETA) has come up with an affirmative action to promote access to vocation skills training for persons with disability using existing public technical colleges.

"I am pleased to report that TEVETA has reservation of 20 places for persons with disabilities in its scholarship programme in all the public technical colleges." Said Kaliati

"For the offer to be effectively utilized persons with required qualifications needs to be informed" said Kaliati while indicating that applications be submitted to her ministry offices or to TEVETA.

The available opportunities includes; Administrative Studies, Automobile Mechanics, Brick Layering, Food Production, Carpentry and Joinery, Electrical Installation, IT, Tailoring and Designing.

Hon Kaliati said this initiative is Government vision of creating equal opportunities for persons with disabilities and further responds to UN Convention on the Rights of Persons with Disability.

Kaliati, noted with concern that person with disabilities continue to fail to access to training opportunities in some vocation training centres due to financial challenges, negative attitude by the society and lack of knowledge among persons with disability on available training opportunities.

"Some schools would not accept person with disability because they think that such persons will slow down the learning process of other participants." Said Kaliati

Then she underlined that such initiatives and mainstreaming disability services into all programmes enable people with disability to take their place as sitizens on equal basis with others and make their contributions to society.

She further guarantees Malawi Government commitment to continue implementing various initiatives that promote rights of people with disabilities and that her ministry with TEVETA will keep on introducing number of informal training programmes for those that do not have school qualifications.

Hon Kaliati also appealed to people with disabilities who do not have qualifications to utilize and take advantage of Community Technical Colleges that are being established in their districts.

DHL Express Set to Support SMEs Growth

Gavyn Symons 

DHL Express is ready to promote growth of Small Scale Businesses (SMEs) in Malawi and across Africa.

Newly appointed Manager for DHL Express Malawi, Gavyn Symons disclosed that the company is introducing a partnership that will help SMEs with information on customs, and other import and export regulations while enabling them experience easy and affordable service of sending and receiving goods around the world.

"We will be looking at doing this from global as well as regional and country prospective." he said 

"We want to partner with the SME's and we want to make ourselves readily accessible and available to SME's so that they can come to us for advice especially when it comes to import duties, customs, regulations, compliances."

Symons whose top priorities as Managing Director said includes to grow market share, particularly within the SME industry, and to continue drive service-related initiatives to ensure superior service to its customers, emphasized that this support will offer SMEs "peace of mind" when they send or import their shipments around the world.

DHL Express Marketing and Communications Manager for Southern Africa, Khanyi Mamba, explains that DHL is very much focused with developing SME's across Africa because the company realized the existing need for educating SME's.

"Generally SMEs don't know for example if they want to import a box from UK. What does it mean in terms of customs and duties and how does that implicates ones profit." She said

"At DHL Express we are going to introduce the programme called Certified International Specialists for SMEs (CIS) where we are going to be doing workshops for SMEs in order to educate them on such kind of information" added Mamba

She then said "We want to help develop businesses in Africa, that's the main focus of the programme and we don't want to be seen only as a service provider but as a business partner. We want see businesses to grow in Africa and we want to support local businesses that are really small businesses."

According to Mamba the programme will be free of charge for the SMEs starting in South Africa towards the end of this year, then scale down to other parts of Africa including Malawi.

Pope Francis Encyclical To Help Climate Change Mitigation in MW

Pope Francis 'letter' Encyclical 'Laudato Si' meaning 'Praise God' has received a warm welcome from Malawi Government as a document that complements efforts on climate change mitigation.

Encyclical 'Laudato Si' launched in Malawi Tuesday night in the Capital city Lilongwe

"It is extremely fortunate that the Encyclical 'Laudato Si' is moving extremely in tandem with government plans, policies and actions on climate change" said Honorable Bright Msaka, Minister of Natural Resources, Energy and Mining who graced the occasion as guest of honor

"This is not one man's effort we must collaborate in order to achieve the intended objective." Said Msaka

"The Catholic Church has a very broad reach in Malawi. If this Encyclical is going to be read in all Catholic churches in Malawi and listened to by all the Catholics, then we will have a very critical mass there of Christians in the Catholics church supporting government effort to achieve the kind of actions we want to undertake."

The Minister also assured that government is making positive strides on conservation and address issues of climate change conservation. 

"This Government is doing everything it can to ensure that nature is preserved" said Msaka 

"We would like to assure the nation that we will leave nothing undone to ensure that the environment is protected. We will reduce and eliminate green house gases and everything that is depleting ozone layer and that goes with it" he said 

His Grace Thomas Msusa

Speaking on the Encyclical 'Laudato Si', Bishop Chairman for the Episcopal Conference of Malawi, His Grace, Thomas Msusa said "Climate change is here" and that Pope Francis in his Encyclical 'Laudato Si', looks back what God did. 

"Before creating human beings God created nature; trees, plants and other things and then human person was put in that creation." Said Msusa

"So Pope Francis as he looks back sees nature, and that the world is not as it was before. Pope Francis is concerned about the co-existence of human beings and nature. We are related with nature, we are part of nature. However, people are destroying the nature." He said 

"Pope Francis is urging us to take care of our natural resources and all what God created. He wants us to be responsible. He calls us to receive this message to look and think of climate change. It is there and we have to control it" urged ECM Bishop chairman

Arch Bishop Msusa further urged Malawians to take care of their natural resources, "Here in Malawi there is wanton cutting down of trees, burning of bushes unnecessarily. But let us replant trees, take care of our natural resources so that our future generation can also enjoy what God created"