Jumbe contradicts Mphwiyo on Malawi govt payments: Testifies in Cashgate shooting case

Former minister of finance in the United Democratic Front (UDF) government, Friday Jumbe has contradicted former Budget Director Paul Mphwiyo on how government payments are authorized, saying a budget director has no mandate to make payments.

Jumbe: Budget director does not issue payments

Jumbe: Budget director does not issue payments

.One of the accused person in the shooting of former budget director in the ministry of finance Paul Mphwiyo,  McDonald Kumwembe paraded Jumbe and former Peoples Party official Hophmally Makande to testify as he enters his defence.

Former Malawi Defence Force (MDF) soldier Kumwembe, who is jointly charged with conspiracy to commit murder alongside former minister of Justice and Constitutional Affairs Ralph Kasambara and businessperson Pika Manondo, is defending himself after the state finished cross examining him.

Kumwembe is also charged with attempted murder together with Pika Manondo during the shooting of Mphwiyo outside the gate of his Area 43 residence in Lilongwe on September 13 2013. Mphwiyo’s shooting is believed to have exposed the plunder of public resources at Capital Hill that came to be known as Cashgate.

He paraded Jumbe as his witness due to his knowledge of public finance management following Mphwiyo’s submission in his affidavit that he was “being pressurised by politicians and Cabinet Ministers to make payments.”

Kumwembe asked Jumbe on the role of budget director in relation to issuance of government payments.

Jumbe said under public finance management, the budget director has no power to issue or make payments.

“It is not possible because a budget director works under the Secretary to Treasury. If the holder of that office issues payments, then procedures are being flouted,” testified Jumbe.

Asked by Kasambara if it was normal for Mphwiyo to make such payments, Jumbe vehemently said no.

Kasambara then produced Mphwiyo’s statement which has his job descriptions among them; planning, extension, monitoring and provide advice to the Secretary to the Treasury on budget matters.

“From that do you see any indication that Mphwiyo got legal powers to make payments?” asked Kasambala

Jumbe replied “no,”

Kasambara, “during your tenure as finance minister [Bakili Muluzi, UDF government] was there any situation where  a Budget Director could be used by a president or minister to authorize payments?

In response, Jumbe said: “No, not at all.”

Kasambara further asked Jumbe: “Is it right to say a budget director can originate payment?”

Jumbe said: ’No.”

On Mphwiyo’s statements which claimed that it was Kasambara who was the then Attorney General who was pressurizing him to authorize such payments, the former minister of justice produced two letters he wrote the Secretary to the Treasury and copied to the Accountants General to make payments to some companies which had successfully sued government for breach of contract.

One was from Terrastone and Deco Construction joint ventures which won the contract to construct the parliament building before Malawi severed ties with Taiwan and opted for China.

Another one was with Grey Waterways which payment was done through Banda and Banda Company.

“What was those letters from and to?” Kasambara asked Jumbe.

He replied: “From the Attorney General to secretary to the treasury and copied to the accountant’s general.”

He further asked: “Do you see anywhere addressed to the budget director?”

Jumbe again said, no.

When Director of Public Prosecution (DPP) Mary Kachale quizzed Jumbe on whether he could be a witness of truth on the role of a budget director, Jumbe refused, saying he could not bear such witness.

“I don’t know the parameters under which Mphwiyo was working,” said Jumbe.

Kachale asked again: “Do public servants follow the law?”

In response, Jumbe conceded that “sometimes” public servants flout procedures.

He also admitted that even during his time at the Ministry of Finance, his office made substantial payments and that other people were being prioritised.

Hearing resumes at Lilongwe High Court on Tuesday January 5, 2016.

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27 thoughts on “Jumbe contradicts Mphwiyo on Malawi govt payments: Testifies in Cashgate shooting case”

  1. DR.CASHGATE says:

    Kasambara ndi Lionel Messi pa mlandu umenewu komanso akangowina boma la DPP libetsa ndalama za Boma kumulipira kkkkkkkkk

  2. KK says:

    Ken Lipenga is wright person to testify not Jumbe the crook.

  3. malawi wane says:

    Brotheren lets call a spade spade. The court must treat this case fairly without emotions. I can see some people are just being persecuted here in the name of casgate or murder.I wish all people in cashgate cases well. When will the dpp cashgaters be arrested?

  4. losco says:

    Koma Kasambala amandipeza bwanji!!

  5. mr chimbwititi says:

    ingoulula bwino mphwinyo!!.umupulumusatu kasambalayo akumanga wenkha uona.kkkkkkkk

  6. Mapwevupwevu says:

    jumbe ndi mbava

  7. buke says:

    Things getting tougher and tougher. Let justice prevail.

  8. Wadyera says:

    So Kasambara and Mpwiyo were sworn in enemies right? Therefore this judge concludes that Kasamabara masterminded the shooting of Paul Mphwiyo as per Mr Makande, Kasambara did not want Mr MPhwiyo to be the Director.

  9. Mtondoli Jonazi says:

    This is quite interesting. It sounds like a John Grisham legal thriller. I wish I were around to attend these court sessions and observe. I would have gotten very rich out of it – not by cash-gating, but by producing the next legal thriller that would have given John Grisham a run for his money!!!!

    I do not want to sound cynical but the way it looks the governments case seems to be losing a bit of steam when it comes to nailing the real master-minds. Kasambala seems to know the loopholes and keeps knocking holes into the prosecutor’s case. Whether he is guilty or not – nothing people can say is going to change anything as he and everyone else have the right to be heard.

    But in my own humble layman’s opinion, the government is ‘up shit creek, with no paddle to row’. The prosecutor’s case does not seem to be as water-tight as it was supposed to be. It seems she is having a hard-time proving ‘who done it’. Let us hope the culprits are brought to book and made pay for their crime.

  10. mercy Nyirongo says:

    Makande has shared an important issue in court which says Ralph Kasambala at a dinner at his house while eating nsima said he didn’t want Paul Mphwiyo as a Budget Director what was the former Attorney General interest here hope the Judge will look at this piece of testimony in court…and also what happened at Ralph Kasambala residence the night of Paul Mphwiyo attempted murder …..We hear Kasambala had a lot of things to hide..His wife knows a lot but she cannot say for fear and protecting the family…Judge Mtambo do the needful for your beloved country people are suffering becoz of these people so greedy..

  11. more $ says:

    Mary Kachale knows when to ask the right questions to corner a “mbava”. Letters are one thing and verbal communication is another. Kasambala asatipusitse.

  12. levelheaded says:

    Jumbe at it. You will be put in the mud.

  13. Beast Msonda says:

    Why wasting resources on these cases. Just arrest these cashgators. The case should not who shot who. Rather it should be why they shot each other. These are all cashgators (Paul Mphwiyo and Kasambara). Arrest them all.

  14. La 40 Lakwana says:

    KKKKKKKKK

  15. ijabu says:

    If there are people in Malawi who lost their integrity to the dogs and are therefore herein not fit to testify in any competent court of law one of such people is this Jumbe. This man is a thief himself and has no mandate in any way possible to testify

  16. ijabu says:

    If there are people I know in Malawi who lost integrity and are as such here of not fit to testify in competent court of law one of them herein is this Jumbe. This man is answering a corruption case to the same court how come he is testifying here

  17. Mapwevupwevu says:

    No display

  18. Chifwede says:

    Kasambara is a clever lawyer but still he will be jailed. Reason? The presiding judge Justice Dr Mtambo hates him to the core.

  19. chokani Banda says:

    There are all thieves. Jumbe stole millions during his time of Bakili Muzuli. He used the money to build his private hotel in Limbe which later he was forced to sell. There is nowhere these cases will be solved under UDF, DDP and PP. We need new blood govnment like Chakwela. Or someone who takes over. Even Chilima. Can do better.These three parties have the same blood. No one is clean and are afriad of reviewing each other will lead to them. Cash Gate or money laudering started with Muluzi. It is not first time donors have punished Malawi with aid. They did during Muluzi. Bingu and now Peter. Peter want to hide his Cash Gate by blaming JB. But he is also involved in Cash Gate with his brother. Azungu have checked the money Peter has in USA bank when it was deposited. It was during his time in DDP governement. They dont want to tell. That is why they have asked DDP government to start invesgating from 200 Bingu started to be rich in 2009 second period of his term.He gave his brother ministrial job and his adviser lived under same roof. Gave his wife a million salary more than ministers. This is not democrancy, but act of dictatorship. The whole family domineted economy of malawi. Donors have punished Malawi because of government of DDP not PP under JB. If JB had won they could have helped her to get lid of many of PP. Do you think 20 billion can make donors cut aid NO! But 577 is a lot. Together with the 20 makes it too much for the donors and tax payers. Bingu took 20% of Kalekela money to his account in Australia. It was that made them to kill Chasowa. He Bingu admitted taking 20%. If. Bingu had lived he could have been another Idi Amin in Malawi Africa.

  20. Kazimbi says:

    Jumbe’s testimony has made me make few critical observation,

    1. Why is that the former PS to treasury not a witness or a suspect in this case and other cashgate cases.
    2. How much is hearsay in this case and who benefits from such evidence between the accused and the prosecution team.
    3. How did Mphwiyo serve as a budget director (is it the entire JB reign or not). This is area not coming clearly in this case and related cases

  21. Hens master says:

    All documents to do with cash gates originated from ministries or departments. Certificate of works completed and fake contracts came from technicians from government and consultants. Arrest all of them.

    Tell us what roles kasambala, pika etc played in cash gate so that we follow the case properly.

    Why should they want to kill Paul mphwiyo in the absence of background information

  22. Mapwevupwevu says:

    I dont know why Jumbe the thief was brought in to testify, why didnt they bring in Ken Lipenga and Mkwezalamba who were finance ministers during cash gate time to testify?

    Jumbe Superior Hotel yako yomangira ndalama zakuba zija inatha ngati makatani galu iwe!

    Ndalama za magazi!

  23. matokoso says:

    Koma ndiye Akasambara aziona mpaka kufunsa chinyezi ku Bafa ?where on Earth do crook s follow procedure .Gps has revealed everything . Iam extreemly sorry Ralph the tide is too strong

  24. Njolinjo says:

    These are crooks. I wish Kamuzu was around. Akanangowatsekera without a file.

  25. 2016 welcome says:

    Jumbe answers make sense with the assumption that the circumstances are normal in other words ideal. It’s like the medical field, for example, if one asks me what do you do to manage a malaria patient? Obviously I would easily narrate the procedure; take history, perform diagnostic test and if the results are positive administer medication and monitor the condition, if condition improved discherge. But what all of us ought to know is that cashgate cases were a complete flouting of procedures. There were orders from above or delegated powers to order people to make payments. That’s where it is tricky. However, these cases can be handled by closing seeing where and who floured a procedure. For instance, who signed the cheque, who issued it, who collected the money, where is concrete evidence of services provided.

  26. Conga says:

    Not crucial. He admitted he did not know the parameters Mphwiyo worked under. In any event this time of reporting to support someone’s case is useless

  27. dzambo says:

    real drama here! Kasambala knew beforehand when he was stealing that by using the wrong person he would go scot free.

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