Court saves Cashgate convicts’ properties: Sithole money forfeited

Lilongwe Senior Resident Magistrate Patrick Chirwa has ruled against State’s application to confiscate property owned by two Cashgate convicts Victor Sithole and Wyson Soko to recover public funds.

Sithole: Property to be seized

Sithole: Cash forfeited

Soko: Property saved

Soko: Property saved

Government seeks to recover K40 million (US$84 926) from Soko who is serving a seven-year sentence and Sithole, who is currently serving a nine-year sentence.

State asked court’s permission to confiscate Wayambanso General Supplies, Wayambanso Panel Beaters and Spray Painting, Mercedes  Benz and Toyota Fortuner vehicles to recover the K40 million  from Soko.

Magistrate Chirwa in his ruling noted that the sentence he delivered to Soko was enough punishment.

“The 9 years sentence was passed in consideration that the state will not manage to recover the money through any other means,” noted Chirwa.

After the ruling, Nyasulu said the state will not appeal the ruling.

Magistrate Chirwa has also spared Sithole’s Whispers Bar and an Area 25 house in his ruling on which tainted properties government should confiscate.

Chirwa has also let Sithole have access to K700 000 which he paid rent for a house in area 47 prior to his arrest.

The court has however ruled that Sithole’s Toyota Vitts be confiscated and ordered that  K112 400 000, $31 8500,122 200 South African rand, which was found in his possession be forfeited.

Chirwa ordered that all the money which is being kept by the Reserve Bank of Malawi be transferred into the government account.

Defence lawyer Ralph Kasambara was not present in the court.

State Prosecutor Kamudoni Nyasulu said he was satisfied with the ruling.

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52 thoughts on “Court saves Cashgate convicts’ properties: Sithole money forfeited”

  1. Favour says:

    Comment. Olo zibwezedwe ndiye mukuona ngati muzaziona? Adzazidya omwe aja amazidya aja.This is just a waste of time.Madzi akatayika saoleka

  2. Salvador says:

    The court has robbed Malawians..our interest is inreturning the monies to government and not jail terms..how could the court asdume that the monies could not be recovered when it had evidence of properties acquired by those parasites with stolen money, our money? Who is to discipline that magistrate? Shupiti

  3. Kodi Wyson Soko ndi ameneyi? Komatu ndi milandu mukuiyambai. This is not a picture of Wyson Soko. Becareful Nyasa times and Chancy Namadzunda . You will pay more!

  4. Juddaist says:

    Why does the law apply differently to different people? Having read the verdict herein, I am surprised why Sithole’s money should be forfeited when it has been ruled that property should not be confiscated because the punishments (meaning the 9 and 7 year sentences) meted out to these cashgaters was enough punishment. Does it mean money is not property in the legal world?

  5. Although Kamdoni Nyasulu was satisfied with the ruling the judges need to know that Malawians want their money back and not these tricks you are playing or maybe you want a share thereafter.Bwinotu bwino.Tikukuwonanitu!

  6. Eliam k says:

    Akatelo nayenso wadyapo,nde pa nyasa pamenepo

  7. EYE WITNESSES says:

    Malawians commenting on this issue fools. Why do you fail to see sense in the Magistrate? The sentencing was made in consideration of what they had stolen and on the basis that the Government would not recover the same. Is they forfeit the property, the sentences have to be reduced…that that Will not happen and let them enjoy what they had stolen. Mulandu umodzi sakumanga nawo kawiri.

  8. Nyamkaka says:

    Are you judge. This is miscarriage of justice. The property should be confiscated.

  9. Joogerman says:

    Heyfolks,blame govt for not appealing then.

  10. Mwanawane says:

    Stupid judge,Malawi will neva develop due to this stupid sentencing

  11. Zizitelo timati zikubwera bho bola osatengera chizondi kamba kosiyana zipani

  12. Nyakulama says:

    Mr Nyasulu wakalamba, failing to appeal it shows lack of prudence in him. this really means that anyone can steal and jailed for a certain period and later be enjoying the very same proceeds he got by dubious means. katundu aliyense amene wadziwika kuti ali linked ndi cash-gate alandidwe reguardless kuti munthuyo wamangidwa motani.

  13. Phyuta says:

    Zoputsa !!! Kuwaona a Malawi kumbwambwana kapena chani. This is the work of Mr. Kambala, Wapana Kitwe, and Nyasulu. Amalawi, mutsalolere zoputsazi.

  14. koka nyasulu,chirwa,soko,kasambara,sithole…

  15. Kkkkkkkkkk I can see Mr. Kamoto A’s crookedness here. Malawians, don’t accept this Bull-shit.

  16. BigMan says:

    They probably come from the same village. The property that is being referred to here was built from stolen money, and you are saying they should keep the stolen cash so that they can enjoy in on their return from the cells? Ridiculous sentencing.

  17. one malawi one people says:

    wa Cashgate aliyense ucan deal with them in wateva way u want whether using emotions, kaya brains kaya using chidani, kaya ndale deal with them bola chilango chikhale chokhwima atitopetsa…shupiti.

  18. legal says:

    The so called magesterate Chirwa has eaten some cashgate money, its not for him to decide if government can manage to recover the money or not, that’s not his mandate. This is green light for people to steal, you will eat the money after a shot sentence, many will find it worth the risk

  19. zopusa! zija mudadya inuzi, inuyo! mudabweza??????

  20. gwepenya says:

    Soko,Chirwa ndi Nyasulu kodi amenewa ndi achigawo chiti cha Malawi ? a . alomwe .b atumbuka .c angoni d.ayawo e.achewa

    1. Kenkkk says:

      Gwepenya, the answers you have given are not chigawo but tribes. The multiple choice answers you have given to your question are therefore all wrong.

  21. Atcheya says:

    I think people here are using their emotions and not real brains to think. There were some guys Kasambara was representing and even Tereza. These paid back and the court gave them a sentence of 4 years or less. The sentence was reduced because they had paid back. These guys were given 9 years and that’s on the higher end of sentencing. The magistrate in his reasoning says that this sentence was given on the basis that the money would not be recovered. I don’t seem to see why we can’t see the reasoning here. If you think this is wrong, then blame our laws and not the magistrate. Do you really think government would not have appealed if it thought the magistrate errored in his sentencing?

  22. Wizeman Paul says:

    Is this magistrate a malawian? did he pay tax?

  23. kd says:

    kodi chirwa ndiwakuti? mtumbuka kapena? ……….. defence lawyer Raph kasambara was not around….end of quote

  24. Tukwete says:

    Commentgo to a village called mdyanyama in mulanje and see a mansion which triza namathanga built with cashgate money apart from the area 47 one you cant believe that she only stole 62 m mbava za chilomwezi zikubereka pankhanizi nkumalimbana ndi mitundu ina…tikukuonanitu

  25. tell me says:

    there was much need for reflection partaining to this case, harsh sanctions would mean dettterence. Stealing money from government coffers is almost near to treason or equal to that and in some countries this carries a death sentence. 9 years only ?

  26. Kenkkk says:

    This is really stupid. Tax payers want our money back and if these thieves have assets that can be seized and sold to recover our money, these assets should be seized. Recovering our money is better than a jail sentence. The recovered money can be used to boost the govt coffers and used in the development of the country as the money was originally intended for. A jail sentence alone does not give us our money back, they will come out jail and continue to enjoy the fruits of their thieving, laughing and mocking the tax payers all the way to the bank with their other assets remaining intact.

    Also it sets a very bad precedent because that means when the big fishes start being arrested, their assets and money will not be seized. So judge you are actually protecting the big fishes stolen assets and money at the govt’s expense and loss.

    The govt and tax payers will recover most of the losses by seizing and selling these assets. A jail sentence will not. If we are not going to recover our money from these cashgste trials, then we might as well stop them completely and we have wasted our money on these trials for nothing!!!

    Please don’t make a mockery of justice, otherwise you as a judge are being negligent of carrying out your duties properly.

  27. kalikokha says:

    So according to Chirwa one can steal and be sentenced while keeping what one stole so that after the sentence adzaone poyambira. what judgement and this will encourage theft as thieves will know they will retain their loot inorder to find it after the sentence. all thieves now should ask their cases to be heard by Chirwa.

  28. vida says:

    i see it same- same had the money recovered do u think tax payers could really accessing it

  29. akulu says:

    Namathangayu munabisa milandu Ina nkungotchula imodzi Wokha wa 62million iye nkupanga over evaluate nyumba ya Ku 47 nkupeleka ka balance ka tima million tochepa . Mukumatipusitsa kwambili. Mai uja ndi billionaire ndiye civil servants anazitenga kuti ndalamazo??

  30. kwali yekha says:

    bola akanapanga rekava ndalamazo asamumange,a chirwa mwadya,anthuwa ndi pa chibale ,boma lipange apilu.

  31. Salimu Thowa says:

    The gov.must steal apeal the case and confiscate the properties of all these cashgate offenders bcoz they did steal Tax payers money 4 the poor malawians.Sell their prop.plz,without feeling sorry.

  32. Piche Yakiti says:

    So one can steal, buy property, save a court sentence, get released, and enjoy the fruits of stealing???? Malawi.

  33. ceaser says:

    Honestly I am not conversant with the law but my common sense differs from that of the learned Magistrate. I hope the DPP will continue to fight to get every tambala back

  34. akatswiri says:

    what is wrong with the sentences the court has passed, His Worship Chirwa is doing his just doing his job and there is nothing wrong with the sentences he has passed,why you people ask for the 92 billion mukulimbana ndi za ziii Goodfriday.

  35. fkr says:

    with pethetic rulings like this it’s no wonder Malawi is the only country in earth were it actually pays too commit a crime.

  36. Mwananjovu says:

    The Magistrate errors in his ruling. This mean that you can steal money then given jail term then access the money and property after came out of jail term. What a shame.

  37. Ken says:

    Maruling ake amenewa nde Boma silichita recover ndalamazotu,nanga ndalama zonsezo mukafanizile ndi tizaka 7 kundende?alandidwe china chilichonse anthuwa kuti akazamatuluka asowe poyambira

  38. chikoya says:

    These rulings are fair. The convicts have families which must survive using the businesses. Truly speaking, the 40mMK paid to soko is not the one he used to establish the long time businesses he has.

  39. Dammie says:

    This guy wil be serving his term wasting our money as well. Why not just recover that 40million and let him free. I wonder how effective is the judiciary. My opinion is that wen someone is serving hard labour sentence,he must work somewhere in which his payment for the hardlabour must compesate the victim. But in Malawi, hardlabour means just to be locked in our prisons and waste taxpayers money the worst of which is that the victim. Gvt, wake up please!!!

  40. AMUNA says:

    That’s Malawi’s judicial system. plz let the govt money be returned. we want it for devt. f

  41. freedom says:

    No we need to recover all the property which was bought with cashgate money and they should be sold and the money should be placed back into account number one
    the sentences are being made to the convicted for being involved in cashgate. Other wise you will never recover the stolen government money which is our hardly paid tax money.no we don’t agree to this ruling please lets get this to the appeals court.otherwise we should all stop paying taxes

  42. chejali says:

    Kkkkkkk no coment soko is my frnd

  43. john says:

    who said judges are appointed by god? The bible clearly says dnt be judges for every evilman was created for a purpose

  44. Kafire says:

    Magistrate CHIRWA, convicts SOKO and SITHOLE, prosecutor NYASULU, defence counsel KASAMBARA, judgement ASIILENI CHUMA CHIMENE ABACHI NDI CHAWO. Mhhhh ok. So the court is encouraging us that its ok we can steal K10bn and keep the money so that we can enjoy while in prison for 7 years then once released we use the money?

  45. Bertha says:

    Magistrate uyu anamwapo no sound reasoning

  46. panyani says:

    Mukuti seven years but a day counts twice in prison, which means within thee years he will out on the streets eating tax payers money freely. What an easy way to become a millionaire, inenso ndikadzangozipeza ndidzazitapa ndikuuzirenitu.

  47. Jimmy juga says:

    Magestrate chilwa u are a disgrace to malawians .how do think that the sentence mr soko and sithole is serving can be compared to the suffering these thieves brought to the nation. Their property must be foferted . The state should appeal to make sure that the stolen money is taken back to to govt .if the property is succesfully taken back to govt.it will be a lesson to other offenders .

  48. Alfred Munduwabo says:

    The same money which is to be deposited in Account No 1 stolen by Sitole the DPP money hungly guys are going to misuse it.

  49. ri says:

    kumuopa Kasambalatu kumeneko a Chirwa

  50. PK says:

    To recover th K40m ws better than th 7yr jail sentence.Tax Payers need their money back,nothing else!!!Magistrate Chirwa,mukayankha pamaso pa Mulungu,apa palibe chilungamo!!!

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